Judge to decide the fate of Fani Willis and Nathan Wade in the coming weeks
Fox News correspondent Steve Harrigan has the latest on the trial's closing arguments live from Atlanta, Ga. on 'Special Report.'
Now that the motion to disqualify Fani Willis is in the hands of the judge awaiting his ruling, the Fulton District Attorney’s Office is in a full state of disarray, brought upon it by an arrogant, self-serving, self-righteous and self-dealing "Madame District Attorney," as she refers to herself.
The various defendants who have filed for the indictment to be dismissed based on a conflict of interest allege two primary grounds. First, that Willis engaged in "Forensic Misconduct," which means through her countless media appearances and recent church appearances, where she has talked about this specific disqualification effort, she has effectively denied the defendants a fair trial.
On this point, lawyers pointed out that Willis arrogantly marched into a pulpit at a Black church in Atlanta, filled with potential jurors, and said God was on her side, that the lawyers attacking her were racists, and by telling them she had a 95% conviction rate, thus implying that the defendants were most certainly guilty.
Special Prosecutor Nathan Wade and District Attorney Fani Willi (Getty Images)
She’s not allowed to do that. Under the Georgia Rules of Professional Conduct, she violated one, Rule 3.8, specially aimed at prosecutors:
ONE THING CERTAIN AFTER FANI WILLIS' BIG EMBARRASSMENT IN THE COURTROOM
"The prosecutor in a criminal case shall… refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused."
The maximum penalty for violating this rule is disbarment.
Her going into a church packed full of potential jurors and slamming the defendants and their lawyers for calling out her nepotism, her self-dealing, and her apparent dishonesty to the court, while calling them racists, clearly violates Rule 3.8. And if she can get disbarred for it, she should most certainly be removed from the case.
There is a reason for this rule. Prosecutors are supposed to ensure the fairness of the entire process. Fundamental fairness is at the heart of due process, and without due process the system collapses.
The other main ground the defendants rely on to remove Willis are based on an alleged conflict of interest for having a personal financial stake in the existence of and the continuation of the case.
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The evidence presented clearly shows a scheme concocted by Willis whereby she gave a lucrative no-bid contract, paying $250 per hour, to her secret lover, "Special Prosecutor" Nathan Wade, who had never ever in his life prosecuted a felony case and then had those tax dollars come back to her in a form of a kickback whereby Wade would pay the costs of luxury travel on her behalf.
This text exchange between Michael Roman’s attorney, Ashleigh Merchant, and Wade’s former partner, Terrence Bradley, confirms that Wade is wholly unqualified for his role in this case.
Merchant: "To your knowledge has Nathan ever prosecuted a felony? I can’t find a single one."
Bradley: "Never in his life has he ever prosecuted a felony."
Merchant presented documentary evidence showing Wade had romanced Willis by taking her on romantic trips, including Caribbean cruises and Napa Valley, to name just a couple. In all, the evidence Merchant was able to get her hands on totaled about $17,000.
IT'S AN ADULTS-ONLY REALITY TV HIT. JUST CALL IT ‘THE REAL PROSECUTORS OF FULTON COUNTY’
Here is where the disqualification hearing moves into the surreal. First, Willis and Wade both admitted under oath to having the affair, however they claim it did not start until 2022, after his appointment as "special prosecutor." Then they both testified to this ridiculous scheme whereby she would repay Wade – in untraceable, unverifiable cash – for the costs of her travel.
Notwithstanding that this claim defies credulity, the judge should give this testimony no weight or credibility because, in my opinion Willis and Wade lied to the court and perpetrated a fraud upon the court concerning the timing of the romantic affair. Even so, assuming she had made the reimbursements in cash, according to the testimony she shorted Wade nearly $10,0000.
Whether you believe her testimony or not, the evidence is clear: Fani Willis made money off this scheme and that is a legal conflict of interest that requires her removal from the case.
Perpetrating a fraud on the court is an additional basis on which the judge could rely if he rules to boot Willis and team from the case.
Notwithstanding that perjury in Georgia is a felony crime, the Georgia Rules of Professional Conduct, under Rule 3.3, Candor Toward the Tribunal, are very clear on this issue:
SPECIAL ATTORNEY HIRED BY FANI WILLIS TO HELP PROSECUTE TRUMP DONATED BIG BUCKS TO HER CAMPAIGN
"A lawyer shall not knowingly… make a false statement of material fact or law to a tribunal;… offer evidence that the lawyer knows to be false."
This is also a disbarment offense.
What evidence supports the defense claims that Willis and Wade lied to the court? Well, there’s quite a bit, in my opinion.
First, there’s the sworn testimony of Robin Yeartie, a former friend and employee of Willis. Yeartie testified that the romantic affair began as early as 2019, long before Willis became DA. She testified that she saw them with her own eyes hugging and kissing and acting like a couple.
Second, we have text messages, admitted as substantive evidence in the case, between Merchant and Bradley, a former law partner, friend and divorce attorney for Wade.
COLBERT BLASTS FANI WILLIS FOR ENDANGERING TRUMP CASE IN GEORGIA
In a text conversation with Merchant, Bradley is asked if he though the affair began before Willis hired Wade as "special prosecutor." Bradley responded "Absolutely."
Then, without being prompted, Bradley added, "It started when she left the DA’s office (to prepare to run for DA) and was judge in [the city of] south fulton."
Thirdly, counsel for former President Trump provided cell location data evidence that circumstantially, yet powerfully, proves Wade visited Willis at the condominium she was staying in, provided to her by Yeartie, in the overnight hours on at least two separate occasions in the fall 2021, prior to the claimed start of the affair in 2022.
Lying and perpetrating a fraud on the court is enough to toss Willis from the case. It’s also enough to land her in all sorts of other hot water, personally and professionally.
But for this hearing, if the judge believes she has lied about the timing of the affair, he can disbelieve her testimony about the cash reimbursements, and we are back where we started:
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Fani Willis personally enriched herself by handing a lucrative contract to her lover to be "special prosecutor" and then got kickbacks from him in the form of frequent luxury travel.
Disqualifying a prosecutor from a case is a heavy ask for a judge and these things are never granted lightly. However, the scandalous facts proven in this hearing are more than sufficient to remove Willis. And if Willis is removed, her entire office gets removed.
Dismissing an indictment is also a heavy ask for a judge. Due to the actions of Willis however, dismissal is required. The indictment is structurally unsound due to prosecutorial misconduct.
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Willis has engaged in dishonest behavior not unlike what she accuses the defendants of in this case. The case is damaged beyond repair. So is the Fulton District Attorney’s Office.
Willis needs to resign her office and allow a new person to restore honor and integrity to the largest prosecutor’s office in Georgia.