Closing arguments this afternoon on the GA case where Trump & company try to get Fani Willis disqualified.
According to an article in the NYT , Team Trump and his odious attorneys argue that the appearance of impropriety is enough for Fani Willis to be disqualified in the GA case.
A judge in the Georgia election interference case against former President Donald J. Trump is hearing final arguments on Friday afternoon on a motion to disqualify the prosecutor who brought the case, Fani T. Willis, on the ground that a romantic relationship she had with a subordinate created a conflict of interest.
In their first line of attack on Friday, defense attorneys tried to set the bar low for disqualification, arguing that even the appearance of a conflict of interest could lead to the dismissal of Ms. Willis and her entire office from the case. The question could be pivotal to the outcome of whether the disqualification effort succeeds.
“We can demonstrate an appearance of a conflict of interest and that is sufficient,” John B. Merchant III, a lawyer for one of Mr. Trump’s co-defendants, Michael Roman, told the judge, Scott McAfee of Fulton County Superior Court.
Mr. Trump’s lawyer, Steven H. Sadow, picked up the theme in his own remarks, arguing that “once you have the appearance of impropriety,” the law in Georgia is clear: “That’s enough to disqualify.”
But according to Anthony Michael Kreis, that is not the case. (Law professor, political scientist, ATL enthusiast | Constitutional law, American Political Development, Supreme Court, civil rights, law of democracy 🏳️🌈)
NEW from me in the @ajc: Judge McAfee 𝘥𝘰𝘦𝘴 𝘯𝘰𝘵 have the power to disqualify @FaniforDA or the @FultonCountyDA from the 2020 election interference prosecutions under the Georgia Constitution without evidence of an actual conflict of interest. #gapol https://t.co/eb9MzZ8fCS
— Anthony Michael Kreis (@AnthonyMKreis) February 29, 2024
Anthony Michael Kreis
A few brief highlights of my argument. The standard for prosecutorial disqualification is an 𝘢𝘤𝘵𝘶𝘢𝘭 𝘤𝘰𝘯𝘧𝘭𝘪𝘤𝘵 not the 𝘢𝘱𝘱𝘦𝘢𝘳𝘢𝘯𝘤𝘦 of a conflict or an appearance of impropriety. Judge McAfee on February 15th suggested that the standard could be either.
Judge McBurney indicated this could be the standard when he disqualified the Fulton County DA’s Office from investigating Burt Jones’ role in the 2020 election aftermath while the Special Purpose Grand Jury was empaneled. Here is Judge McBurney’s footnote. fultonclerk.org/DocumentCenter…
The question of prosecutorial disqualification is a matter of Georgia law. The appellate courts have not always spoken with a clear unified voice on the question of what the standard is.
Generally, they use an actual conflict. 𝘚𝘦𝘦 Ventura v. State, 346 Ga. App. 309 (2018), citing Whitworth v. State, 275 Ga. App. 790 (2005) (“such a conflict of interest requires more than a theoretical or speculative conflict. An actual conflict of interest must be involved.”).
Sometimes the appellate courts have thrown in “appearance of impropriety” language in the mix. Greater Ga. Amusements, LLC v. State, 728 S.E.2d 744, 747 (Ga. Ct. App. 2012) (“district attorney may not be compensated [in ways that have at least the appearance of a conflict…”).
The Georgia Constitution though and Georgia statutory history give us important context and guidance and should limit the standard Judge McAfee can use to the much higher bar: an actual conflict of interest. Under this standard, the motion to disqualify should be dismissed.
The Georgia Constitution establishes district attorneys as constitutional officers. The power to prosecute flows from the people of each judicial circuit through the district attorney’s office. And the Georgia Constitution imposes an unqualified duty on district attorneys:
DA’s must represent their constituents in 𝘢𝘭𝘭 criminal cases in superior court. Of course, there are limitations to that to the extent that defendants’ due process rights cannot be trumped by the Georgia Constitution’s otherwise unqualified mandate on the district attorney.
But the District Attorney is a constitutional officer; they can’t be disqualified without a demonstrable conflict that prejudices parties. I discuss in the op-ed the kinds of things are obvious conflicts of interest that would mandate disqualification by any reasonable measure.
The Supreme Court of Georgia in 2014 in 𝘔𝘤𝘓𝘢𝘶𝘨𝘩𝘭𝘪𝘯 𝘷. 𝘗𝘢𝘺𝘯𝘦 explained the DA has a very important place in our state constitutional structure. This is also why if a DA has a conflict of interest, the entire office is disqualified. They aren’t just any prosecutor.
“There is no law which authorizes any other person to act in his place in the superior court, except where he is ‘absent or indisposed, or disqualified from interest or relationship,’ and then the authority to act must come from the judge….” Butts v. State, 90 Ga. 450 (1892).
That is a case from the Supreme Court of Georgia explaining the relationship between district attorneys (then called solicitors general) and the standard for disqualification. There must be a ~conflict from interest or relationship.~
Where does this standard come from?
It was first codified in Georgia statutory law in 1860 and remains the language in O.C.G.A. § 15-18-5. Compare!
The long-and-the short of it (I explain in detail in the op-ed) is this standard is a codification of the common law standard for disqualification for judges that required an actual conflict of interest– a showing that a judge would profit or had a close connection with a party.
Today, judges are disqualified under an easier showing of bias because they are supposed to be impartial adjudicators. But prosecutors– and especially Georgia DAs– are different. The statutory standard for them is buried but it has not changed since it was codified in 1860.
Between the Georgia Constitution and the common law roots for disqualification in the OCGA, I argue that Judge McAfee cannot simply believe Fani Willis and the DA’s Office is dirtied up enough to undermine a perception of fairness, thus warranting disqualification.
VFX Lurker
I keep thinking about how this farce could not have happened to a white male DA, because different standards get applied to different groups of people.
This just pisses me off.
West of the Rockies
Hmmm… should the wretched Clarence Thomas be disqualified from the 1/6 case due to “the appearance of impropriety”
Would Republicans be cool with that?
Matt McIrvin
Anything about “the appearance of impropriety” with this band of gangsters, rapists, frauds and thieves is just nauseating.
WaterGirl
@VFX Lurker: What they are doing to her is so fucking wrong, it makes me want to scream. McAfee has allowed this to turn into a freak show – he should never have allowed that.
The whole thing is appalling.
WaterGirl
“Rules for thee, but not for me.”
Fuck that shit.
Manyakitty
@WaterGirl: it’s ridiculous. DA Willis is an adult who dated a colleague for a few months. In no other world would this get a flea’s fart’s worth of attention. Now because everyone has to fucking bend over backwards to give that treasonous pustule every opportunity, we’re all subjected to this heinous bullshit.
Here’s hoping it pisses off enough people that the Democrats win every possible race in the state. (Yes, I know. At least, let’s see it go for Biden again.)
WaterGirl
I’ll take a time out from wanting to either scream or break something to remind everyone about something good.
We have a quilt raffle for Four Directions in Montana. Link to yesterday’s post.
WaterGirl
One thing I’ve learned these past few weeks and months – there are a lot of crappy lawyers and judges out there, and a whole lot of disrespect for the rule of law.
Eolirin
The biggest concern as with all of the other issues with the courts is not what the law says but how much the judges are willing to ignore it to get what they want.
I will remain concerned that we’re going to get a bad ruling here until we don’t.
Baud
This whole episode kind of reminds me of the birther movement.
JPL
@WaterGirl: It’s telling that McAfee let this happen. If he rules strictly on appearance, he will get more requests for removal of other prosecutors.
What a f.king can of worms.
Miss Bianca
Again, I’m sort of straining to see what the relevance of all this shit-stirring is to the ACTUAL CASE involved. Can anyone enlighten me? Is it just because Trump’s lawyers say it’s relevant?
ETA: Also, when you consider the “appearance of impropriety” being brought up by anyone associated with the Shitgibbon…
It is to laugh. Or weep. Or both.
Manyakitty
@WaterGirl: how long does this run? I can’t donate until next week.
Manyakitty
@Miss Bianca: omg seriously 😐
WaterGirl
@Eolirin: I share your concern.
McAfee seemed like a stand-up guy when the GA case first started.
Now, not so much. I feel so much anger and frustration these days that I hardly know what to do with it.
Injustice everywhere we turn. Just look at the last few days, and the posts today.
The Supreme Court gives Trump the delays he wants.
Putin murders Navalny and I’ve got money that says that Putin will be rounding up people who came out for Navalny today.
Then we move on to Israel and Hamas, neither of which give a shit about the Palestinians – seeing them as either pawns in a bigger fight, or animals that can be slaughtered in pursuit of their goals.
Then more apparent corruption in GA because they allow this with hunt of a powerful black woman.
And Ukraine, which is breaking my heart.
Dumpster fires raging everywhere.
252man
@Miss Bianca: It’s a Hail-Mary attempt to disrupt (and discredit) the case against Trump.
WaterGirl
@Manyakitty: I left you a note in the earlier thread. It’s just a few days, but you can send me email letting me know the amount, and we can float you for it for a week or two if need be.
That goes for any regular commenter, if the timing is bad for you.
Steve in the ATL
@WaterGirl: shades of Judge Ito in the OJ trial—clearly not ready for a stage this large
WaterGirl
@Steve in the ATL: Yes!
And Cannon. cough cough – not just corrupt, but ignorant and inexperienced, too.
WaterGirl
The fever needs to break. Somewhere.
Eolirin
@WaterGirl: Yes, it does. And hopefully before it kills us all.
Citizen Alan
@WaterGirl: Fevers frequently kill the patient before the break.
WaterGirl
@Eolirin: It’s just too much.
WaterGirl
@Citizen Alan: I’m saying the fever needs to break somewhere. And soon. Something good on one of the fronts.
HumboldtBlue
What a fucking farce.
eclare
@VFX Lurker:
I think this also would have happened to a white male DA, look at what the RWNJ’s are doing to Hunter, on behalf of TIFG.
Skippy-san
@West of the Rockies: That’s a great point. Too bad no Republican will care, at least not until they are made to pay a price for their hypocrisy.
WaterGirl
@eclare: I think they would have tried this attack on a while male, but I don’t think it would have gone anywhere.
Miss Bianca
@252man: Well, I got that much, but…how, precisely?
Eolirin
I will settle for her simply not being disqualified at this point. If she is, the entire case is probably dead.
Michigan and a few other places could bring a similar case I would expect, and there seems to be at least investigations going on, but they’re well far behind and there are no guarantees of forward progress.
The NY state criminal case will go forward and I have hopes that’ll result in a conviction. But it’s the one people are most likely to brush off as not that big a deal.
Raoul Paste
It’s such a Trumpian tactic. Smear your target with innuendo, and then claim there is the appearance of impropriety. Standard operating procedure in the Republican Party
Jeffro
you beat me to it!
“Smearing is
whatthe only thing that we do! We’ve had a LOT of practice.” – GOPEolirin
I should add, I hope more normie democratic voters find out about and are as pissed off by this stuff as we are.
We need massive and lopsided turnout going into the election.
Baud
@Eolirin:
That is always the dream.
Manyakitty
@WaterGirl: okay, thanks!
Melancholy Jaques
@Eolirin:
If they knew and cared, they’d no longer be normie voters.
stinger
@Raoul Paste:
Goes back at least to <spit> Dick Cheney <spit>.
Eolirin
@Melancholy Jaques: I don’t think that’s actually true.
I think the corruption and denial of justice stories are simple and direct and don’t require that people are fully aware of the details, and the only question is whether those stories break through to people
Because I think people do care about both of those things, whether they’re active watchers or the more typical semi checked out voter.
Sister Golden Bear
, Missouri’s AG just sued Planned Parenthood for “trafficking” based on a video from Project Veritas. In case no one else has shared this, Missouri’s AG just sued Planned Parenthood for “trafficking” based on a video from Project Veritas.
Omnes Omnibus
@WaterGirl: Why wouldn’t there be? There are a lot of shitty doctors, accountants, mechanics, and garbage collectors as well.
H.E.Wolf
I can tell you that volunteer sign-ups with our state Democratic Party are very active so far this year… and women and girls are far in the majority.
Boys and young men (high school and college) are also represented. Men from other age groups, come on and jump in the pool! The water’s fine. :)
Warblewarble
At least 91 of those who came out for Navalny have already been detained and face being shipped off to putins war, as has happened to anti war protesters.
Eolirin
@Omnes Omnibus: Shitty doctors are maybe comparable but shitty judges and lawyers can really ruin people’s lives in ways that are hard for most other professions to match. The standard we demand as a society should be a lot higher there.
The doctors have far more in the way of consequence for getting things wrong too.
SomeRandomGuy
I’m not an attorney or anything, but the appearance of something that *could* be a conflict of interest, *if* people misbehave, is not the appearance of a conflict of interest.
I mean, remember, their theory is, she gave an attorney a job – not an especially lucrative job, in fact, it was one no one really wanted. And the claim is, because he had *that* job, not another job for which he was equally qualified, she benefited. That’s very, very weak. Show me he *might* have earned more money, at another job, and, as far as I’m concerned, that’s a full shitting of the pants by the defense attorney. Very few judges pay attention to pants-shitting attorneys – you don’t even need to go to law school to learn that much.
Instead, they’re saying that the two attorneys are doing things, and, *if* they are also doing (or failing to do) other things (e.g., not reimbursing each other, for example), *then* there’s a conflict. But they have no evidence that they’re *not* reimbursing each other. So they have no evidence of a conflict. In fact, they have two sworn officers of the court testifying that *of course* they did those things, and their ‘star’ witness said he didn’t have any evidence they did anything wrong (much less any actual knowledge of what happened, when).
And this is the right wing all over: they convince themselves that people are misbehaving, when they have no evidence for that. Then, news stories are created that make it seem like some people see a legitimate appearance of a conflict, when, again, THERE IS NO EVIDENCE. NONE. There is evidence that Willis and Wade had certain duties, to avoid such a conflict – but none suggesting they didn’t fulfill those duties.
This isn’t a conflict of interest. Now, Judge Cannon has a clear conflict of interest – she was appointed by the sort of President who said he needed “a new Justice… for the ballots,” i.e., he wanted to appoint a SCOTUS justice who would do his bidding with respect to the then-upcoming election. Since we know Trump expects kickbacks from his judges, we know Cannon should have recused, before she even talked about a special master. But we don’t ask those questions, because there’s no right wing noise machine complaining about it.
WaterGirl
@Omnes Omnibus: I was raised on Perry Mason and Matlock. Good guys, smart, competent. I guess I have higher expectations for attorneys.
Or maybe it’s just that I have higher expectations for the attorneys in these high profile cases. You know, respect for the law!
I would think a good lawyer would hire good lawyers, not some of these mooks.
rikyrah
@WaterGirl:
I feel everything you wrote, WG.
I feel you.
rikyrah
@Miss Bianca:
Never ever forget…
They can’t be pardoned by Kemp in Georgia.
They can’t even be considered for pardon – by the pardon board – until 5 years after the sentence.
Jeffro
completely OT (and apologies if I missed an exchange in an early thread) but this whole thing with Turning Point horrible person Aubrey Savela, who tried to pretend like Maricopa County was going to let her vote twice, is just hysterical.
Not only did she get 110% OWNED by Stephen Richer (their clerk of elections or whatever), when she tried to complain about him “publicly noting her city of residency”, he clapped back that a) her address as a voter is already a public record, and more importantly b) she has her city of residency listed in her Twitter profile (in addition to her original, whining post)
LOLOLOL
They’re not sending their best, that’s for sure!
rikyrah
@Eolirin:
NY Charges are actual felonies.
FELONIES.
Conviction would be convictions of FELONIES.
Another Scott
@Jeffro: [ rofl ]
Cheers,
Scott.
rikyrah
@Warblewarble:
They can ship off the couple hundred thousand who ran to Sri Lanka to avoid the war.
rikyrah
@Jeffro:
That was a beautiful tweet.
Loved it.
252man
@Miss Bianca: Discredit her, discredit the entire case (with assistance of our💩 media).
Jeffro
@Another Scott:
@rikyrah:
random commenter, after the 2nd exchange: “conservative lady really came back to life and said murder me again” LOLOLOL
glc
The Weirdness of Emily’s LIst.
Not a new story, but some new episodes.
piratedan
for those in a giving mood who live in AZ….
https://blogforarizona.net/get-good-dems-on-the-ballot/
the push here is to keep Democratic control of the AZ Corp Commission to keep it solar friendly.
Soprano2
@Sister Golden Bear: He’s a waste of space. This is all about his campaign. No one should take anything from Project Veritas seriously.
wjca
But are we really sure? This may be their best, such as it is.
WaterGirl
@Jeffro: I saw that earlier, and it was so good that I will embed the tweet if I can find it again.
WaterGirl
@piratedan: We are starting our AZ fundraising here in about a week!
Snarki, child of Loki
Now rule that the appearance of being an insurrectionist is enough to trigger 14th Amendment removal from ballots.
Tom Levenson
@glc: Emily’s List completely effed up the open-seat primary for my House representative–torpedoing the most progressive man in the race for alleged (false) waffling on abortion rights. They didn’t do an affirmative push for any of the women in the race, and the net result of that successful ratfucking was to propel the most conservative (former R) candidate–a man–into the seat. Auchinschloss hasn’t turned out to be terrible, but we could have done so much better.
Never donating to Emily’s List again.
cckids
This. It’s astonishing that their tongues didn’t burst into flames.
Warblewarble
@Snarki, child of Loki: But what if in my magic mirror I don’t have the appearance of being an insurrectionist?
glc
@Tom Levenson: Oof.
WaterGirl
I’m trying to watch the video but I can’t bear to listen to the other side.
Old School
@WaterGirl:
Here you go.
(Scroll up for the original tweet from Aubrey Savela. Scroll down for the two tweets from 2/29.)
CaseyL
@Tom Levenson:
Ouch! And ugh! How infuriating. IIRC, Emily’s List has made similar missteps in the past. I remember one race where they had an existing relationship with one of the candidates, and kneecapped another (better) one in the primary in favor of that one.
Ruckus
@Miss Bianca:
I believe it is to scream.
schrodingers_cat
@rikyrah: As I said someone with Trump’s record would a have a hard time getting a student or a work visa let alone a green card. But he will be the nominee of Lincoln’s party for President.
Its strange that the US requires more from its long term visitors and immigrants than it does from a presidential candidate.
WaterGirl
@Old School:
;
Ruckus
@Omnes Omnibus:
Humanity does run the gamut from one end to the other.
I believe that it gets a bit thin at the outer limits and the middle is heavily weighted in both directions.
WaterGirl
@WaterGirl: Full text from the county recorder:
Baud
@glc:
Am I wrong in thinking that Emily’s List can only endorse pro-choice women, so they couldn’t endorse Kim?
Prometheus Shrugged
@rikyrah: Yeah no kidding. The first shipment can be the ones who have formed the “whites only” nightclubs that are currently ruining Sri Lanka’s best beach towns. I will gladly show them on a map where they can hold their whites only nightclub in a bunker on the front lines…
Gretchen
They still haven’t explained how this is a conflict of interest. Sure, if she was dating one of the defense attorneys, that would be a conflict. But two attorneys on the same side dating? Two of the defense attorneys are married to each other, and that’s not a conflict. Why would this be?
Baud
@schrodingers_cat:
Do you think that’s different than eligibility requirements in other countries?
WaterGirl
@WaterGirl: My personal translation:
Gretchen
@Sister Golden Bear: And the accusation was that this imaginary teen was « trafficked » to the Kansas PP, which won’t do an abortion on a kid without parental permission or a judges order. So even if this supposed « uncle » took his imaginary teen niece to Kansas, no abortion is happening.
John Revolta
@Tom Levenson: Auchincloss is one of only two Dem Reps who voted against the spending deal to keep the govt. running yesterday. Got any ideas why he did that? Trying to appease somebody or …….?
pat
@WaterGirl:
Dumpster fires raging everywhere.
Not to mention climate change. Temps approaching 70 deg in western Wisconsin tomorrow, ice gone gone gone in the first weekend of March.
Hard to imagine how this all turns out…. no, actually it is pretty easy to imagine. Crises everywhere you look.
I am glad I don’t have kids and grandkids to worry about. I feel sorry for those kids looking at the way things are changing everywhere.
Leto
@WaterGirl: exactly.
Tom Levenson
@John Revolta: No idea. May reach out to his office and ask.
Dan B
@Sister Golden Bear: Saw that. Getting young women medical care they can’t in Missouri doesn’t seem to be trafficking. What the AG is doing fits the definition of grandstanding.
schrodingers_cat
@Baud: Frankly IDK. I think the requirements for long time visitors are not onerous. But that the bar for the presidential candidate is too low if the Orange One can be one.
Kristine
@John Revolta: IIRC it was because no money for Ukraine was included.
H.E.Wolf
@Baud:
You are correct. EMILY’s List only supports pro-choice women. They aren’t perfect – no organization or individual can achieve that – and it is frustrating when they fall short of expectations. However, they’ve done and will continue to do a lot of good work.
That said, no one need feel obligated to donate to them. There are a lot of good organizations (such as Four Directions!) working in various ways towards a better future for the country.
I’ve been impressed with EMILY’s List’s decision to broaden their portfolio to include pro-choice women running for in-state office. Many of their candidates are young women of color, and they supported Danica Roem, who is trans, in her successful campaign for VA State Senate. https://emilyslist.org/news/emilys-list-endorses-16-democratic-women-for-election-to-virginias-state-legislature/
oldgold
@WaterGirl:
“What they are doing to her is so fucking wrong, it makes me want to scream. McAfee has allowed this to turn into a freak show – he should never have allowed that.”
Generally, I agree with you. That expressed, Willis was reckless and this recklessness has unnecessarily put this case in jeopardy.
@WaterGirl:
Old School
@WaterGirl:
And the follow-up:
…..
Baud
Reddit comment
Steeplejack
@Baud:
😹 👍
John Revolta
@Kristine: Well that would make sense………..it’s a meaningless vote anyway, so.
WaterGirl
@Baud:
That’s awesome. I presume that was meant in the best possible way.
Dan B
@pat: Similar in Seattle. We have Magnolias starting to bloom. They’re usually blooming in the other M month, May! Some trees are close to leafing out. Agriculture may not survive the changes or the pests.
Eyeroller
@Baud: If that’s their criterion then they are useless. I used to donate, and got mail from them for a long time after, but once I saw them endorsing Republican women (who were allegedly “pro choice”) over Democratic men, who were reliably pro-choice, I stopped donating. Eventually the mail stopped. They seemed to be very concerned with “bipartisanship.” Fuck that.
TBone
@Sister Golden Bear: JFC
Dan B
@Sister Golden Bear: And Paxton wanted all the PFLAG info on trans kids. The judge in the case PFLAG brought shot Paxton down.
eclare
@glc:
Great! The first I saw of Andy Kim were photos of him helping to clean the Capitol after Jan 6. Happy to see him ahead.
H.E.Wolf
@Eyeroller: I think it’s possible you have them conflated with a different organization. EMILY’s List explicitly supports Democratic pro-choice women candidates for office. I’m not aware that they make exceptions to that rule, or that they endorse bipartisanship over abortion rights.
https://emilyslist.org/candidates/
eclare
@WaterGirl:
Bless your heart is a perfect ending.
eclare
@Baud:
Sassy, brassy, and kiss my assy. Mission accomplished, Hunter.
eclare
@Dan B:
You have magnolias in Seattle? Had no idea.
topclimber
@oldgold: This case has been in jeopardy from the start.
eclare
@topclimber:
Yep.
jonas
More precisely, accuse your opponent of doing precisely what you have done, aka “every accusation is a confession.”
topclimber
@Baud: “Be just a great big sassy bitch the whole time.” Words to live by.
Dorothy A. Winsor
Mr DAW is doing okay, though he has to spend tonight in the hospital too. The cardiologist said he probably had a mild heart attack. He suggested treating it with drugs for now, which is the reason for the extra night in the hospital. They want to see how he reacts to the drugs. When I left the hospital, Mr DAW was playing online bridge on his laptop. His main complaint is that they won’t let him order chicken parm or meatloaf from the menu. He gets fish.
I’m exhausted, though I haven’t done much. I took a break and went to zumba today which did lessen my stress.
oldgold
@topclimber: Yes and this is why it was so reckless of her to add to the peril this case has faced.
eclare
@Dorothy A. Winsor:
Oh no! I missed this news. All the best to you and Mr. Dorothy, I hope he gets to come home tomorrow.
Eyeroller
@H.E.Wolf: Nope I quite specifically remember them endorsing a Republican woman over a Democratic man. It was quite a while ago so I can’t cite specifics.
eclare
@oldgold:
I know we are in the minority here, but I agree. An own goal.
Subsole
@Eolirin:
Also, when someone in allied health fucks up, the rest of the department doesn’t codify the fuckup into departmental policy in 38 states.
At least, not typically.
I hope.
WaterGirl
@Dorothy A. Winsor
Why “probably”? Test results weren’t definitive?
Hopefully you can spring him soon.
Of course this is totally exhausting! Take care of yourself.
Old School
Here’s hoping he responds well to the drugs and gets to go home tomorrow (and have meatloaf).
Dorothy A. Winsor
@WaterGirl: We haven’t talked to the cardiologist since the EKG we’re still going on his guess from Mr DAW’s symptoms. He said he could have done an angiogram, and he still may, but he wanted to be conservative and start with drugs. Our reading of the EKG on his portal is that there’s a calcified valve. But I guess most people our age have some calcification.
Jay
@eclare:
We have them in Vancouver as well, both tulip and star. Some of the tulip magnolia’s are almost 100 years old.
WaterGirl
@Dorothy A. Winsor: Okay, that makes sense. Hopefully you’ll see the cardiologist soon.
Jay
@oldgold:
“allegations of impropriety” don’t require “evidence of impropriety”.
They were going to pull this shit anyway.
topclimber
@oldgold: Agreed. We can only hope she comes out of this stronger for the trashing.
I thought the DA’s side had the better of the two summations. Bunch of old white guys vs. the nerd with the power point.
WaterGirl
@topclimber: I stopped watching because it was painful. All those white guys, and the only one who sounded decent to me was from the dark side, so I turned it off.
Was the nerd with the powerpoint on the DA’s side?
eclare
@Jay:
I had no idea. One hundred yo magnolias don’t surprise me, they grow very slowly. My grandma had a huge one that I used to hide under, they are very good for that. I don’t know which variety, whichever one grows huge in the south.
Eta> looks like it was a southern magnolia
WaterGirl
@Jay: Star magnolias are amazing.
SiubhanDuinne
@Ruckus:
Geminid
I’m just hoping another sinkhole opens up in Atlanta tonight and swallows John Merchant’s car.
H.E.Wolf
@Eyeroller:
In that case, I gladly defer to your recollection! Fortunately, it would be very unusual for them nowadays. I really appreciate their young, up-and-coming candidates at the in-state level.
Eyeroller
@oldgold: She has said that she hired him before the apparently fairly short relationship began, so we can’t say it was an “own goal” based on that alone.
Manyakitty
@Geminid: with Ashley inside, too.
JPL
@Geminid: hahahaha McAfee should have never agreed to hold the trial or what ever it was. It only purpose was to muddy the waters. She did nothing wrong.
Jackie
Rolling eyes off topic:
Seriously? What if the majority of GQP vote for Haley? Actually that’s my hope lol! I can’t see there being a large MAGA population in DC – isn’t that why TIFG tried so hard to move the Insurrection trial out of DC?
Just another reason to humiliate TIFG with a landslide loss come Nov.
NaijaGal
How many lawyers did Fani Willis try to hire as special prosecutor before she picked Nathan Wade? I haven’t followed this closely but I recall reading that at least two talented lawyers turned her down because they didn’t want the death threats and lunacy that would come with being a part of the prosecution. That to me is scary. The defendant’s past behavior successfully reduced the pool of qualified lawyers willing to assist on the case and everyone just moves on as if that is normal. I wonder whether Fani would still have brought the case, knowing what she knows now.
cmorenc
While i agree it would be a travesty if mcaffee disquslifies willis, i am nonetheless furious with her for indulging a romantic relationship with the special investigative counsel in one of the most crucial, consequential legal cases in our nation’s history – it’s an unforgivable own goal to have given Trump such an opportunity to potentially derail the whole case. She knew she needed unimpeachable integrity to take on such a case, and she frankly blew it to give trump an opening like this.
eclare
@cmorenc:
Agree with everything. And that is what I called it upthread, an own goal.
JPL
@cmorenc: They would have found another appearance of impropriety if that is all it takes.
Gvg
@schrodingers_cat: No it isn’t. It sort of a power of incumbency. Those who can already vote have a big advantage over those who can’t yet. Elected officials are susceptible to pressure from those who can vote. In a democracy, they are supposed to be pressured by voters. Most of the time, it works well, but it’s noticeable when it doesn’t. Elected people usually try to avoid making lots of voters mad.
I noticed it when I realized why out of state tuition was always raised faster than in state by the legislature. Politicians don’t want to piss off voters. Out of state parents can never touch them. This applies to lots of things.
There is always a human tribalism at work, disliking new outsiders. America has a history of swings and eventually accepting new people that is more than many societies. I think we are being passed by some others currently but historically we were unusual. I really hope this wave of anti immigration passes before I die. When I was a kid, we celebrated the melting pot in my public school education and movies. Yes, even though we also had quite a bit of anti Hispanic rhetoric then at the same time. Now we don’t seem to praise that and I haven’t seen a movie about coming to America in a long time.
cmorenc
If judge mcaffee rules in willis’s favor re: conflict of interest, Trump’s next move will be to petition SCOTUS to enjoin further progress in the case until SCOTUS decides the immunity issue, even though Georgia is prosecuting Trump on purely state-law grounds. But the partisan-6 may nonetheless decide that whether immunity extends to state law needs to be considered before *any* case, state or federal, can move forward. That way, even if SCOTUS eventually rules against Trump on all the immunity issues, they will have effectively prevented any case (including Ga) from going fmto trial before the election.
WaterGirl
@Geminid: I thought Merchant in this case was a female?
Jay
@JPL:
Allegations of misconduct need to be “investigated”.
Here in BC, we have the BC Law Society. Accusations must be filed and documented. The accused get’s a copy and can file a documented rebuttal. The Law Society has their own investigators, auditors and data specialists, their then review that accusations, rebuttal, interview witness and compel documents and data.
If it’s a nothing burger, the filing party can face fines, costs, suspension or disbarment.
If there is some there there, then there is a hearing before a board, which will “find” one way or another. Penalties to the judged, remain the same. Everything but a judgement is behind closed doors and isn’t a media circus.
In Georgia, they have no similar mechanism, so the only resolution is a court case.
My guess, is that the Judge is letting the case play out, so that nobody can later claim it was a “rigged” trial, as GrOPer’s are willing to do.
If all Fanny Willis did was drive a Prius, the Defense would have claimed that was disqualifying.
Jay
@WaterGirl:
Merchant, the defense council, is married to Merchant, one of the other 4 defense councils.
Geminid
@Manyakitty: It wouldn’t be that big a drop. Enough to to trigger the airbags, maybe. They’d be ok once the Fire Department pulled them out.
I mainly want see what the car looks like afterwards. I bet it’s a nice one.
Jay
@cmorenc:
eg. President Joe Biden, Alejandro Mayorkas.There is no “unimpeachable” behavior as far as GrOper’s are concerned.
WaterGirl
@Jay: conflict of interest! conflict of interest! conflict of interest!
Geminid
@WaterGirl: This reminds me of the time Betty Cracker told someone, “Read the bloody post!”
StringOnAStick
@pat: I’m with you, Pat. Glad I never had kids and we were talking about serious impacts from climate change when I was a geology student in the late 1970’s. The models are more accurate now and the future looks, well…
WaterGirl
@Geminid: Well, the Merchant I saw and heard in the trial this week was definitely female. And don’t even get me started on how close the judge’s name is to Merchant! :-)
Omnes Omnibus
@oldgold: What ethical rule did she violate that would put this trial in jeopardy?
Jackie
@WaterGirl: Both. Husband and wife team.
WaterGirl
@Jackie: Oh good, more to hate, now I can spread it around.
Seeing those messages between the -ex partner and Merchant, it sure looks like this was just petty, sleezy, gossipy, made-up revenge shit.
JoyceH
@Dorothy A. Winsor:
Oh, argh! The dreaded hospital cardiac menu! I overnighted at the hospital last year for a stroke workup (spoiler alert: I hadn’t had a stroke and wasn’t about to have a stroke), and the menu options looked yummy, but – you can’t have that, no, you can’t have that either. Oh, AND – low sodium and caffeine-free! The next day it was taking a while to release me, and I finally said to the nurse who kept saying the doctor would be along to sign the papers eventually, “You don’t understand. Out in my car in the parking lot there is a Diet Coke, and I’m about to burn this hospital down to get to it.” Oddly, the papers were signed very soon after that.
Dorothy A. Winsor
@JoyceH: LOL. Good line.
oldgold
@cmorenc: This case was never going to trial before the election. But, even if Trump is elected President, because it is a state case, he would remain in legal jeopardy. Unlike the federal cases, he cannot order the DOJ to stand down or pardon himself.
Soprano2
@Dorothy A. Winsor: I’m glad he’s better. The sitting and waiting is mentally exhausting. I’m glad you were able to get in a Zumba class. I hope Mr. DAW makes a full recovery.
Geminid
@WaterGirl: Well, the first time I ever saw the name “John B. Merchant III” was when I read paragraph #5 of this post.
eclare
@JoyceH:
Bravo!
Jackie
@WaterGirl:
Sounds like normal trumpianship to me.
evodevo
@cmorenc: Yep…agree…very poor judgement in my estimation. You can’t even allow the appearance of impropriety when you are dealing with Karl Rovian-types who infest right wing politics nowadays. I can’t believe she made such a rookie mistake…I had such hopes that she was a competent enough badass to carry off this complex prosecution with a zillion moving parts.
Jay
@evodevo:
What if she ate an icecream cones, once?
Gvg
I just saw on a day old thread on Little Green Footballs, that a Scot’s court has found the Trump Organization guilty of inflating the value of their property. It says 350 million in fines and penalties plus’s 100 million in interest. I am guessing that is in UK money so I don’t know the impact. It also seems to imply they understated sometimes, I am guessing for taxes? He can’t get out of foreign legal problems by becoming President again though I suspect they would have delayed if he was still in office. Anyway, other countries are paying attention to what our courts are now exposing. You know he did this everywhere, not just in the US. I said when he won his primary that he was crazy to expose his business to such public scrutiny. I just thought this would happen faster.
Jay
@Gvg:
$569,560,000 in USD.
NotMax
@Gvg
Would like to see any corroboration of that.
Someone in a pre-caffeinated state may have come across this article in a Scottish news outlet and mistakenly muddled the evidence entered regarding the Aberdeenshire property in the NY fraud case?
NotMax
@Dan B
As goeth the saying, March: in like a lamb….
;)
Quaker in a Basement
@West of the Rockies: If the facts presented are sufficient to have Willis removed from the case, then Thomas should be banished to Jupiter.
Quaker in a Basement
@Baud: It doesn’t hurt that he’s being questioned by unprepared idiots.
Gvg
@NotMax: sigh, you’re right, it’s just the scots reporting on our case. Still, I am sure he has broken other countries financial laws too. That’s who he is. I went and checked the linked stories more carefully.