Who will protect themselves from the corruption of some of America’s guardians?
None, apparently. Not in Georgia anyway.
Fulton County Superior Court Judge Scott McAfee, ruling on the state’s election meddling case against Donald Trump, has essentially let District Attorney Fani Willis off the hook.
Willis has sued the sprawling racketeering case against the former president and 18 other co-defendants. That was until the case was abruptly halted in early January when it was revealed that she had entered into a secret romance with the special prosecutor she appointed to the trial.
After weeks of silence, Willis and her now ex-lover Nathan Wade admitted their ‘personal relationship’ but insisted it began after November 2021, when Wade was hired.
In a dramatic role reversal, Willis and Wade both took the witness stand for two days of evidentiary hearings that delved deep into their private lives.
It was revealed that Wade billed Georgia taxpayers more than $728,000 in legal fees for his work on this case. And some of the money helped fund a lifestyle of vacations to Belize, California’s Napa Valley and the Caribbean that he and Willis enjoyed together.
In the public service world, this alleged offense is known as ‘self-dealing’ – the practice of exploiting one’s position of authority to enrich oneself.
After weeks of silence, Willis and her now ex-lover Nathan Wade admitted their ‘personal relationship’ but insisted it began before Wade was hired in November 2021.
Fulton County Superior Court Judge Scott McAfee, ruling on the state’s election meddling case against Donald Trump, has essentially let District Attorney Fani Willis off the hook.
Trump’s defense attorneys argued that their relationship created an unsustainable conflict of interest and reason for the judge to disqualify Willis from the case.
But on Friday, Judge McAfee somehow found a way to look the other way and deal another sickening blow to public faith in American justice.
Logic, law and morality be damned.
It is a decision that would make wise King Solomon shudder.
Because Judge McAfee has split the baby in two.
In a 23-page order, he found that Willis committed a ‘tremendous lapse in judgment’ and behaved in an ‘unprofessional manner’ in not disclosing his romantic relationship with Wade.
Yet, inexplicably, McAfee decided that Willis would not be disqualified from the case.
He concluded that there was only “the appearance of a conflict of interest” and not enough evidence of a substantial “conflict” to warrant her dismissal.
McAfee has given Willis two options: either she and her office voluntarily withdraw from his case, or Wade resigns.
I wonder what she will decide.
Now, it may well be true that the Georgia case against Trump was not initiated with the sole purpose of making Willis and her lover rich. But that is hardly the right standard on which McAfee should have based his decision.
The evidence shows that both parties were enriched during their investigation. It is a clear conflict of interest and far more than just an “appearance”.
Indeed, the real question is not whether Willis should be barred from continuing her prosecution, but whether she should be investigated, indicted and convicted.
If DA Fani Willis prosecuted citizen Fani Willis, she would certainly have an extremely strong case.
In a dramatic role reversal, Willis and Wade both took the witness stand for two days of evidentiary hearings that delved deep into their private lives.
Willis has prosecuted the extensive racketeering case against the former president and 18 other co-defendants.
Among the potential charges: perjury, conspiracy and obstruction of justice.
Willis testified under oath that her romantic relationship with Wade began in 2022 after he was appointed to the case.
But Robin Bryant-Yeartie, a former friend and colleague of Willis’, testified that she had no doubt that Willis and Wade began dating in 2019.
Terrence Bradley, Wade’s former law partner, confirmed this claim in text messages revealed to the court, although he later claimed on the witness stand that he had ‘no personal knowledge’ of when their relationship began.
Perhaps, if that were all the evidence, one would have to believe Willis.
It is not.
Cell phone records show Wade was in the area of Willis’ apartment in the middle of the night, not at a likely time for business meetings, on several occasions in 2021, and especially before 2022, when Willis claims their relationship began.
In one instance, cell phone pings indicated that Wade traveled from his home toward Willis’ home late one evening in September 2021 and remained in the area until 3:30 in the morning. He then texted Willis at 4:20 a.m., according to an affidavit filed by Trump’s lawyers.
There is also the allegation that Wade used his income as a special prosecutor to pay for their exotic trips.
Terrence Bradley (above), Wade’s former law partner, confirmed this claim in text messages revealed to the court, although he later claimed on the witness stand that he had ‘no personal knowledge’ of when their relationship began.
Willis testified that she paid Wade back every penny for her half of the vacations he financed. But she has no proof of repayment – even though the burden of proof should be on her to show repayment.
Alan Dershowitz is an attorney, professor at Harvard Law School and author of ‘Get Trump: The Threat to Civil Liberties, Due Process, and Our Constitutional Rule of Law’
As a prosecutor, Willis has a legal obligation to report any gifts she receives. She must have assumed that one day she might be called upon to establish that Wade was compensated.
But there are no bank withdrawals or deposits, no handwritten notes and no photographs of any repayments.
According to Willis and Wade, these repayments were made in cash.
No sane jury would believe this.
Yet here we are.
A judge has ruled that Fani Willis will not be disqualified from prosecuting the presumptive Republican presidential nominee.
Trump and his co-defendants should seek an immediate review of this gross injustice in an appeals court.
If the former president or anyone else is convicted, there will certainly be grounds to seek an overturn of those convictions.
But regardless of the outcome, this prosecution has been irrevocably tainted – and the American justice system is sinking deeper into decay.