(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . The malicious prosecution of Fani Willis fails [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.'] Date: 2024-03-22 Trump Smears Anyone Who Works to Hold Him Accountable In the entire country, only District Attorney Fani Willis in Fulton County, GA has gone up the ladder of responsibility and charged the “suits” with the “boots” in Donald Trump’s nation-wide enterprise to overturn the results of the 2020 election. DA Willis has the smoking gun – Trump’s hour-long call to GA Secretary of State Brad Raffensperger, pleading and threatening him to “just find 11,780 votes” for Trump. We all heard it. It’s an open & shut case. Co-defendants have pled and are cooperating. Time for a Trump sideshow to distract and delay. Turn the tables. Prosecute the prosecutor. Sex and money always sell. And the mainstream media will eat it up. With Judge McAfee aiding and abetting, the Trump team were allowed to prosecute Fani Willis on national TV. It was a malicious prosecution. A prosecution is “malicious” when prosecutors bring charges without evidence and with no legal basis. Based on rumors, the Trump defendants alleged that DA Willis improperly hired Nathan Wade while they were dating and then profited by letting him take her on lavish vacations. There was no evidence. There was no plausible legal theory. That doesn’t even make sense. A prosecutor should be disqualified when their actions prejudice a defendant by impeding their ability to present a defense or creating an unfair bias against the defendant . No one has explained, including J. McAfee in his final order, how a prosecutor sleeping with another prosecutor or even taking “kickbacks” from the other prosecutor for hiring them prejudices the defendants. If anything, it would help them if the hired attorney was not competent. The Trump charges against DA Willis have, instead, created a powerful and wholly unfair bias against Fani Willis, the prosecution, the government, justice, and the law. Judge McAfee is a newbie judge, just appointed to the Fulton County bench earlier this year. In law school, he was a Federalist Society, Law Republican conservative. He was a state assistant DA and then, for 8 years, an assistant US attorney – a federal prosecutor – before taking the bench. It’s not easy for a 10-year prosecutor, who has never even clerked for a judge, to lose that prosecutorial mindset. The case before McAfee became Trump Defendants prosecuting Fani Willis. J. McAfee aided the prosecution. A more experienced judge might have held a conference in chambers to explore the unsubstantiated charges. J. McAfee called for an evidentiary hearing, nationally televised, that ran over 4 days and allowed counsel for Trump and his co-defendants to question Willis’ finances, her vacations, her morals, and her sex life. At one point during the “trial,” DA Willis said, “You think I’m on trial. These people are on trial for trying to steal an election in 2020. I’m not on trial.” She was mistaken. Trump had managed, with the aid of J. McAfee to have the only televised criminal trial regarding Trump’s election interference this year – likely the only one: the trial of Fani Willis for insinuations of “impropriety.” In the end, J. McAfee dismissed the testimony of the Trumpian witnesses as incredible. He ruled that “Defendants failed to meet their burden of proving an actual conflict of interest” and that defendants were not prejudiced. DA Willis can stay on the case. That should be Case Closed. But no. J. McAfee went on for 9 pages acting not as a court of law, but a court of morality and propriety. He sensed an “odor of mendacity “and a “financial cloud of impropriety.” Clouds and odors, could it be more nebulous? Under the ethics rules, a lawyer must avoid even the appearance of professional impropriety to maintain the public’s trust in the legal profession. McAfee found none. As for the public’s trust in the legal profession, no one in the history of our country has done more to destroy it than Donald Trump. Trump’s legal tactics - stalling, frivolous motions, endless appeals, and attacks on the court, prosecutors, jurors and witnesses have smeared and befouled our justice system. The Deep State is on a Witch Hunt to persecute him. The courts are “rigged,” a “joke,” “unfair,” and a “sham.” Judges are “corrupt,” “biased,” “hostile,” “cracked,” “haters,” “tyrannical,” and “unhinged.” Prosecutors are “racist,” “deranged,” and “thugs.” Jurors are “tainted.” A lot of projection there. Trump’s advantages as an ex-president, a cult leader, and a political mob boss go far beyond wealth. Judges, jurors, witnesses, and court personnel receive regular death threats and swatting attacks from Trump supporters, creating a climate of intimidation throughout the justice system. Nevertheless, at every stage, he and his attorneys have been given undue deference. No other defendant could have acted out, excoriated the entire legal system, and continued to violate court orders without long ago landing in jail. The malicious “prosecution” of DA Fani Willis gained Donald Trump another delay in facing justice for his many criminal activities. This week, J. McAfee approved a review of his ruling. The good news is the case is not stayed so this doesn’t add a further delay. Trump’s plan is to attack and stall so that he is not a convicted felon before the election. If elected, he has said he will have his AG dismiss all federal charges against him. It is doubtful that a state court would prosecute a sitting president. If Trump is re-elected, he will have proved that he is indeed above the law. Our legal system will have failed us. Justice delayed must not be justice denied. Justice requires us to defeat Trump at the ballot box. After his defeat, Citizen Trump will face the same justice system as any other American who orchestrated an attack on the capital, stole classified documents, and sought to overturn the election results in Georgia and America to stay in power. Life in prison. It’s up to us. [END] --- [1] Url: https://www.dailykos.com/stories/2024/3/22/2230925/-The-malicious-prosecution-of-Fani-Willis-fails?pm_campaign=front_page&pm_source=more_community&pm_medium=web Published and (C) by Daily Kos Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/dailykos/