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Levitate
Sep 30, 2005

randy newman voice

YOU'VE GOT A LAFRENIÈRE IN ME
So what's the breakdown? They took a couple of plane ticket and hotel charges that are explained by those two going places related to the case they were working and a vague something about cruise tickets and strung together a story about them dating giving/receiving financial favors?

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Caros
May 14, 2008

Levitate posted:

So what's the breakdown? They took a couple of plane ticket and hotel charges that are explained by those two going places related to the case they were working and a vague something about cruise tickets and strung together a story about them dating giving/receiving financial favors?

And a bunch of Allegations from people who weren't willing to sign on before they filed the motion.

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK

Levitate posted:

So what's the breakdown? They took a couple of plane ticket and hotel charges that are explained by those two going places related to the case they were working and a vague something about cruise tickets and strung together a story about them dating giving/receiving financial favors?

The hotel charges are as inconclusively and loosely tied to the San Francisco trip as the cruise charges are to the Miami trip.

Ms Adequate
Oct 30, 2011

Baby even when I'm dead and gone
You will always be my only one, my only one
When the night is calling
No matter who I become
You will always be my only one, my only one, my only one
When the night is calling



So my thinking that it's the fallout from a messy divorce has strengthened considerably. My :thunk: is that the divorce team were happy to put pressure on because they don't have any professional stake in the DA's case; their objective is to win the best terms possible in their own matter, and if they can do that by suggesting they've got something damaging then maybe the husband just cedes some terms and gives in so it goes away.

I'm less confident in the thinking of Roman's team though. Let themselves be convinced that something they wanted to be true was true? Ehh, maybe, I can see them being persuaded that "Nathan Wade has been banging Willis and she gave him jobs/promotions/etc. as a result, there's totally proof if we can just uncover it" and they're off to the bait store, but I'm not fully convinced. I mean we can't discount rank incompetence, but I think my best guess is that they're hoping their service to Trump - which it would be if they blow up the DA's office - comes back around after a re-election and any censure they attracted was overlooked. Or they intend to dip out and get into the right wing media system.

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK
Roman's team threw a Hail Mary when given actionable levels of plausible deniability. They openly came to the court with a "people are saying" petition in the hopes that a miracle would save them from an unwinnable hand.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Gyges posted:

Roman's team threw a Hail Mary when given actionable levels of plausible deniability. They openly came to the court with a "people are saying" petition in the hopes that a miracle would save them from an unwinnable hand.

And, like, you start deposing people, maybe you find something and get lucky.

Paracaidas
Sep 24, 2016
Consistently Tedious!
Just Security recently posted a breakdown of Why Fani Willis Is Not Disqualified Under Georgia Law

Disclaimer upfront - it's Norm Eisen (who I don't believe has any special knowledge of Georgia law or procedure), Joyce Vance (who has a shaky at best track record on assertions with Trump Legal issues), and Richard Painter (Ethics lawyer under Dubya). All of them know a hell of a lot more than me, but there's varying credibility.


The tl;dr is they view Georgia's conflict rules as only applying when the conflict gives the prosecution an unfair advantage (e.g. prosecutor testifying as witness, former defense attorney prosecuting past client) or benefits from conviction that could cause them to ignore actual innocence (fees contingent on conviction, relationship with victim). They see none of those applying based on Roman's motion.

quote:

The motion filed by defendant Michael Roman seeks primarily to do just that – to disqualify Willis and Wade from further participation in this case. Under Georgia law, however, even if all the factual allegations regarding Willis and Wade were true, there would be no basis for disqualifying them from prosecuting Roman or any of the other defendants in the election conspiracy case.

The key point is that regardless of whether the factual circumstances involving Willis and Wade give rise to separate ethical concerns with respect to his hiring, such questions do not affect the propriety of the prosecution against Roman and his co-defendants. Questions about gifts and related matters go to Willis’s and Wade’s obligations to the Fulton County District Attorney’s office, and have no connection to assuring the defendants a fair trial. These allegations are as irrelevant to the trial as allegations in other situations that prosecutors took office supplies for personal use, drove county vehicles for personal errands, or plagiarized portions of their student law review notes. All of those are legitimate issues—for prosecutors’ offices and those with oversight responsibilities to address—but such allegations do not bring criminal prosecutions to a stop or require that cases be transferred to a different office. Defense attorneys cannot use allegations of prosecutorial ethics violations, real or imaginary, that have nothing to do with a trial to delay or force prosecutors off of a case.

As a matter of both common sense and Georgia law, a prosecutor is disqualified from a case due to a “conflict of interest” only when the prosecutor’s conflicting loyalties could prejudice the defendant leading, for example, to an improper conviction. None of the factual allegations made in the Roman motion have a basis in law for the idea that such prejudice could exist here – as it might where a law enforcement agent is involved with a witness, or a defense lawyer with a judge. We might question Willis’s judgment in hiring Wade and the pair’s other alleged conduct, but under Georgia law that relationship and their alleged behavior do not impact her or his ability to continue on the case.

quote:

Under Georgia law, “[t]here are two generally recognized grounds for disqualification of a prosecuting attorney. The first such ground is based on a conflict of interest, and the second ground has been described as ‘forensic misconduct.'” Williams v. State, 258 Ga. 305, 314, 369 S.E.2d 232, 238 (1988). There is no allegation of “forensic misconduct” in this prosecution. A conflict of interest may arise when the prosecutor has “acquired a personal interest or stake in the defendant’s conviction.” Id. “[A] conflict of interest requires more than a theoretical or speculative conflict. An actual conflict of interest must be involved.” Ventura v. State, 346 Ga. App. 309, 311, 816 S.E.2d 151, 154 (2018) (quoting Whitworth v. State, 275 Ga. App. 790, 793 (1)(b), 622 S.E.2d 21 (2005)).

Georgia appellate courts have recognized several discrete categories of conflicts of interest for the purposes of prosecutorial disqualification. First and most commonly, a conflict of interest has “been held to arise where the prosecutor previously has represented the defendant with respect to the offense charged.” Williams, 258 Ga. at 314, 369 S.E.2d at 238. See also Lamb v. State, 267 Ga. 41, 42, 472 S.E.2d 683, 685 (1996) (“[A] conflict of interest would arise if a defense attorney were to ‘switch sides’ and prosecute his former client.”); Frazier v. State, 257 Ga. 690, 693(9), 362 S.E.2d 351 (1987). Second, a prosecutor may be disqualified if he is a fact witness in the case against the defendant. McLaughlin v. Payne, 295 Ga. 609, 614, 761 S.E.2d 289, 294 (2014). Third, a conflict of interest may arise due to the prosecutor’s relationship with a victim. See Battle v. State, 301 Ga. 694, 698, 804 S.E.2d 46, 51 (2017) (“[A] conflict of interest or the appearance of impropriety from a close personal relationship with the victim may be grounds for disqualification of a prosecutor.”); Head v. State, 253 Ga. App. 757, 757, 560 S.E.2d 536, 537 (2002). Fourth, a conflict of interest leading to disqualification exists when a special prosecutor is compensated by a contingency fee that is paid only if a conviction is secured, because that fee arrangement creates “at least the appearance of a conflict of interest between his public duty to seek justice and his private right to obtain compensation for his services.” Greater Georgia Amusements, LLC v. State, 317 Ga. App. 118, 122, 728 S.E.2d 744, 747 (2012) (physical precedent only). See also Amusement Sales, Inc. v. State, 316 Ga. App. 727, 736, 730 S.E.2d 430, 438 (2012) (adopting reasoning of Greater Georgia Amusements to hold that “disqualification was warranted in light of the SADAs having a personal financial stake in the outcome” due to contingency fee arrangement).

quote:

Georgia courts have resoundingly rejected romantic relationships between attorneys as a basis for prosecutorial disqualification. “[T]here is no per se rule of disqualification based on marital status.” Jones v. Jones, 258 Ga. 353, 354–55 (1988); see also Blumenfeld v. Borenstein, 247 Ga. 406, 408, 276 S.E.2d 607, 609 (1981) (“Absent a showing that special circumstances exist which prevent the adequate representation of the client, disqualification based solely on marital status is not justified.”). The Georgia Supreme Court has explained that even married attorneys on opposing sides of litigation do not suffer from a conflict of interest. See Jones, 258 Ga. at 354–355 (“We have found no authority, and none has been cited to us, for the proposition that married lawyers who are involved in active litigation on opposing sides of a case must be disqualified.”). Georgia courts have explained that, “[w]hile we cannot disagree with the proposition that the marital relationship may be the most intimate relationship of a person’s life, it does not follow that professional people allow this intimacy to interfere with professional obligations.” Ventura, 346 Ga. App. at 311, 816 S.E.2d at 154.

quote:

Wade’s hourly compensation as a Special Prosecutor does not give rise to a conflict of interest because that fee arrangement does not create a financial incentive for Wade to seek conviction rather than justice. Georgia law expressly contemplates that district attorneys may appoint lawyers in private practice as special prosecutors who may be compensated for their work. Ga. Unif. Super. Ct. R. 42.1 (“Special assistant district attorneys appointed by the district attorney including attorneys from personnel of public agencies may prosecute criminal cases.”). See Isaacs v. State, 259 Ga. 717, 722, 386 S.E.2d 316, 322 (1989)

By contrast, the only two cases in Georgia that found that a Special Prosecutor’s financial compensation created a conflict of interest involved contingency fees which were expressly tied to the outcome of the case. In both Amusement Sales, Inc. v. State, 316 Ga. App. 727, 730 S.E.2d 430 (2012), and Greater Georgia Amusements, LLC v. State, 317 Ga. App. 118, 728 S.E.2d 744, 747 (2012), the district attorney appointed several Special Assistant District Attorneys to prosecute actions seeking in rem forfeiture of assets that were “used or intended for use in the course of, derived from, or realized through the foregoing pattern of racketeering activity.” Amusement Sales, 316 Ga. App. at 728, 730 S.E.2d at 433 (quoting OCGA § 16–14–7(a)). In contrast to Wade’s compensation, “[t]he SADAs were in private practice and entered into a contingency fee arrangement with the State to prosecute and recover a percentage of any forfeited proceeds.” Id. The Georgia Court of Appeal rejected that financial arrangement, explaining that “disqualification was warranted in light of the SADAs having a personal financial stake in the outcome.” Id. at 738. That contrasts sharply with an hourly fee like Wade’s, which does not depend on the outcome of the prosecution. Accordingly, because Wade’s hourly compensation does not create an improper motive to seek conviction, it does not give rise to a conflict of interest.

quote:

Nor is there a plausible argument for disqualification based on Wade’s purported financial incentive to initially bring or continue the prosecution of Roman and his co-defendants regardless of its ultimate outcome. Every special prosecutor paid by the hour would have a similar financial incentive, and as noted above both Georgia case law and well-established practice approve of such appointments and financial arrangements. Moreover, the factual record refutes the suggestion that the prosecution is financially motivated.

quote:

As explained above, Wade’s hourly compensation as a Special Prosecutor does not give rise to a conflict of interest that warrants disqualification because it does not create a financial incentive to seek a conviction rather than prosecute the case fairly. The Roman motion alleges that Wade paid for personal travel for Willis and himself, possibly using funds that he derived from his hourly compensation as a Special Prosecutor. Even if that allegation is true–and even if the sole source of Wade’s funds was his hourly compensation as a Special Prosecutor–that financial arrangement between Willis and Wade similarly does not create a financial incentive for Willis to seek a conviction rather to prosecute the case fairly. In particular, Wade will be compensated the exact same amount of money over the course of the prosecution regardless whether any defendant is convicted or not. As a result, Wade will have the exact same amount of money as a result of his service as a Special Prosecutor to pay for personal travel with Willis regardless whether any defendant is convicted or not. Accordingly, even if Wade pays for personal travel with Willis, she has not “acquired a personal interest or stake in the defendant’s conviction” and therefore disqualification is not warranted. Williams, 258 Ga. at 314, 369 S.E.2d 232, 238 (1988). If it were otherwise, Georgia law would look into the expenses of marital couples who work together on prosecutorial teams, but as discussed above that is a non-starter when it comes to a legal basis for claiming a true conflict of interests.

The Islamic Shock
Apr 8, 2021
Granted, he is basically doing this, but I've been thinking if Trump needs lawyers who specialize in dragging poo poo out for as long as possible he could always just ring up the Church of Scientology

Ynglaur
Oct 9, 2013

The Malta Conference, anyone?
Oh Trump will absolutely pull out the "God told me to" language before this is done.

bird food bathtub
Aug 9, 2003

College Slice

Ynglaur posted:

Oh Trump will absolutely pull out the "God told me to" language before this is done.

Meh, his narcissism reigns supreme. He's skipped that part and gone right on to "Yeah I'm basically better than Jesus and perfect in everything I do you should worship me."

Ynglaur
Oct 9, 2013

The Malta Conference, anyone?
Well, sure, it will be "I told God such and such and he agreed", but you get the idea. In conclusion, gently caress Trump and his band of traitors.

Randalor
Sep 4, 2011



bird food bathtub posted:

Meh, his narcissism reigns supreme. He's skipped that part and gone right on to "Yeah I'm basically better than Jesus and perfect in everything I do you should worship me."

Honestly surprised he hasn't claimed to be God yet.

Murgos
Oct 21, 2010

Randalor posted:

Honestly surprised he hasn't claimed to be God yet.

I’d be unsurprised to find out there is some chain email like, “fw: fw: fw: fw: fw: fw: fw: fw: 25 reasons Trump
Is Jesus reincarnated” that’s been doing the rounds in Bible circles.

zoux
Apr 28, 2006

Randalor posted:

Honestly surprised he hasn't claimed to be God yet.

"I'm A god"

Nervous
Jan 25, 2005

Why, hello, my little slice of pecan pie.

zoux posted:

"I'm A god"

Obviously Trump would never say this, because it implies he might not be THE biggliest god.

Randalor
Sep 4, 2011



Nervous posted:

Obviously Trump would never say this, because it implies he might not be THE biggliest god.

"I'm a God, I know it, you all know it, and the other gods, they come up to me, with tears in their eyes, and they're always asking me, How do you do it sir, How do you get everyone to love you sir, and I tell them, I tell them it's because I'm famous, when you're famous they let you do whatever you want to them, not like those democrats trying to drag my name through the mud. Can you believe that, the most famous God in history and they're treating me like that? I had the largest crowd at my ascension, millions of people worshipped me, but they said I lost the election. It's all a lie."

Ulf
Jul 15, 2001

FOUR COLORS
ONE LOVE
Nap Ghost
If this is truly a nothingburger why hasn’t Willis ever issued a categorical denial?

Xiahou Dun
Jul 16, 2009

We shall dive down through black abysses... and in that lair of the Deep Ones we shall dwell amidst wonder and glory forever.



Ulf posted:

If this is truly a nothingburger why hasn’t Willis ever issued a categorical denial?

She did. In court filings.

It helps if you read.

Caros
May 14, 2008

Xiahou Dun posted:

She did. In court filings.

It helps if you read.

I don't thing she actually has formally addressed this motion yet. There is a hearing on the motion on the 15rh but I can't find any filing on the subject from her office. She hadn't responded as of last Friday when she was given a deadline of Feb 2nd to respond in writing.

To my knowledge the only thing she's done on the matter so far has been to try to quash a subpoena forcing her to testify in the divorce case.

So maybe it helps if you read?

Eric Cantonese
Dec 21, 2004

You should hear my accent.
The problem with stating everything out in public is that it can get used against you during the legal process, where fine distinctions, consistency of facts and logical and causal trails (are supposed to) really matter.

If Willis just started making general denials in public and then had to ramp that back in her motion responses, it would turn into both a legal procedural nightmare and a deeper PR nightmare. She was probably responding in the best way she can even though I wish she could just say "it's all false and all BS."

Deteriorata
Feb 6, 2005

Ulf posted:

If this is truly a nothingburger why hasn’t Willis ever issued a categorical denial?

You don't fight the Trump world with a shouting match.

Her response will be in court.

Xiahou Dun
Jul 16, 2009

We shall dive down through black abysses... and in that lair of the Deep Ones we shall dwell amidst wonder and glory forever.



Caros posted:

I don't thing she actually has formally addressed this motion yet. There is a hearing on the motion on the 15rh but I can't find any filing on the subject from her office. She hadn't responded as of last Friday when she was given a deadline of Feb 2nd to respond in writing.

To my knowledge the only thing she's done on the matter so far has been to try to quash a subpoena forcing her to testify in the divorce case.

So maybe it helps if you read?

You're right. I'm being snippy and I'm not even remembering correctly.

Sorry, Ulf.

Blind Rasputin
Nov 25, 2002

Farewell, good Hunter. May you find your worth in the waking world.

Deteriorata posted:

You don't fight the Trump world with a shouting match.

Her response will be in court.

You’re quite right. Without her shouting back, or even saying a peep, they can’t shout louder using their platforms and defame her further in the public eye. It is interesting that trump hasn’t actually “Truth’d” about this since it first came out, and I am guessing it’s because she didn’t bite for a big public yell down. She is handling it the best way possible and also the way they hate (in court) because they don’t win in court.

haveblue
Aug 15, 2005



Toilet Rascal
Someone has finally learned not to wrestle with the pig

Main Paineframe
Oct 27, 2010

Blind Rasputin posted:

You’re quite right. Without her shouting back, or even saying a peep, they can’t shout louder using their platforms and defame her further in the public eye. It is interesting that trump hasn’t actually “Truth’d” about this since it first came out, and I am guessing it’s because she didn’t bite for a big public yell down. She is handling it the best way possible and also the way they hate (in court) because they don’t win in court.

They can shout louder regardless of what she does. However, she's a prosecutor. The only person she has to convince is the judge. There's simply no reason to fight this out in the public eye.

I don't recall Trump's team going out of their way to make a big public media deal out of this, either Their side of things was just a court filing too. It's just that huge chunks of the media are closely scrutinizing every single thing that happens in the case, desperate for every last crumb of TRUMP coverage, so it got picked up and spread around by tons of reporters across the entire political spectrum, each and every one of them thrilled to make it into a controversy.

Cimber
Feb 3, 2014

Main Paineframe posted:

They can shout louder regardless of what she does. However, she's a prosecutor. The only person she has to convince is the judge. There's simply no reason to fight this out in the public eye.

I don't recall Trump's team going out of their way to make a big public media deal out of this, either Their side of things was just a court filing too. It's just that huge chunks of the media are closely scrutinizing every single thing that happens in the case, desperate for every last crumb of TRUMP coverage, so it got picked up and spread around by tons of reporters across the entire political spectrum, each and every one of them thrilled to make it into a controversy.

I also suspect that this is getting the amount of attention it is because A) There isn't much legal news otherwise. B) This is juicy stuff!

Tayter Swift
Nov 18, 2002

Pillbug
To be fair we've spent hundreds of posts here engaging with it so they're kinda right.

Caros
May 14, 2008

Xiahou Dun posted:

You're right. I'm being snippy and I'm not even remembering correctly.

Sorry, Ulf.

S'all good my dude or dudette. We all have days like that, and trump stuff brings out the worst in everyone.

One nice thing about goons. Most of us can take the L gracefully in my experience. Outside of cinema D.

CPColin
Sep 9, 2003

Big ol' smile.
It turned out it helped everybody if everybody read :glomp:

Ms Adequate
Oct 30, 2011

Baby even when I'm dead and gone
You will always be my only one, my only one
When the night is calling
No matter who I become
You will always be my only one, my only one, my only one
When the night is calling



zoux posted:

"I'm A god"

"How can you impeach a God? What a grand an- some people are saying it's the grandest, the grandest and most intoxicating innocence. From all over this great country of ours, that they're trying to take away from you, and the media won't show you how many people are saying this, the best people, the smartest people, very smart lawyers from the best schools, they're all saying 'Trump is innocent'. Isn't that something? 'Trump is innocent.' But the deep state led by the Biden Dark Brotherhood are trying to tell you 'Trump is the Sharmat' because they hate us and they hate our movement. But we're gonna fight and we're gonna win, and we're gonna drive out the mongrel dogs of the Empire, and we're gonna take our country back! Make Resdaynia Great Again!"

Lammasu
May 8, 2019

lawful Good Monster
I love to point out that saying you don't think you did anything Jesus needs to forgive you for is lest Christian thing you can say.

zoux
Apr 28, 2006

Less than "Two Corinthians"

PainterofCrap
Oct 17, 2002

hey bebe



One Corinthian? drat.

Nervous
Jan 25, 2005

Why, hello, my little slice of pecan pie.

Lammasu posted:

I love to point out that saying you don't think you did anything Jesus needs to forgive you for is lest Christian thing you can say.

I think you'll find that it's very Christian come this fall. The most Christian anyone's ever been. Jesus would have wanted you to vote Republican.

TheKub
May 11, 2006

Zero CollusionCorinthians

Lammasu
May 8, 2019

lawful Good Monster

Nervous posted:

I think you'll find that it's very Christian come this fall. The most Christian anyone's ever been. Jesus would have wanted you to vote Republican.

Supply side Jesus.

CPColin
Sep 9, 2003

Big ol' smile.
Stabbing Jesus with my spear for some trickle-down action

Orthanc6
Nov 4, 2009
I too remember that time Jesus had a large crowd violently dispersed by cops so he could walk down the street and hold a borrowed Bible upside down for a photo op.

Failed Imagineer
Sep 22, 2018

Orthanc6 posted:

I too remember that time Jesus had a large crowd violently dispersed by cops so he could walk down the street and hold a borrowed Bible upside down for a photo op.

Just like Trump, Jesus was always promoting his ghostwritten memoir

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DarkHorse
Dec 13, 2006

Vroom vroom, BEEP BEEP!
Nap Ghost

Orthanc6 posted:

I too remember that time Jesus had a large crowd violently dispersed by cops so he could walk down the street and hold a borrowed Bible upside down for a photo op.

Much like a guy taking himself in the balls to death and MTG being the Jan 6 bomber, Trump didn't hold the Bible upside-down

But it should be true, so it definitely is

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