#JMerchant: There is no paper trail for the cash. A public ofcl is required to keep track of gifts.
#McAfee: Does the lack of #evidence fall on the State? Isn't that where burdens come in?
JMerchant: Yes they had the obligation to tell you where the money went. #FaniWillis & #NathanWade concocted the cash excuse together b/c you cannot rebut it.
#JMerchant then defends his wife’s, #AMerchant, credentials: My wife was called a liar. The text msgs prove everything she put into that motion. She verified w/[Bradley] what she put into the filing.
#McAfee: How does the timing of the relationship impact the financial interest?
JMerchant: she appointed #NathanWade for him to get the money. #FaniWillis created the scheme & didn't tell anyone about it. They hid it & tried to create an excuse by saying it happened after the fact.
#JMerchant: The court has to look at it globally & consider all of the witnesses & all of the facts & to evaluate credibility as a factfinder.
#McAfee: You cannot give a dollar amount & look no further?
JMerchant: There is no #law on this so I can’t answer that.
JMerchant: #FaniWillis isn't a disinterested person when it comes to this proceeding.
#JMerchant: #FaniWillis awarded a contract to her boyfriend after dating him for 2 yrs [acc/to defense witness testimony] & then went on personal trips w/him. Even if Willis reimbursed Wade in cash, she has received a personal financial benefit of $9200 in this case.
#McAfee: Should there be an immateriality requirement here?
JMerchant: No. Even if it was $6 it is still disqualifying.
McAfee: So there is a continuum involved here?
JMerchant: the court must do a fact-based analysis.
#JMerchant: I agree w/the State that the conflict cannot be speculative, but we have a concrete #conflict here. #FaniWillis has a very personal interest.
JMerchant: Prosecutors should avoid an appearance of impropriety.
JMerchant: Re: how to determine a personal interest: "You know it when you see it."
JMerchant: E.G. of another case of a conflict is when a DA is a witness in a case, he is DQ'd & his entire office is DQ'd.
[neither are witnesses or parties, they are prosecuting attys]
#JMerchant: #FaniWillis was DQed by JudgeMcBurney (she was supporting oppo of BurtJones, #Georgia LtGov & target of investigation) & tells Judge #McAfee to use the "#AppearanceOfConflict" standard.
JMerchant says "appearance of conflict" standard must be used, but admits that there is law in GA that says "actual conflict of interest".
McAfee: What is the "personal interest"?
JMerchant: It isn't defined by #law but here Willis has a personal financial interest from the scheme she set up.
#FaniWillis disqualification hearing 🧵
#JohnMerchant, who is atty #AshleighMerchant’s husband & also repping Michael Roman, is at the podium for argument.
He stated he would address the #conflict issue he says.
(will refer to as #JMerchant & #AMerchant now)
#Sadow will deal w/ #ForensicMisconduct & statements made to #media & #fraud on the court & Willis' book.
Nonilex