NonilexSuperior Court Judge Scott #McAfee determined #NathanWade’s fmr #law partner & divorce lawyer must tell the court what he knows about special prosecutor #NathanWade’s relationship w/ DA #FaniWillis – a decision that could produce more bombshell testimony as defense attorneys seek to disqualify the DA from prosecuting the #FultonCounty #Georgia #Trump #ElectionInterference #RICO case.
Judge #McAfee is once again doing a lot of work educating defense #attorney Merchant on #trial #witness examination procedures.
#Trump #legal #law #lawyer #criminal #conspiracy #Racketeering #RICO #obstruction #fraud #FaniWillis #Georgia #ElectionInterference
#TerrenceBradley is not a great #witness, he does not recall much of anything & as revealed at the end of the last time he was on the witness stand, his #credibility is far from stellar given he left the #law firm w/ #NathanWade after being accused by both a client & an employee of #SexualAssault.
#Trump #FaniWillis #legal #law #lawyer #criminal #conspiracy #Racketeering #RICO #obstruction #fraud #Georgia #ElectionInterference
Painful #witness examination of #TerrenceBradley by the #attorney for Michael Roman, #AshleighMerchant.
Both Bradley & Judge #McAfee are doing most of the work for her.
FYI #Trump's attorney will appear over Zoom.
#FaniWillis #NathanWade #legal #law #criminal #conspiracy #RICO #obstruction #Georgia #ElectionInterference
Sadow, #Trump’s attorney, is a much better lawyer than Merchant. He’s not getting objections & his examination of #TerrenceBradley is making Bradley appear to be less than truthful under oath.
#FaniWillis #NathanWade #legal #law #criminal #conspiracy #RICO #obstruction #Georgia #ElectionInterference
Texts Show Witness Readily Helped Build a Case to Disqualify #Trump Prosecutors
#TerrenceBradley was a reluctant witness in court, but text messages show he was eager to help an effort to disqualify #FaniWillis, the #FultonCounty, #Georgia DA.
#NathanWade #legal #law #criminal #conspiracy #RICO #obstruction #Georgia #ElectionInterference
https://www.nytimes.com/2024/02/29/us/trump-georgia-fani-willis-texts.html?smid=nytcore-ios-share&referringSource=articleShare&sgrp=c-cb
…when Bradley took the stand this week — & 2X earlier this month — he was a deeply reluctant witness.
His testimony did little to resolve a question at the heart of the defense’s attempt to show that #FaniWillis had an untenable conflict of interest: Whether the romantic relationship between Willis & #NathanWade, the lawyer she hired to help run the #Trump case, began before or after he joined her staff.
#legal #law #criminal #conspiracy #RICO #obstruction #Georgia #ElectionInterference
But hundreds of text msgs… show that Bradley, a fmr #law ptr & friend of #NathanWade, helped a defense atty to expose the relationship between the 2 prosecutors.
The texts reveal that Bradley, who served for a time as Wade’s divorce atty until the 2 men had a bitter falling-out, assisted the effort to reveal the romance & provide details about it for ≥4 months — countering the impression he left on the #witness stand that he had known next to nothing about the romance.
In the texts, which began in Sept of last year…, Bradley claimed some knowledge of when the relationship began. He even offered the defense lawyer, Ashleigh Merchant, reassurance as she submitted her motion to disqualify to the court.
“I am nervous,” Merchant texted to Bradley on Jan 8, the day she filed the motion. “This is huge.”
“You are huge,” Bradley encouraged her. “You will be fine.”
(anybody want more info on Bradley & Merchant’s relationship?)
Okay this bit below is so outrageously ridiculous that it makes everything #TerrenceBradley says in the texts incredible (as in not credible) ➘
“When contacted Thurs morning, a lawyer for #NathanWade, Andrew Evans, said that ‘the texts contain several outright lies.’ Among them, Evans said, was an assertion from Bradley that either Evans or his wife, Stacey Evans, a Democratic state rep, had witnessed Wade & #FaniWillis having sex.”
More questionable stuff on #TerrenceBradley & #AshleighMerchant’s relationship:
When Merchant was writing the motion to disqualify the prosecutors, she assured Bradley that “I protected you completely. I kept you out of it.”
Merchant also told Bradley that she was becoming president of the #Georgia Assn of #Criminal Defense Lawyers & wanted him to become more involved in the group, incl’g by becoming a prgm director for an upcoming seminar.
#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.
#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.
#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 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: 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 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: 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.
#Trump atty, #Sadow is up addressing #ForensicMisconduct & #public / #media comments
Sadow: On 1/14/24, #FaniWillis went to a historic black church in ATL & made "the church speech." She did this to prejudice the defendants & their counsel.
[she didn’t comment on the case, only spoke to the accusations of conflict & relationship w/ #NathanWade]
#McAfee: this was a response to a motion that was filed?
Sadow: She could have responded in writing but she didn't. She made #extrajudicial comments
#Sadow: #FaniWillis alleged that race & religion were the reason for the motion to DQ & that is about as bad as that gets in Fulton County.
Sadow: Then the affidavit of Wade filed w/the State's opposition says the relationship did not begin until 2022. State's response also said no relationship as of Nov 1, 2021. Yeartie (witness & fmr friend of Willis) said it began in 2019.
#Sadow: All you have to find is a legitimate concern over their truthfulness about the timing of their relationship & that rises to the level of an appearance of impropriety.
Sadow: #TerrenceBradley texted w/ #AMerchant for months. He told her they "absolutely" dated before #NathanWade was appointed. Bradley, unprompted, texts to Merchant that "it started when she left the DA's Office & was a judge in south Fulton." Bradley definitively told AMerchant that it started before Wade was appointed.
#Sadow: Both #FaniWillis & #NathanWade lied. You know how this works w/ witnesses like #TerrenceBradley. He did everything he could possibly do to evade answering questions.
#Mcafee: So if we agree that Bradley didn't give truthful testimony on the stand, & other than his assertion "absolutely" to Merchant what else do you have here? You usually have something that locks in when that person is telling the lie versus when they're telling the truth.
#Mcafee: You're saying if a rep of the State, the lead DA, says something untruthful on the record, that has to be actively policed by the court? Generally we send it down the street to the #Bar.
#Sadow: You don't have to find that either #Wade or #FaniWillis lied. You just have to find that you have concerns about their truthfulness. Prosecutors are held to a higher standard. They're supposed to be disinterested. They gave you untruthful testimony based on Yeartie testimony & Bradley texts.
#Sadow: There are 2 instances that suggest that they spent the night together. That is corroborating evidence of what Bradley said.
#McAfee: Didn't #Wade testify that he was there 10 times? You've found 35 times now? Wade went to #FaniWillis' condo & he testified that he did. He wasn't keeping track of each time.
Sadow: But he spent the night & that suggests that they're not being honest w/the Court.
#McAfee: Is this a preponderance standard?
#Sadow: Yes
McAfee: Is "SUGGESTIVE" then the same? You're saying forensic misconduct is anything a DA says?
Sadow: Ethical violations that impact ability of defendant to get a fair trial & impact ct's ability to have faith that the prosecutors are acting in good faith.
Craig Gillen, atty for David Shafer, up next & addresses #FaniWillis' church speech.
#McAfee: We have a pattern of public statements but do you have a case that says when a prosecutor has crossed the line?
#Gillen: DA #FaniWillis tried to hide relationship w/ Wade. He filed false docs in his divorce case to hide his relationship w/Willis. The scheme of deflection kicks in when the motion to DQ was filed. Willis played the race card & the God card to deflect from the DQ motion.
#McAfee: But where did the DA cross the line?
#Gillen: By raising racial issues.
[???]
Gillen: #FaniWillis didn't report any of the personal trips w/ #Wade on her financial disclosures that she is required to do as a DA. Willis filed false disclosures & Wade's affidavit is false too.
Next, Richard Rice (another defense atty) is up.
#Rice: Wade & Willis lived a lifestyle of the rich & famous w/the money from the Wade contract. That is the personal interest of Willis in this case.
#Rice: #Wade & #FaniWillis want you to ignore that the relationship started in 2019. >2k calls & >9800 texts in 2021. The Porsche Experience isn't open at night & restaurants aren't open. Yeartie said it [the relationship] started in 2019. Bradley in his text msgs which are substantive evidence says it began in 2019.
Rice: How much is enough? $17k is enough (the amt Wade allegedly gave as a benefit to Willis). Here in Fulton, $100 is the threshold for gifts to public ofcls.
#Rice: The State didn't bring in #FaniWillis' bank records & no proof of the cash withdrawals by Willis. But, yes the burden is ours to prove.
Rice: Willis said in the church speech that the trial team she put together has a conviction rate of 95%. That means that she told the public that these defendants are guilty.
Rice: If hosting a fundraiser for a political opponent is a conflict of interest, then Willis has done worse since then.
Harry #MacDougald (for #JeffClark) is up & starts by acknowledging that the hardest standard for the defense is the actual conflict of interest standard.
MacDougald: doesn't have to be financial interest for DQ. anything that impairs prof judgment. Forensic misconduct is also conflict of interest. The issue is they wanted to conceal their relationship. 6 grounds of conflict: financial; ambition; deceit & concealment; church speech; motion for protective order in divorce case; & defense of DQ.
After a break the State of Georgia [the office of #DA #FaniWillis] is up now.
[Willis is seated at counsel's table.]
DA: #TerrenceBradley did not impeach anyone, including #Wade. Any of Bradley's testimony was improper impeachment because it did not confront Wade in any way. Maybe Bradley lied to #AMerchant. Yeartie told her atty she had no info about the relationship.
DA: The standard for DQ requires the defense to show an actual conflict of interest that Willis received a financial benefit.
#Georgia #DA: The burden is on the defense. It is a high standard of proof to prove misconduct to DQ a prosecutor. The defense's cited cases are misleading, inapplicable, or support the State's position.
#McAfee: There are a number of cases that exclusively refer to an appearance of impropriety, though.
DA: My review of the caselaw is in those cases there was also an actual conflict of interest. When you have an actual conflict there will always be an appearance of impropriety.
#Georgia #DA & #McAfee back & forth about #AppearanceOfConflict or #ActualConflict
DA argues that all of the caselaw presented that mentions appearance of impropriety & that ruled to DQ also proved actual conflict. There is no caselaw where only appearance led to disqualification.
[I’d also have argued that these cases only have impropriety between the prosecutor & a party to the case or a witness, not a co-#attorney]
#law #Georgia #criminal #Trump #RICO #FaniWillis #NathanWade
In #legal weeds now. #McAfee & #Georgia #DA back & forth on caselaw, statutes, various references, etc.
Super boring. Not helping that DA totally lacks charisma.
McAfee: There was a relationship, purchases & reimbursements made & money back & forth between #Wade & #FaniWillis, right? So the idea that money changed hands is no longer speculative right?
DA: Yes. Also uncontested is that there was a relationship [tho dif timeline]
This was done to embarrass the Willis & to impugn her reputation.
#Georgia #DA: #TerrenceBradley is vengeful. All he did was speculate. All info he had was mere speculation; he said that over & over again. Yeartie is disgruntled, like Bradley. Her testimony was inconsistent, at best. Bradley had every motive to lie. His texts were clear about his disdain for #Wade. He was expelled from a thriving #law practice & Wade sided w/the #SexualAssault victim. Bradley was angry.
#McAfee to #AMerchant: Wasn't there a promise made by you that Bradley would impeach specific witnesses?
#Georgia #DA: Yes, that's what was represented to the Court. AMerchant represented that #TerrenceBradley would be an “impeaching machine" but he wasn't able to impeach anyone.
DA: Bradley was asked "do you think it started before Willis hired Wade"? His answer of
"absolutely" was based on the "do you think" part of the question. The question itself asked Bradley to speculate.
#Georgia #DA: #FaniWillis' father testified as to why Willis kept the cash in her home & the fact that he resided in her house in 2019 & Wade did not visit nor cohabitate as #AMerchant asserted. There’s been no evidence to the contrary re what Willis & her father said.
#McAfee: Was it fmr Gov Barnes' testimony that he was the first to be asked by Willis to lead the prosecution or just to be a prosecutor?
DA: To lead the prosecution. Barnes also testified to Wade’s qualifications.
#Georgia #DA is finally warming up in his presentation.
Currently discussing the cellphone records.
DA: not once does #Wade’s phone device appear at #FaniWillis’s home. The defense argues that Wade visited Hapeville 23 times Jan-Mar 2021; Willis didn't live in Hapeville area at the time.
DA informs court that the cell phone location records were not analyzed by an expert nor were they peer reviewed. The normal practices that are used to check data were not used here.
RalfMaximusAlso, his observation that "even though they may have been communicating does not mean they were in a relationship".
Like, duh. Using that reasoning I am in a torrid relationship with the IT support staff at work because we exchanged 30 texts one day after 10pm.