Fulton County DA Fani Willis faces a decision on whether she will be disqualified from prosecuting the Trump election interference case in Georgia.
Her testimony about the timeline of her romantic relationship with special prosecutor Nathan Wade hired for the case is at issue.
AOL reported, “The decision will come down to whether the judge believes Willis had a financial incentive to hire special prosecutor Nathan Wade for the case. Willis and Wade admitted to a romantic relationship, but the timeframe of that relationship was the crux of the argument about whether the relationship was improper.”
Eric Anderson, an attorney at Early Sullivan Wright Gizer & McRae said, “Given the political climate, I would not be completely surprised if the attorney general, a Republican, acts. Attorney General Carr has shown a willingness to take on elected officials in criminal proceedings before.”
“When it comes to politics, anything is possible. Unless the alleged perjury is about a fact material to the matter at hand, perjury charges are not likely for a regular witness,” said Anderson.
Stephen Gillers, a law professor at New York University, said, “The judge should focus on the real disqualification question here. Is there any basis to find that Willis chose to pursue the case to generate income for Wade, which he would then use to take her on luxury trips?”
Gillers said, “The answer is no. Willis started her investigation in February 2021 and did not hire Wade, who was not her first choice, until nine months later. She got an indictment and four guilty pleas.”
“Her successes so far rebut any suggestion that she brought or continued the case to generate fees for Wade. To the contrary, her successes so far tell us she did so because in fact it is a meritorious case,” said Gillers.
Trump’s lawyers argue phone records show Willis and Wade were dating before she claims, and witnesses also say their relationship began earlier.
If proven false, her testimony could constitute perjury, for which she could potentially face charges from the Republican state AG.
Legal experts note perjury charges are possible but not common for lying about a personal relationship.
Syracuse University law professor Greg Germain, said, “Willis could certainly be charged with perjury if a prosecutor can prove that Willis knowingly lied under oath. The matter would have to be referred to a prosecutor, presumably from another DA office or state or federal prosecutor, to bring the charges. It is not common for people to be charged with perjury for lying under oath about a personal relationship, but it certainly has happened in high-profile cases like Bill Clinton and Monica Lewinski. So yes, a perjury prosecution is possible.”
Georgetown University Law School Prof. Jonathan Turley said, “The astonishing thing about this is that you have two prosecutors who stand accused of filing false statements in court.”
Turley said, “Mr. Wade is accused of answering interrogatories falsely. And Willis is accused of making false statements in her filings. That’s what they’re prosecuting defendants in the case for.”
“My question is, will he refer these two to the bar? There are allegations of false statements being filed. Their testimony did not help in that respect. And so will [Judge Scott McAfee] say, ‘Look, I’m going to suggest that one or both of you remove yourselves or maybe even order it, but I am also going to ask the bar to look into these allegations’?” said Turley.
They also say the judge should focus on whether Willis pursued the case to financially benefit Wade rather than on perjury claims. A decision on disqualifying Willis is expected soon.
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