Dem
51
GOP
49
We're a little late on this story, but arguments have wrapped up in the hearings over whether or not Fulton County DA Fani Willis should be disqualified from overseeing the prosecution of Donald Trump and his accomplices for election-related crimes.
At this point, things have actually become pretty simple. The plaintiffs have not made their case that Willis' conduct was improper in a manner that justifies removal, since her actions clearly did no harm to the defendants. The counselors for the plaintiffs have admitted this—not directly, but in shifting their closing arguments to ask not that Willis be removed for impropriety, and instead that she be removed for creating the appearance of impropriety. That, she certainly did. Even if she did not break the rules by dating Nathan Wade, there's no question that it's not a good look for her to have done so.
And so, that is what McAfee will be wrestling with. On one hand, he's a well-respected jurist with a reputation for integrity who knows exactly what the rules are. He also knows that a key question is whether the defendants have been harmed by the "ethical violation" and he well knows that having Willis appoint an amateur with no experience as lead prosecutor (instead of a professional on her own staff), certainly does not hurt the defendants. On the other hand, he's a Republican and has the aura of someone who is a stickler for professional decorum (as is true of a lot of judges). Many a judge has set aside the letter of the law to rule from their gut; it's their version of jury nullification. So while we think it's likely Willis will be sustained, it's definitely not a certainty. (Z)