The Fani Gamble

As many of you may know, a decision is expected Friday down in Atlanta regarding the escapades of Fani Willis and her former paramour, Nathan Wade.

Many in the media are straining hard to interpret the actions of the judge in dropping six of the charges earlier this week.

Here’s what else you should know.

As we’ve discussed in this space, and on video over at The Ops Desk website, Judge Scott McAfee is in something of a conundrum (hey Scott, you took the job…). He is an elected official, in Atlanta, and doesn’t want to alienate an entire swath of voters. This could suggest he would let Fani and Wade remain as the leaders of the prosecution against Donald Trump and his remaining 14 co-defendants.

This would certainly be the easier option for McAfee. It would be less controversial for that electorate, and the national media would of course run interference for Willis and Wade (as the case is against the left’s Thanos, Donald Trump).

But… there are obstacles:

1. The Georgia Senate has opened its own investigation. And as we’ve pointed out, they have subpoena power and could well get to the content of the text messages that Willis and Wade reportedly exchanged prior to Willis hiring Wade.

   At this point, the fact that Willis and Wade had 12,000 contacts — 10,000 of them, text messages — in the period of 2021 before Willis hired Wade means that the Georgia Senate could well produce incontrovertible evidence that the relationship began before the hiring. This would make Willis and Wade guilty of perjury and various Georgia obstruction charges, as they have denied this under oath.

    

   Were the judge to exonerate the two, and the Georgia Senate later develops this evidence (which I deem likely), the judge would be in the position of not only looking foolish — but of having to re-assess his decision. As in: pulling them both off the case and referring them for felony charges. Ouch.

2. Governor Kemp of Georgia could also appoint a special prosecutor, who would have subpoena and search warrant powers. While Kemp is no fan of Donald Trump, he is in the end a Republican. Further, this case is a galloping embarassment to his state (and the nation). He has the power to rein it in by also obtaining the contents of the text messages.

3. The Georgia State Attorney General, Chris Carr, could do the same. Georgia AG is an elected position, and as such can make a decision independent of the Governor. So even if Kemp doesn’t move on this — Carr could. For an ambitious AG — and is there any other kind? — it would be a smart political move.

4. Recall that “impropriety” by Willis and Wade isn’t even the standard the judge has to use here — it’s the appearance of impropriety. While that is apparently a vague term under Georgia case law, any normal reading would indicate that we are well over the bar for “apparent” misconduct by this dynamic duo of jurisprudence.

Finally, it’s just the correct move, legally. In any other circumstance, Willis and Wade would already have been removed, and likely referred for investigation by the state bar. Recall that in addition to the apparent financial skullduggery here (over $600,000 paid by Willis to Wade (the latter of whom had never tried a felony case), Willis blurted out under oath that she keeps cash from a prior campaign in her closet.

What a brilliant move by the top prosecutor in the county.

If Judge McAffee ever wants to be taken seriously again — they’ve got to go.

Whether he allows the case to remain under the jurisdiction of the Fulton County District Attorney’s office is another issue (I frankly don’t see how he can). But at the least, for the integrity of our legal system: Willis and Wade have to go.

And yes — the investigation of them should then continue.

Someone, for God’s sake: just pull the text messages. They’re undoubtedly retrievable.

End this farce.

Thanks for reading The Ops Desk. Stay Safe!