The funny part about this is the people on Twitter already freaking out about it:Legal experts call new Georgia filing: 'National Enquirer dressed up in a pleading'https://t.co/fKdkaO7M5G
— Raw Story (@RawStory) January 9, 2024
Which doesn’t mean the allegations in this pleading are true:Ashleigh Merchant, the lawyer who filed this, is an incredibly hard-working, brilliant attorney with a history of digging up embarrassing stuff in court filings.
— Andrew Fleischman (@ASFleischman) January 8, 2024
She once caught a judge talking shit about her client with a prosecutor on the courtroom cameras. https://t.co/oiPnRV5FtW
Now prove it. (And my understanding is that the case could be forced out to a DA, who might not be interested in pursuing it on purely, hem-hem, legal grounds.)The rule in Georgia is that if the district attorney has a conflict of interest, it conflicts out her entire office.
— Andrew Fleischman (@ASFleischman) January 8, 2024
That means that the prosecution of Donald Trump would go to the AG's office. Who may well drop the case.
That's the strategy
I think there’s a good chance that the only there there in the filing is the relationship itself. The point of the filing would be to get that information into the public realm to discredit the case and justify the legal filing by surrounding that central fact with a bunch of allegations, whether or not they have any legal or substantive merit.
Well, yeah, it's squid ink. But considering Georgia law on conflicts of interest for prosecutors, it's a great deal more than that. Most things in court are. However:
Yes, that’s what hearings are for. The fact there is no “concrete proof” in the pleading is not dispositive.The filing offers no concrete proof of the romantic ties, except to say “sources close to both... have confirmed they had an ongoing, personal relationship.”
— Tamar Hallerman (@TamarHallerman) January 8, 2024
A Willis spokeswoman said the DA will respond “through appropriate court filings"https://t.co/WIi9dyuAL0
That’s where it gets interesting. But are these “details” testimony? Documents proven up in court (not just filed in a pleading)? Witnesses that can be subject to cross-examination? “Details from Wade’s divorce filing” doesn’t sound very promising. That could mean allegations in pleadings (unsubstantiated, IOW), or testimony under oath, documents, witness statements, etc. The phrase itself is too broad to mean anything. Then again, if the divorce proceedings are under seal, I'm wondering about the ethical violations and contempt charges this lawyer is opening herself up to. Not sharing the information while sharing the information is not half as clever as she might think it is.Roman's attorney indicates she got many details from Wade's divorce filing, which is under seal (she says improperly so). She said she is not sharing the info until the seal is lifted and that she's asking a judge to do so.
— Tamar Hallerman (@TamarHallerman) January 8, 2024
The bombshell public filing alleged that special prosecutor Nathan Wade, a private attorney, paid for lavish vacations he took with Willis using the Fulton County funds his law firm received," said the report. "County records show that Wade, who has played a prominent role in the election interference case, has been paid nearly $654,000 in legal fees since January 2022. The DA authorizes his compensation."So far, the only fact here comes from county records. But in 127 pages, and mindful they aren’t required to provide evidence in the pleading:
His lawyers sourced "discussions with individuals with knowledge," who claimed Willis and Wade were "romantically involved" before she brought him onto the case and that their relationship continued during the case.Well, okay. Are these sources from the divorce proceeding? Are they under oath? Divorce proceedings get ugly, fast (take it from an old divorce lawyer. What? I'm old, and I was once a divorce lawyer.). That doesn't mean they are, or remain, credible*:
And there’s this:Mike Roman was effectively Trump's (and before that the Koch's) in-house spy (targeting Republicans, I've been told). So fact that he's making allegations about Fani Willis' personal life raise some interesting questions. https://t.co/0y1ttG4gie
— emptywheel (@emptywheel) January 8, 2024
Interesting, if true. Guess we’ll have to wait and see. I understand Wallis is only going to respond to this in court. That, of course, is the best course, and the wisest one.they made this same allegation earlier. can't remember if it was specifically Roman as defendant, but it was definitely already alleged in public filings, and discussed (derided) by Judge McAfee.
— "Disaster" Voltron (scare quotes intended) (@fiszix) January 8, 2024
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