Be Careful What You Ask For

Trump says 'Lovebirds' Fani Willis and alleged romantic partner owe him damages https://t.co/XHW0pOrshA

— Raw Story (@RawStory) January 19, 2024

This is pretty much what Roman is going for, only not quite so openly:

WOW! Just released Credit Card records (showing a small sample only) irrefutably prove that Fulton County, Georgia (Crime-ridden Atlanta) D.A. Fani Willis colluded with her Boyfriend/Lover to wrongfully target me in order to ENRICH themselves, and to live the Lifestyle of the Rich and Famous!" wrote Trump. "Cruises, Wineries, Shopping, and so much more - paid for with money they got by persecuting me and other honorable American Patriots!" 

"The Lovers knew that I did nothing wrong, that the phone calls were PERFECT, and that the 2020 Presidential Election in Georgia, and many other crucial States, was Rigged and Stolen," Trump continued. "But, they saw Dollar Signs, Fancy Living, and Fame, so, together, they concocted a Fake Indictment targeting me, because they knew that the Witch Hunt would pay more than for anyone else in the Country. Now, they have been exposed. The Hoax has to be Totally and Completely DISMISSED, and the Lovebirds should face appropriate consequences. I, and many other Good Citizens of our Nation, are owed damages for the Dishonest Turmoil and Fraud we have been forced to endure."

Yeah, that's not gonna happen.

Two separate grand juries reviewed the evidence in this case, and both voted to indict. Whether or not Willis is going on trips with a lawyer hired to prosecute this case, is irrelevant.

But I’ve opined on this before. Here is the best report/analysis I’ve seen on this topic:

This rapidly moving story began with a filing earlier this month of a motion to disqualify and dismiss the criminal indictment by Roman based on the salacious, but unsupported charge that DA Willis was in an after-hours relationship with Mr. Wade. The motion, citing no supporting case law or purported rule of ethics violated, and citing no element of the prosecution that is comprised by their alleged relationship, seeks to not only disqualify Ms. Willis and Mr. Wade but have the indictment dismissed as well.

It's not unimportant that the motion presents no case law or ethics violations, and doesn’t explain how the prosecution of this case is compromised by the allegations. I expect the DA will point this out, because not only is the burden of proof on the movant, so is the burden for stating an issue the court can rule on. This is Law 101. A lawsuit can only be predicated on a “cause of action.” You can’t just say “You owe me damages!” There has to be a cause of action the court can rule on . Remember that case I mentioned, where Mom was pregnant but still not divorced, and no one disagreed the boyfriend was the father? The problem there was not the fight to prove paternity. It was what action the court could take to rebut the statutory presumption of paternity, which fell on the husband. The court would do it, but we had to figure out how the court could do it.

I once had to convince a judge to issue a writ of sequestration rather than a writ of mandamus, because I’d researched the law and found the right motion for my client. But it wasn’t in the normal course of business, so the judge needed convincing. I couldn’t just tell the judge to tell the parties to give my client the property. I had to properly invoke the power of the court.

So on what basis is Roman asking for relief? The DA has to know in order to respond. And what facts are they relying on? Again, the DA has to know in order to respond. You can see where this is going already.

There’s lots of discussion about alleged evidence, but very little discussion of how the law handles these matters. Most of that discussion really no more insightful or credible than Trump’s rant. And this is more likely where it’s going:

As alleged in DA Willis’ new filing, DA Willis has no relevant information to the Wade divorce proceeding (which is based on Ms. Wade alleging having an affair while married, while both parties cited that the marriage was irretrievably broken since 2021). Instead, Ms. Willis alleges that the true purpose of the subpoena for her testimony is for Mr. Roman and the other co-conspirators to conduct an improper fishing expedition into her private affairs to shore up their threadbare motion to disqualify her and have the indictment dismissed, to harass her, and to ultimately inference with the ongoing criminal investigation. 

As a remedy, DA Willis is requesting that the Court overseeing the divorce not only enter an order to prevent her deposition from being taken and awarding her attorneys’ fees, but that if the Court denies the motion, that it permit the DA’s office 6 month’s time to "complete a review .. [and] … .investigate and depose relevant witnesses with regard to the interference and obstruction" between Roman, Wade’s ex-wife and presumably others, that could include Trump. But even if the divorce court does not allow such an investigation, it is highly likely that DA Willis has already opened up a criminal investigation into Roman and his possible coordination with the Trump team to corruptly obstruct justice and destabilize the DA Office’s prosecution.

Trump is a fucking idiot, but then most of the tongue-clucking and tut-tutting I’ve heard about this is an improvement only in tone.

I’m really interested in what the divorce proceeding hearing produces, and then what happens in February. My guess is, Roman has gotten some body parts caught in the meat grinder, and they’re going to hurt when this is over.

One thing I will add: just because Willis took a trip to Vegas doesn’t mean she didn’t attend s professional convention there. Doesn’t mean she did, of course. But we can’t jump to the conclusion she spent a sybaritic weekend drinking, gambling, and living large. Families go to Vegas now, too. This isn’t the 1960’s.

Or she did. So what?