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Judge Scott McAfee mulls gagging Fani Willis after 'legally improper' speech at churchhttps://t.co/RRP5pBVwX7

— Raw Story (@RawStory) March 15, 2024

In these public and televised comments, the District Attorney complained that a Fulton County commissioner "and so many others" questioned her decision to hire SADA Wade," wrote McAfee. 

"When referring to her detractors throughout, she frequently utilized the plural "they." The State argues the speech was not aimed at any of the defendants in this case. Maybe so. But maybe not. 

"Therein lies the danger of public comment by a prosecuting attorney," McAfee said, adding that it was "legally improper." 

"Providing this type of public comment creates dangerous waters for the District Attorney to wade further into," he went on.  

"The time may well have arrived for an order preventing the State from mentioning the case in any public forum to prevent prejudicial pretrial publicity, but that is not the motion presently before the Court."

I was just thinking I never hear of judges ruling like this about Ken Paxton. He shoots his mouth off constantly, looking for media coverage for his very political lawsuits (like his attempt to buffalo Annunciation House in El Paso, an extra-legal effort he took to the press ASAP. The court stopped that cold, reminding the AG he, too, was bound by the Texas Rules of Civil Procedure). Maybe it’s because he doesn’t try criminal cases (not a slight distinction). Maybe it’s because he’s not a black woman speaking to her church in public. Maybe there’s a difference between press releases and press conferences and black churches (or some white would give you the microphone, too. None I ever attended/pastored, but there are different cultures of church.). Or maybe because a stunt like this isn’t worth the candle.  Although the judge is inviting a motion, it would all depend on the facts. 

I’m just a bit uncomfortable with this, but largely in the abstract. Prosecutors should try their cases in the court of law, not in the court of public opinion. And I think that goes for AG’s, too; even in civil cases.

But there are generalizations, and there are specifics. Change the facts, change the outcome. What applies in Georgia doesn’t necessarily apply in Texas. Then again, there’s a lot of loose commentary on legal Twitter condemning Fani Willis for this situation. I’m happy to retain some criticism for the judge, too.