A Strong Offense

NEW: Fulton County Prosecutors Move to Dismiss Appeal Seeking to Disqualify DA Fani Willis in Trump RICO Case https://t.co/N3bAPzqIwN

— MeidasTouch (@MeidasTouch) June 12, 2024

In their motion to dismiss, Fulton County prosecutors emphasize the deference appellate courts must give to trial courts' factual determinations, especially those concerning witness credibility and evidentiary weight. They argue that the trial court’s findings were not clearly erroneous and should therefore stand. 

The trial court had noted that the Appellants were given ample opportunity to present evidence over a three-day period but failed to provide convincing support for their claims. The court concluded that there was no proof that DA Willis had a material financial interest in the prosecution or that her relationship with Wade influenced her prosecutorial decisions. 

The Appellants also alleged forensic misconduct, citing public comments made by Willis about the investigation. The trial court reviewed these comments and determined that they did not rise to the level of disqualifying misconduct and had no impact on the fairness of the trial. 

The State of Georgia's motion argues that, given the trial court’s comprehensive and fact-based findings, there is no basis for the appeal. They assert that the trial court's order, which declined to disqualify Willis or dismiss the indictment, should remain in effect. 

If the appeal is dismissed, it will reaffirm DA Willis's position in prosecuting the RICO case against Trump and his co-defendants, a case that has significant political and legal implications.

I can’t say how well founded this motion is, but the argument seems sound on its face. The Court of Appeals is bound by the fact finding of the trial court, absent some egregious error. (I speak in generalities.) In short, this looks like a strong offense is good defense in this appeal.

But what this tells me is that Trump is, again, wasting a great deal of money because he thinks he can win the election 🗳️ and make this all go away rather than go to trial. And that’s looking more and more like an untenable, and very expensive, bet.