And she shall from now on remembered for creating FANNYGATE, the grift that keeps on grifting.
Posted on 09/19/2023 7:54:45 PM PDT by george76
A legal expert is warning that Fulton County, Ga., District Attorney Fani Willis could be walking into a “trap” regarding an appeal to have a case moved out of her jurisdiction and into a federal court.
The warning comes after former White House Chief of Staff Mark Meadows’ first attempt to get his charges by Willis removed to federal court failed, leading him to file an appeal with the 11th Circuit Court, which is now asking for a brief from Willis regarding her opinion on whether federal officials, generally speaking, are eligible for such immunity of the kind being sought by Meadows, a former GOP congressman from North Carolina.
Georgia State Law professor Anthony Michael Kreis says that even if Willis wins the review, it will be shortlived and meaningless.
“I think this is a trap that Fani Willis should not walk into,” Kreis wrote on the X platform. “The consensus has generally been (and I think correct) that the current status of the defendant does not matter but what does matter is whether the acts that undergird the legal action are related to official duties.”
...
“Willis should shut this down despite it maybe giving Meadows a defeat,” continued Kreis. “First, it is a nasty kind of textualism that conservatives like and liberals should reject. Second, it introduces more unnecessary confusion and opens the door to a greater likelihood of Supreme Court review. Third, it makes little theoretical sense. If the idea of removal is to provide a neutral venue to persons employed by the gov’t or empowered by federal law from vindictive actions in state court, then the D’s current status is irrelevant. It’s about protecting federal integrity.”
Concluded Kreis: “Willis should politely decline the invitation to derail litigation and upend the removal statute.”
...
Another attorney and legal commentator, Bradley Moss, noted in response, “I concur.”
Former President Donald Trump is also likely to try and remove his case to federal court, according to reports, and some legal analysts believe he’s got a good shot at doing so.
Trump has been charged with 18 others on allegations they colluded to overturn the election results in Georgia, but his legal team is expected to try and get his case moved out of state court and to a federal court, where attorneys are then likely to seek dismissal of the charges under the guise that Trump is immune as he was acting in an official capacity.
CNN legal analyst Elie Honig warned that one main fault with the indictment is that Trump and many of his allies can try to move the trial, which would take the case out of the heavily liberal county in Georgia, though former Trump White House Chief of Staff Mark Meadows’ attempt last week was unsuccessful.
“The other big issue – and we just said this word – is removal. Get ready for a lot of talk about removal. Mark Meadows is already trying to do this. Donald Trump will try to follow. In a nutshell, what this means is, if a federal official gets charged with a state crime that relates to that federal official’s official job duties, you can get the case removed.”
Honig argued that such duties must be “within the legitimate scope of those jobs,” adding that is “an important qualification. He [Trump and others] can get the case moved over to federal court and then potentially dismissed. So, these are really important motions. Mark Meadows has already done this, Trump is sure to follow.”
“The hard part [is] it’s a lot of work. You’re not going to be able to try all 19 at once. That’s not going to happen. And you just never know how every one of these defendants, let’s put aside Trump. Every one of these defendants, even the people we heard of, is going to mount a furious defense, as is their right to do,” Honig said.
“They all work together as one cohesive entity towards an illegal end,” Honig said. “You have the advantage to pick off some low-hanging fruit and get them to flip.”
All are a bunch of lawyers dancing on the head of a pin. Who cares how many legal experts fret and worry?
The indictments are a POLITICAL, not a legal move.
THAT’S the real issue.
NONE of these cases are legal. They’re all political lawfare and aim to keep Trump from campaigning and/or winning.
DA Willis is an affirmative action political hack who cares nothing about ethics, justice or the law. She’s a disgrace to the legal profession and that’s going some,
This is a case at all only because it is a RICO charge. Fani needs all the defendants to be tried together to show that it was a conspiracy by 18 people. But 18 people and their lawyers are not going to all agree to be tried in the same court and on the same day. For Fani this will be like herding cats. And if Trump gets his case moved out of Atlanta and then dismissed, what is she going to do with the other 17 people?
I think this case is just a huge house of cards about to collapse.
Spoken like a true representative of a corrupt banana republic.
It seems Fani Willis is playing Mohamed Atta to the Deep State’s Osama Bin Laden
Big Fanny is primarily interested in maintaining the illusion of having a legitimate case against Trump et.al. through the election to influence voters nationwide while giving Democratic candidates talking points. She knows that a Rico charge will draw things out for that long. And, it will bleed the defendants financially with legal fees prompting some to possibly plead guilty adding a small measure of credibility to her stunt. If she’s overturned on appeal or removal she can claim a “fix”. It’s all about the eection.
Democrats love “Step One”
It’s “Step Two” that brings reality back home
This legal analyst IS arguing that if given the opportunity, the leftist Atlanta jury is likely to deliver a biased verdict.
p
The conspiracy to overturn the election succeeded and those accused were actually working against it being overturned.
And she shall from now on remembered for creating FANNYGATE, the grift that keeps on grifting.
The cannibal Willis is taking orders from the Golden Calf puppet masters. So who is the homosexual Kreis taking orders from? /spit
Now let me get this correctly, a Federal Court is asking a county DA their opinion on a Federal Law…. 🧐🧐🧐… as a non lawyer WTF!
textualism
\/
textualism ?
Oh look, another euphamism to give the progs licence to redefine all language and reality to allow them to commit and crime and tyranny or abimunatiin their little evil perv hearts desire.
Not
Surprised.
another euphamism to give the progs licence to redefine all language and reality to allow them to commit any. crime and tyranny or abomination their little evil perv hearts desire.
Willis ego will be her downfall.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.