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In reply to the discussion: Judge rules Fani Willis can remain on the case. Gives her a choice. Either remove Nathan Wade from the case, or remove [View all]Sympthsical
(9,193 posts)30. Other salient passages from the ruling
Because the judge did find there is an appearance of a conflict and that had to be considered and remedied (the State had argued appearance wasn't an applicable standard).
Unlike an actual conflict, the finding of an appearance of
impropriety does not automatically demand disqualification. Our Supreme Court has previously
analyzed disqualification under an appearance standard in a civil case using a continuum,
recognizing that disqualification is not always the appropriate outcome
impropriety does not automatically demand disqualification. Our Supreme Court has previously
analyzed disqualification under an appearance standard in a civil case using a continuum,
recognizing that disqualification is not always the appropriate outcome
So this is where he decided to split the baby with his solution. It seems he pulled the Wade or Willis solution from a Georgia appellate case where, "to insure that no conflict of interest or the appearance of one might develop, the district attorney took the prudent step of ordering the investigator to take no part in the investigation or prosecution of the case.
Here's where the judge found there was an appearance of impropriety:
Even if the romantic relationship began after SADA
Wades initial contract in November 2021, the District Attorney chose to continue supervising and
paying Wade while maintaining such a relationship. She further allowed the regular and loose
exchange of money between them without any exact or verifiable measure of reconciliation. This
lack of a confirmed financial split creates the possibility and appearance that the District Attorney
benefited - albeit non-materially - from a contract whose award lay solely within her purview and
policing.
Wades initial contract in November 2021, the District Attorney chose to continue supervising and
paying Wade while maintaining such a relationship. She further allowed the regular and loose
exchange of money between them without any exact or verifiable measure of reconciliation. This
lack of a confirmed financial split creates the possibility and appearance that the District Attorney
benefited - albeit non-materially - from a contract whose award lay solely within her purview and
policing.
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Judge rules Fani Willis can remain on the case. Gives her a choice. Either remove Nathan Wade from the case, or remove [View all]
JohnSJ
Mar 15
OP
So I take it Nathan will be gone, right? Sounds like a good and fair decision to me. n/t
SheilaAnn
Mar 15
#1
You are INCORRECT. This is under Breaking News on MSNBC. There is no projection going on here. Trump Ga case can
JohnSJ
Mar 15
#11
Just saw it. No need for an apology. The legal analyst is still interpreting the decision as critical of Willis, and
JohnSJ
Mar 15
#14
No, this is NOT an opinion, they are talking about the ruling now on MSNBC. It is under Breaking News on MSNBC
JohnSJ
Mar 15
#5
Never mind... My SO had rewound the segment a few minutes to catch a prior segment. Sorry.
hlthe2b
Mar 15
#7
I want to believe that your Republican folks decision will be the decision of lots of republicans at this point. But I
CTyankee
Mar 15
#62
Actually she could remove herself and remove Wade, and have the case taken over by another district attorney. In that
JohnSJ
Mar 15
#28
Like I said yesterday, i wouldn't want to be in their shoes. I read something somewhere once about a woman scorned...
padah513
Mar 15
#25
This is still bullsh*t. Now prosecutors private lives are more important than the law.
sinkingfeeling
Mar 15
#33
Not at all. The jusge isn't saying who Willis can be a sexual/amorous partner with...
SYFROYH
Mar 15
#64
In other breaking news: Clarence Thomas must divorce Ginni to avoid any future appearance of impropriety.
sop
Mar 15
#53