Yves here. It is a sign of how deeply partisan news reporting has become, above all in matters Trump, that I feel compelled to point a few things out, as unpopular as that might be in some circles.

First, even Trump has due process rights. Fights over procedure, which can include getting seemingly strained arguments heard, are part and parcel for litigation. If you want a graduate course in motions pleading, have a look at our many posts on the Kentucky Retirement Systems case. It was filed year-end 2017 and still has not gotten to discovery (even though the trial court judge has recently cleared what looked like the last big hurdle, the defendants are trying to make an interlocutory appeal). Even in the tiny litigations I have sadly been party to, motions that lead to delay, whether delay is the intended effect or an unwanted by-product, are pervasive and thus are hard to see as unusual or irregular.

Second, the reason for the upset is that the appeals court has set a hearing date on the Trump action versus the continued role of Fani Willis as Fulton County prosecutor in his case for October. If the appeals court looked to be deliberately giving Trump a slot late relative to its current docketing, that would be legitimate grounds for considerable criticism. However, there is no indication in the account below that the court has set the hearing later than one would expect in the normal course of events.

And why the uproar? That this outcome has thrown a wrench in the political timing, of getting the case heard sooner. That is presumably for the two political motives we saw in action in the New York criminal case that Trump just lost: to keep his butt in a seat in court so he could not campaign, and hopefully to secure a victory that would dim his re-election chances.

Has no one heard the saying, “The wheels of justice grind slowly, but they grind exceedingly fine”? Did they miss the “slowly” part?

Third, I am not enthusiastic about defenses of Willis. She failed to make the required disclosures of the gifts from her boyfriend. In the better-run state of California, at CalPERS alone, failure to make those disclosures is believed to have played a role in the recent departure of Chief Investment Officer Nichole Musicco and scandal for board member Theresa Taylor (who sadly stared it down despite having a background that would make it seem vanishingly unlikely that her oversight was an accident). Even though the disclosure lapse was not the basis for Trump action1, it is serious misconduct.

And as for allegations of unseemly behavior, since when does the White House get involved in state prosecutions? From Fox News:

….embedded in the filing [by a Trump-co-defendant] are invoices for the Law Offices of Nathan J. Wade [Willis’ former co-counsel on the case]. One invoice calls attention to “Fulton County District Attorney’s Office.”

Wade billed the county for a May 23, 2022, event described as “Travel to Athens; Conf with White House Counsel.” Wade charged $2,000 for eight hours at $250 an hour.

Several months later, Wade billed for “Interview with DC/White House” on Nov. 18, 2022. Wade again charged $2,000 for eight hours at $250 an hour, according to the documents.

There is no ‘splaining this away. Either Wade defrauded Fulton County by billing for meetings that never took place, or White House lawyers were meaningfully assisting in this case.

It is deeply saddening to see that coverage of these Trump cases is so wildly partisan, and attempts to counter that are too often demonized on tribal grounds.

By Brett Wilkins. Originally published at Common Dreams

The Georgia Court of Appeals on Wednesday paused proceedings in the election interference case against former U.S. President Donald Trump and other defendants until an appellate panel determines whether the prosecuting district attorney should be disqualified for an alleged conflict of interest.

In a one-page ruling, the court stayed the trial pending the resolution of an appeal by Trump and some of his co-defendants asserting that Fulton County District Attorney Fani Willis, a Democrat, should be removed because of her romantic relationship with Nathan Wade, whom she appointed special prosecutor for the case.

Fulton County Superior Court Judge Scott McAfee ruled in March that Willis could remain on the case if Wade resigned, which he did. Willis maintains there was nothing improper about their relationship.

The appellate court’s stay means that McAfee will have to delay a decision on a motion filed by Trump’s legal team arguing he should have executive immunity from prosecution. The right-wing U.S. Supreme Court—three of whose members were appointed by Trump—is expected to rule on the immunity issue in the coming weeks.


The case revolves around Trump’s attempt to overturn President Joe Biden’s 2020 victory in Georgia. Trump made a January 2, 2021 phone call in which he pressured Georgia Secretary of State Brad Raffensperger, a Republican, to “find 11,780 votes” in his favor, prompting Willis’ investigation.

Willis charged Trump with 13 criminal counts for alleged violations of Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act related to his participation in a sprawling “criminal enterprise” aimed at overturning the election. A total of 19 people were initially charged; four co-defendants have pleaded guilty and have received punishments including fines, probation, and having to publicly apologize. They also agreed to cooperate with prosecutors.

According toThe Hill:

Oral arguments are tentatively scheduled for October, meaning the case likely will not proceed to trial until after the presidential election, where Trump is the Republican Party’s presumptive nominee and is hoping to retake the White House and grind his cases to a halt. A trial date had not yet been selected.

The Georgia case is one of three federal and state criminal proceedings against Trump related to efforts to subvert the 2020 election and alleged mishandling of classified documents. Last month, Trump was convicted on 34 felony counts of falsifying business records related to hush money payments during the 2016 campaign to cover up alleged affairs.

Reacting to the stay, liberal lawyer and comedian Dean Obeidallah said on social media that “no one should be surprised that the GOP Supreme Court, Trump-owned Judge Aileen Cannon, or the GOP Georgia Court of Appeals are helping Trump.”

“They are all Republicans and they are protecting their presidential nominee,” he added. “This is what judicial corruption looks like!”

_____

1 I suspect because he lacked standing to make it a cause of action; presumably only the relevant government body could have taken it up.

This entry was posted in Legal, Media watch, Politics on by Yves Smith.