Friday, February 23, 2024

TWIT: Justice Delayed

credit: D. Whamond, Cagle.com

Update: DA Willis has forcibly fired back against the proposed evidence of cell phone communications, seeking to exclude the information from the record on the grounds that the evidence does not conform with the Judge's standing order for introduction of evidence, and that the records do not meet the Daubert standard for scientific reliability.  The defense also admits that Mittelstadt does not qualify as an expert in order to offer opinion testimony.  

Willis argues in her response that the type of cell phone data presented does not pinpoint a cell phone's location.  The fact is that hundreds of businesses and residences are located within the range of a particular cell phone tower.  Willis also presented calendar evidence to show she was not at her Hapville residence when Wade was allegedly there according to the cell phone data. Further, Willis argues that the salacious allegations made against her and Nathan Wade are a cynical attempt to smear her reputation in public and further delay trial proceedings.  Judge McAfee made an error by hearing this irrelevant evidence in open court before determining whether it is admissible at all.  He has a chance to correct his error by excluding it altogether at a hearing on legal arguments scheduled for Friday.

{23.02.24}  Fulton County District Attorney Fani Willis may have a problem. The defense, using a discovery subpoena, has uncovered numerous phone records showing her in communication with her boyfriend  before she hired him to be a Special Counsel in her office.  The defense argument is that her relationship disqualifies her and her entire office from prosecuting Trumpilini.  Perhaps more importantly the evidence may contradict her sworn testimony that she did not have a sexual relationship until after he was already working for her.  Now, it is not necessarily unethical to hire a friend especially if that friend is qualified for the job, but possible perjury may be since the relevant standard for conflicts of interest is "an appearance of impropriety".

According to an Atlanta media outlet,  the defense hired Charles Mittelstadt, a private investigator, to track her activity on-line and over the phone.  He filed an affidavit saying Willis made over 2000 calls and 12,000 "interactions" in an eleven month period before Nathan Wade was hired.  Some of those calls occurred in close proximity to Willis' home. Willis and Wade do not deny a romantic entanglement, but both testified it began after he was working in her office.  The new evidence tends to corroborate a witness who owned the condo where Willis lived, and testified their relationship began before he was hired.  It is not clear how her relationship, before or after she hired Wade, conflicts with her duties as Fulton County District Attorney.  Two separate grand juries found probable cause that crimes were committed by Don Legit and his co-conspirators. Four guilty plea deals by co-conspirators have already been entered into the record. Defense attorneys have not shown a vested interest, financial or personal, in the outcome of the prosecution according to a Georgia legal authority.  However, the Fulton County Board of Ethics said it will hear two ethics complaints against Willis next month.  Either way Don Legit is winning the delay game, 3 to 1.

{23/02/2024} The pro-MAGA Supreme Court is taking its sweet time deciding whether the Ocher Menace had carte blanch to commit crimes while serving in the Room Without Corners.  Most legal observers think the case is a slam dunk for the Appellees, but in these days nothing is certain.  The former criminal-in-office is seeking a stay of the unanimous judgement of the DC Circuit Court of Appeals that made mincemeat of his arguments for blanket immunity,  The glaring fact is that such immunity is totally foreign to our constitutional republic of co-equal branches.  That does not stop the part-time sneaker salesman from propagating BS to his slavish fans who bleed dollars for him.  It is worse than a WWF Friday night smack- down.

Of course the leaderless, sane Repugnants are desperate for someone other than the chaos clown to lead them to victory in November.  But they are stuck with 'The Chosen One' because he has a base that denies reality.  They deserve him.  You have to give Trumpilini's lawyers credit, they do not give up on bad legal arguments.  

Defense counsel in the Mar-a-Lago espionage case are using the same bogus immunity argument to convince Trump minion Aileen Cannon to dismiss the case against their client.  For pity's sake, he was out of office when the indictment begins!  For some unknown reason--probably their client's insistence--they keep pushing the looser argument that because the Presidential Records Act allows a former President to keep his personal papers, Trump did nothing wrong in retaining classified material after leaving office.  That is a total twisting of what the federal law provides.  It is a federal crime to retain classified material outside of official duty, period.  Trump not only did that, but obstructed attempts by the federal government to recover the material from him.

credit: Bramhall, New York Daily News