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Who will guard against the corruption of some of America's guardians?
No one, apparently. Not in Georgia anyway.
Fulton County Superior Court Judge Scott McAfee, adjudicating over the state's election interference case against Donald Trump, has essentially let District Attorney Fani Willis off the hook.
Willis has been prosecuting the sprawling racketeering case against the former president and 18 other co-defendants. That was until proceedings were abruptly halted in early January when it was revealed that she had engaged in a secret romance with the special prosecutor she appointed for the trial.
After weeks of silence, Willis and her now-former lover Nathan Wade admitted to their 'personal relationship,' but insisted it began after November 2021, when Wade was hired.
In a dramatic role reversal, Willis and Wade both took the witness stand for two days of evidentiary hearings that delved deeply into their private lives.
It was revealed that Wade billed the Georgia taxpayer more than $728,000 in legal fees for his work on this case. And some of the money helped finance a lifestyle of vacations to Belize, California's Napa Valley and the Caribbean that he and Willis enjoyed together.
In the world of public service, this alleged offense is known as 'self-dealing' - the practice of exploiting one's position of authority to enrich oneself.
After weeks of silence, Willis and her now-former lover Nathan Wade admitted to their 'personal relationship,' but insisted it began before Wade was hired in November 2021.
Fulton County Superior Court Judge Scott McAfee, adjudicating over the state's election interference case against Donald Trump , has essentially let District Attorney Fani Willis off the hook.
Trump's defense attorneys claimed that their relationship created an untenable conflict of interest and grounds for the judge to disqualify Willis from the case.
Yet, on Friday, Judge McAfee somehow found a way to look the other way and deal public faith in American justice another sickening blow.
Logic, the law and morality be damned.
It's a decision that would make the wise King Solomon shudder.
For Judge McAfee has split the baby in half.
In a 23-page order, he found that Willis committed a 'tremendous lapse in judgment' and behaved in an 'unprofessional manner' for failing to disclose her romantic relationship with Wade.
Yet inexplicably, McAfee ruled that Willis would not be disqualified from the case.
He concluded that there was only an 'appearance of a conflict of interest,' and not enough evidence of a material 'conflict' to merit her dismissal.
McAfee gave Willis two options: either she and her office voluntarily withdraw from his case or Wade quits.
Big surprise - Wade stepped aside Friday afternoon.
Now, it may well be true that the Georgia case against Trump was not commenced for the sole purpose of making Willis and her lover rich. But that is hardly not the proper standard on which McAfee should have based his decision.
The evidence shows that both parties were enriched during their investigation. That is a clear conflict of interest and far more than a mere 'appearance'.
In fact, the real question is not if Willis should be barred from continuing her prosecution, but whether she should be investigated, indicted and convicted.
If DA Fani Willis were prosecuting citizen Fani Willis, she would surely have an extremely strong case.
In a dramatic role reversal, Willis and Wade both took the witness stand for two days of evidentiary hearings that delved deeply into their private lives.
Willis has been prosecuting the sprawling racketeering case against the former president and 18 other co-defendants.
Among the potential charges: perjury, conspiracy and obstruction of justice.
Willis testified under oath that her romantic relationship with Wade began in 2022 after he was appointed to join the case.
But Robin Bryant-Yeartie, a former friend and co-worker of Willis, testified that she had 'no doubt' Willis and Wade began dating in 2019.
Terrence Bradley, Wade's former law partner, corroborated that claim in text messages revealed to the court, even though he later claimed on the witness stand that he had 'no personal knowledge' of when their relationship began.
Perhaps, if that was the entirety of the proof, Willis should be believed.
It's not.
Cell phone records shows Wade was in the area of Willis' apartment in the middle of the night, not at a likely time for business meetings, on multiple instances in 2021, and notably before 2022 when Willis claimed their relationship began.
In one instance, cell phone pings indicated that Wade traveled from his home in the direction of Willis' home late one evening in September 2021 and remained in the area until 3:30 in the morning. He then sent Willis a text message at 4:20 a.m., according to an affidavit filed by Trump's attorneys.
There's also the allegation that Wade used his income as special prosecutor to pay for their exotic trips.
Terrence Bradley (above), Wade's former law partner, corroborated that claim in text messages revealed to the court, even though he later claimed on the witness stand that he had 'no personal knowledge' of when their relationship began.
Willis testified that she paid Wade back every penny for her half of the getaways he funded. But she has no proof of repayment – even though the burden of proof should be on her to show repayment.
Alan Dershowitz is a lawyer, Harvard Law School Professor and author of 'Get Trump: The Threat to Civil Liberties, Due Process, and Our Constitutional Rule of Law'
As a DA, Willis has a legal obligation to report any gifts she receives. She must have assumed that one day she may be asked to establish that Wade was reimbursed.
But there are no bank withdrawals or deposits, no handwritten notes, and no photographs of any reimbursements.
According to Willis and Wade, these repayments were made in cash.
No reasonable jury would believe this.
Yet here we are.
A judge has ruled that Fani Willis will not be disqualified from prosecuting a case against the presumptive Republican presidential candidate.
Trump and his co-defendants should seek an immediate review of this gross injustice by an appellate court.
Certainly, if the former President or any others are convicted, there will be grounds to seek those convictions be overturned.
But no matter the outcome, this prosecution has been irrevocably tainted – and the U.S. justice system sinks deeper into decay.