- Special Prosecutor Nathan Wade and Fulton County District Attorney Fani Willis found that Judge Scott McAfee lied under oath based on phone records included in court filings. , could lead to disbarment and prosecution, legal experts told the Daily Caller News Foundation on Friday.
- “A judge may find that the state's testimony is not true and that the state's conduct in defending against disqualification is a unique basis for revoking it,” said Atlanta-based defense attorney Andrew Fleischman. he told DCNF.
- Richard Painter, who served as chief White House ethics lawyer in the George W. Bush administration, said a district attorney who lied under oath “should not try” any case in court.
Special Prosecutor Nathan Wade's cell phone data exposed him and Fulton County District Attorney Fani Willis to lies on the witness stand, more serious consequences than disqualification from the case against former President Donald Trump. Legal experts told the Daily Caller News Foundation that this is a possibility.
Phone records included in the phone records filed by Trump's lawyers in court on Friday appear to contradict Wade's testimony that he visited Willis' apartment less than 10 times, and that “at least 35 It is shown that his cell phone was left in her neighborhood for an extended period of time. It undermines Willis' claim that she never spent the night. Legal experts told the DCNF that Willis and Wade could be prosecuted and disbarred if found to have lied under oath.
The data revealed “more than 2,000 voice calls and just under 12,000 text messages” between the two in 2021, and claims the data began in 2022, after Wade's contract began. It also casts further doubt on the timeline of their relationship.
“Cellphone location data, as well as vast numbers of text messages and phone calls, indicate close personal relationships prior to 2022,” Atlanta-based defense attorney Andrew Fleischman told DCNF. “This is strong circumstantial evidence.” (Related: Phone records appear to contradict key elements of Fani Willis testimony)
“A judge may find that the state's testimony is untrue and that the state's conduct in the defense to disqualification is an independent basis for disqualification,” Fleischman said.
…If the court believes Willis and Wade lied on the stand, he could refer the matter for possible prosecution by another firm. I might also consider introducing them to a bar. Once again, Willis and Wade's insistence on staying on the case is troubling…
— Jonathan Turley (@JonathanTurley) February 23, 2024
A longtime friend of Willis's testified at last week's hearing that their relationship began in 2019.
“Prosecutors are rarely sanctioned for misconduct in Georgia,” Fleischman said. He noted that if they were found to have lied, there could be “significant political pressure with real consequences,” including a possible investigation by the Georgia House of Representatives and the Fulton County Commissioners. It pointed to suggestions that the company may be investigating financial wrongdoing.
Phillip Holloway, an Atlanta-based defense attorney and legal analyst, said phone records showed Judge Scott McAfee could not understand Wade and Willis's entire testimony, particularly their claim that she repaid him in cash for vacation expenses. He said that there is a possibility that he may be forced to have doubts.
“There's really no way to prove or disprove that,” he told DCNF. “So, if their testimony about the day the affair began is a lie, the judge has every right to disbelieve all of their testimony. This proves that he was personally wealthy because he paid his salary.
If their testimony turns out to be false, the judge “will have no choice but to take some action,” Holloway said. This could include holding them in contempt, referring them to state court for disciplinary proceedings, or referring them to another prosecutor's office for possible charges.
of penalty Felony perjury in Georgia is punishable by a fine of up to $1,000 or imprisonment of up to 10 years.
Nathan Wade and Fani Willis testified last week that they never stayed overnight in the Hapeville condo. But Wade's phone data included in today's court filings appears otherwise.
Wade's cell phone remained overnight near Willis' residence twice in 2021. pic.twitter.com/bUsDuzXStj
— Katelyn Richardson (@katesrichardson) February 23, 2024
Richard Painter, former White House chief ethics lawyer in the George W. Bush administration, told DCNF that a district attorney who lied under oath “should not try” any case in court.
“If the data suggests that sworn testimony submitted to court may be false, judges will need to take that evidence very seriously,” he said.
Jonathan Turley, Professor of Law, George Washington University I have written Regarding X, he said, “The potential for fraud and conflicts of interest is clearly increasing.”
“If the court believes that Willis and Wade lied on the stand, the court may refer the matter for possible prosecution by another firm,” Turley wrote. “He might also consider introducing you to a bar.”
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