Legal Experts Fret That DA Willis Walking Into ‘Trap’ Regarding Federal Appeal
A legal expert is warning that Fulton County, Georgia, District Attorney Fani Willis could be walking into a “trap” regarding an appeal to have a case moved out of her jurisdiction and into a federal court.
The warning comes after former White House Chief of Staff Mark Meadows’ first attempt to get his charges by Willis moved to federal court failed, leading him to file an appeal with the 11th Circuit Court, which is now asking for a brief from Willis regarding her opinion on whether federal officials, generally speaking, are eligible for such immunity of the kind being sought by Meadows, a former GOP congressman from North Carolina.
Georgia State Law professor Anthony Michael Kreis responded to the latest developments and argued that even if Willis wins the review, it will be short-lived and meaningless.
“I think this is a trap that Fani Willis should not walk into,” Kreis wrote on the X platform. “The consensus has generally been (and I think correct) that the current status of the defendant does not matter but what does matter is whether the acts that undergird the legal action are related to official duties.”
“Willis should shut this down despite it maybe giving Meadows a defeat,” continued Kreis. “First, it is a nasty kind of textualism that conservatives like and liberals should reject. Second, it introduces more unnecessary confusion and opens the door to a greater likelihood of Supreme Court review. Third, it makes little theoretical sense. If the idea of removal is to provide a neutral venue to persons employed by the gov’t or empowered by federal law from vindictive actions in state court, then the D’s current status is irrelevant. It’s about protecting federal integrity.”
He concluded: “Willis should politely decline the invitation to derail litigation and upend the removal statute.”
Meanwhile, Republican senators in Georgia filed a formal complaint against Willis, alleging that she “improperly cherry-picked cases to further her personal political agenda” in prosecuting Trump and 18 other defendants.
The complaint asks for her to be punished by a newly established commission, according to the Atlanta Journal-Constitution.
“The integrity of our justice system is at stake, and the trust of the community in the District Attorney’s Office has been severely eroded,” the publication reported the complaint as saying.
The commission essentially calls for strict oversight of attorneys suspected of pursuing their own personal agendas in court. They may be given a warning or even fired for their poor performance.
Republican Georgia Gov. Brian Kemp, who signed and supported the law, previously said that Willis’ actions against Trump did not warrant punishment and that the law was meant to rein in “far-left prosecutors” who are “making our communities less safe.”
On August 14, Trump and eighteen other defendants were charged with conspiring to steal the 2020 election.
Trump is charged with racketeering, solicitation of violation of oath by a public officer, conspiracy to commit impersonating a public officer, forgery, false statements, and filing false documents, among other crimes. Criminal charges were also brought against Trump’s ex-chief of staff Mark Meadows and his ex-attorney and former New York City mayor Rudy Giuliani.
While Trump isn’t specifically mentioned, the AJC did highlight a section of the complaint against Willis that alleged she was spending her time impaneling “a special grand jury to investigate her political adversaries.”
The AJC reports that ten prisoners in Fulton County’s custody have died in the past year.
“Her selective prosecution has resulted in dangerous, deadly, and unjust overcrowding and an unprecedented backlog of cases in the judicial system. These consequences are unacceptable and detrimental to our state,” reads the complaint, according to the AJC.
