Fulton County District Attorney Fonny Willis has decided not to recuse herself from the election subversion case against Donald Trump, according to inside sources. This decision comes despite recent scrutiny surrounding her alleged affair with the lead prosecutor that she appointed. Willis is reportedly concerned that stepping down could potentially end or significantly delay the case.
However, the question of whether the case would indeed come to a halt or experience considerable delays if Willis were to recuse herself remains open. Last year, when Willis recused herself from another case, it has not been picked up by any other prosecutor, potentially indicating that the absence of an alternative prosecutor could effectively terminate the investigation. At the very least, it is likely to cause substantial delays.
A hearing concerning the matter has been scheduled in two weeks, and Willis is expected to participate at some level. Judge Scott McAfee, who is overseeing the case, is likely to seek answers regarding any conflicts that may have affected the case. Specifically, he will likely inquire about the potential impact of the alleged inappropriate relationship between Willis and the lead prosecutor. McAfee may want to know if the investigation was prolonged or if additional charges were added solely to allow the duo to continue working together.
The written response from Willis, due tomorrow, will provide insight into the groundwork for McAfee's inquiries. However, it is crucial to note that the mere existence of an affair does not automatically jeopardize the prosecution. While it may violate certain human resources rules, it would only lead to Willis being removed from the case if it can be proven that the affair influenced the investigation in some capacity.
Ambassador Norm Eisen has called for Willis to step aside, suggesting that it would be possible to ensure continuity in the prosecution. However, under the current rules, if Willis were to recuse herself, her entire office would be removed from the case. In such a scenario, a commission would attempt to appoint another prosecutor's office to take over, but the process could be time-consuming and may deter other prosecutors in Georgia from accepting the case. Consequently, if Willis were to step aside, it could effectively bring the case to a close.
If Willis remains on the case after February 15th, Trump's lawyers and other parties involved may attempt to exploit the alleged situation concerning her affair. While it would not be admissible as a legitimate argument within the courtroom, it could create a distraction and potentially poison the public opinion of Willis. This could have an indirect impact on the jury pool, as everyday citizens who will determine the final verdict may be influenced by the scandal if it gains significant attention in the media.
Although the affair cannot be raised as an argument during the trial itself, the potential for its impact lies outside the courtroom, where public perception and sentiment may sway.