The new Ga. legislation doesn't actually apply to Fani Willis indicting anyone

[bigtree]

...they passed a law that allows the creation of a committee that would recommend action against prosecutors who FAIL TO PROSECUTE, and for 'willful misconduct.'

It's been represented in debate as a remedy against district attorneys who have declined to enforce low-level drug offenses and other violations proponents believe went unaddressed. There's a legislative history to the effort that goes back several years. Nothing about the effort to establish the commission involved making prosecutors prosecute less.

from the AJC:

"The two bills Willis is objecting to were framed this year as a way to have state oversight of a group of locally elected District Attorneys who had run afoul of GOP lawmakers — either by refusing to prosecute laws the General Assembly had passed or by getting into trouble with the law themselves."

Of course, as Racheal Maddow warned in her report, Ga. republicans can't be trusted to pee straight. But this hysteria over the state of the Willis prosecutions is premature, if credible at all.

There's the very real possibility that Fani Willis will move to indict before the governor signs the bill, and before any commission is seated. But that shouldn't be the only thing standing in the way of Ga. republicans looking to undo her efforts.

The notion of them succeeding in twisting their impetus for more prosecutions, into a effort to block prosecutions, takes more than just hubris. It'll require a very public effort which openly obstructs justice in a case where the evidence of criminality isn't actually a secret.

That's not going to go as swimmingly as republicans (or folks gaslighted by Maddow tonight) might imagine. It will take more than a commission to stand in the way of two grand juries full of evidence of multiple crimes by multiple perps.

[UTUSN]

1. K&R for, *THANKS* for the clarification!

[RussBLib]

2. Thanks

The hand wringing was getting hysterical.

[roamer65]

3. Overstep by the GQP on this one is going to court.

I am betting the ACLU is watching very closely right now.

[wnylib]

4. You have more faith in Georgia Republicans than I do.

Last edited Tue Mar 7, 2023, 02:13 AM - Edit history (1)

The new bill to be signed by Kemp includes "misconduct" as grounds for removing a DA.

MTG has been accusing Willis of misconduct in carrying out a witch hunt against Trump while not prosecuting enough local criminal cases.

Maddow is not given to gaslighting.

[bigtree]

6. any 'misconduct' would clearly be obstructing what is widely seen as a legitimate prosecution

...really dodgy, even for a commission.

Normally that language means criminality, not political differences, especially in investigations.

I'd guess indictments would be rolling by that time, anyhow. It won't take long to get the SGJ's product to the new GJ.

[Silent3]

9. Republicans DO NOT CARE about "widely seen as a legitimate"

They are through with that. They do not care. Their rabid base will either believe their bullshit, or happily cheer them on for cheating to "own the libs", and that's all Republicans care about any more.

They are hoping to burn down the whole system that might hold them accountable before that system can lethargically move against them. It's far from certain that they can't pull that off.

[TheRealNorth]

10. Exactly

Misconduct will be what they say is misconduct.

[bigtree]

13. it'll ultimately be what the State Supreme Court says

...not just some wink and a nod between the commission and the governor.

Anyone attempting this will need to show the SC cause, not just Guiliani-style sophistry some people believe mean something in court.

[moondust]

5. After years of gerrymandering,

voter suppression laws, packing SCOTUS, weaponizing DOJ, a coup attempt, etc., it's pretty easy to assume the worst in whatever they do.

[yorkster]

15. Damn right. Great comment.

[Tetrachloride]

20. +1.

[Silent3]

7. If the only thing that could slow down firing Fani Willis were blatantly transparent obstruction...

...then it won't be slowed down at all. They'll fire Willis as fast as they can put their hand-picked committee together, with no concerns about appearances holding them back.

Look at the shit DeSantis is pulling in Florida. Republicans are through with worrying about how blatantly obvious their power grabs and corruption are. If they can move faster than the crowd bringing butter knives to machine gun fights, they will.

[bigtree]

11. they'll need more than machismo

...it'll have to go before the State Supreme Court first.

It's not just a pass from the commission to the governor. What cause would they claim in court against Willis under a law that's clearly intended to be used to oust pols for clear criminality?

The bills says a prosecutor can be disciplined or removed if they “categorically refuse to prosecute any offense or offenses of which he or she is required by law to prosecute.”

Really hard to see how they use that law to stop these prosecutions.

[Silent3]

12. They can toss her out for every pot possession case she didn't prosecute

They don't have to attack her for what they want to stop her from doing.

And I'll bet they can boot her out first, and let any attempt to challenge her firing be the thing that plays out in court for a long, long time.

[bigtree]

14. that won't happen in a blink of an eye

...and isn't likely to hold up anywhere, much less in the SC where they've long recognized that prosecutors have wide discretion in charging decisions.

I doubt the Ga. SC is interested in wading into state legislature politics. Besides, the commission won't get going until several months from now.

This is hyperbolic, and a bit defeatist to suppose such a cynical and contradictory effort would succeed to knock out the indictments reported. It would be clear obstruction and isn't likely to come in time to stop anything, at any rate.

I'm not in the habit of betting on republicans succeeding, and I don't take the view that their little schemes will amount to anything that can't be countered and defeated.

This one looks like amateur hour, much like all of their efforts to block accountability in Ga..

[ShazzieB]

25. Oh, these are good points!

I had just made a rather hysterical post in another thread right before I saw this one, because I was just sure that the main purpose of this legislation was to torpedo Willis' prosecution of Trump. What you say here is reassuring. I'm not yet 100% convinced that there's nothing to worry about on that score, but I do feel somewhat better.

Part of my problem is that I know basically nothing about the GA Supreme Court, its makeup or its track record. Do you feel they can be counted on to rule fairly when this case comes before them (as is bound to happen)? If so, I will feel a whole lot better!

[Stinky The Clown]

8. Rachel Maddow gaslighted, not Racheal Maddow

I saw her show tonight.

Please elucidate those of us who disagree with the gaslighting characterization.

[moniss]

16. The GQP will make up

lies about her and suggest misconduct/violations of the law even though there is not a shred of truth to it. That will be their basis. These people have no problem with spouting bald faced lies for any purpose at all. They build entire strategies around doing so.

[yaesu]

17. History shows us that the very thing Maddow talked about has and will happen

happen if we let our guard down. I'm with Maddow in believing it's all about keeping their fascist leader and their fascist asses out of jail.

[bigtree]

18. I don't light candles

...or cross my fingers thinking I need to be afraid and cowed everytime a republican does something ignorant.

I get my back up and fight. This one won't even break a sweat.

If it's even remotely considered, it's lame and self-owning. Not to mention that it's about as certain of success as the pillow guy was in defending Trump there.

[Cheezoholic]

19. No action can be taken until 7/1/24 anyway

While I do believe it's over reach (like GA's new election laws) they can't do anything for over another year according to what I read in the bill. If Willis waits that long she has no case. Gaslighting might be a little strong for her comments tonight, this has been brewing for awhile in the GA legislature, I think she could've spent a little more making the specifics a bit more clear. It fit with the main subject of her show tonight which was pointing out how authoritarians wrestle power from the judicial system to protect and propel their agenda. That specific piece was meant more as an awareness and warning aspect of her story I think but yes it could've been done better IMO.

[bigtree]

21. I just rewatched it

...and she lit viewers up without mentioning how much of a longshot it would be, even if there is to be some overt threat to the DA that emerges from this.

It's like here, for me. What's the point if you do the minimum not only to inform, but fail to present a defense for those who will fight? To me, that just invites the cynicism and apathy demonstrated by so many in response.

[PortTack]

22. Thx for posting...Bookmarking.

[Hamlette]

23. did Rachel explain this, or attempt to explain this?

I didn't see it. Thanks.

[angrychair]

24. You have a lot more faith in this system

Than I do. I fully expect Kemp to just straight up order her arrest before she can do anything. Claim corruption or whatever he wants.

Thats if she does anything at all which I'm not holding my breath on.

[pnwmom]

26. This might be overly optimistic. They might be planning to argue

that Willis is wasting too much of the prosecutor's office on this political prosecution of Trump, and NEGLECTING all the other crimes they think she should be focusing on instead.