It would appear that Fulton County DA Fani Willis has walked into a trap.
Her mistake could result in her entire RICO case getting tossed out.
Legal experts are in panic mode right now over her apparent blunder.
Oops
When Mark Meadows filed for separation, he kicked open a door that many will likely follow.
His appeal is currently working its way through the courts, now before the 11th Circuit Court of Appeals.
Legal experts are worried that any win in this case now by Willis will only be temporary.
Furthermore, it could result in the Meadows and Trump cases, among others, being kicked.
Georgia State Law professor Anthony Michael Kreis explained on Twitter why he thinks she screwed up.
In part, he posted, “I think this is a trap that Fani Willis should not walk into.
“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.”
I think this is a trap that Fani Willis should not walk into. 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. https://t.co/ySY8gPsukp
— Anthony Michael Kreis (@AnthonyMKreis) September 12, 2023
Third, it makes little theoretical sense. If the idea of removal is the 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.
— Anthony Michael Kreis (@AnthonyMKreis) September 12, 2023
I have seen several other legal experts comment on the post that they agree with Kreis.
CNN legal analyst Elie Honig explained further, stating, “The other big issue – and we just said this word – is removal.
“Get ready for a lot of talk about removal.
“Mark Meadows is already trying to do this. Donald Trump will try to follow. In a nutshell, what this means is, if a federal official gets charged with a state crime that relates to that federal official’s official job duties, you can get the case removed.”
If Meadows’ case gets kicked, that means there is a very good chance that Trump’s case will also get kicked.
And without those two, Willis is cooked.