Former federal and state prosecutor Glenn Kirschner said Thursday he believes the challenge to Fani Willis' prosecution of former President Donald Trump could very well fail after the Fulton County District Attorney filed a motion to dismiss.
Kirschner argued on his "Justice Matters" YouTube channel that a motion demanding Willis be removed from the Georgia election racketeering case is "not supported by the actual evidence they provided."
At issue is the claim that Willis' admitted relationship with special prosecutor Nathan Wade, now recused from the case, created a conflict of interest in Trump's case.
Superior Court Judge Scott McAfee found in March that no such conflict of interest existed and Willis could move forward with the trial. Trump's team sought an appeal, and McAfee granted the request.
Willis filed on Wednesday her own motion to dismiss the appeal.
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On Thursday, Kirschner explained Willis' argument.
"Only a trial court judge can make credibility determinations regarding the witnesses that testify in the motions hearing before the trial court judge because only that judge is in a position to assess the demeanor and the mannerisms and the way the witnesses communicate and reach all important decisions about who is credible and who's not," Kirschner said, summarizing Willis' argument.
"And Judge McAfee did that and expressly included some of his credibility determinations in his findings."
The second argument, as Kirschner explains it, is that findings of fact made by the trial judge cannot be "disturbed."
"But all findings of fact made by the trial court judge are 'not to be disturbed on appeal' whether or not an appellate court reading the cold transcript agrees or disagrees with the judge's findings of fact," he said.
"Judge McAfee ruled there is no conflict of interest," he said. "Those facts...are completely supported by the evidence."
Kirshhner said he found Willis' argument compelling and legally sound, and argued an appeal should never have been granted.
"There's no legal issue left," Kirshner said. "It shouldn't even have been granted in the first part."
He then issued a request to the Georgia courts weighing the arguments and word of optimism for Willis' odds.
"Let's get this justice show on the road," he said. "Sometimes Hail Mary passes are caught."
See his other comments in the video below or at the link here.
DA Fani Willis Files Motion to Get Trump's Georgia State RICO Case Back on the Trial Trackwww.youtube.com
