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CNN Legal Analyst Says Fani Willis May Be Removed From Georgia Case Against Trump

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OPINION: This article may contain commentary which reflects the author's opinion.


CNN legal analyst Elie Honig had given some devastating news to the prosecutor who, it appears, intends to charge former President Donald Trump with possible racketeering in Georgia.

On Friday the legal analyst gave his opinion during a segment on CNN in which he said District Attorney Fani Willis has intermixed her own politics with the case against Trump and it could see her removed from the case.

“Willis has a really impressive and distinguished history as a prosecutor. She has prosecuted all sorts of cases. She has done, by and large, a very good job.” He said before criticizing her.

“But I have to point out she has intermixed her own political fortunes with this case in a way that I think is going to backfire because significantly against her,” the analyst said.

“First of all, she’s already been thrown off a piece of this case because she’s subpoenaed. Hosted a fundraiser for his Democratic opponent. The judge threw off that part of the case and said, quote, What were you thinking? Second of all, she’s used her own subpoenas in this case,” he said.

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“She’s subpoenaed Lindsey Graham. Then she recirculated a cartoon, a political cartoon, making fun of Lindsey Graham as part of a political fundraising effort. She’s also made inappropriate public statements giving her opinion that this is a criminal case when the grand jury has not voted on yet on that yet she gave her opinion about Donald Trump’s criminal state of mind. All of this is bad form by a prosecutor. She absolutely does know better. And it’s going to be a problem for her when this case comes to fruition,” the analyst said.

“Legally, here is what happens. She’s already been removed from a piece of the case because of a political conflict of interest that she created. And when this goes into the courts, count on Donald Trump arguing that she is improperly mixed her own politics in there and needs to be removed from the case. I know that’s been rejected, but that’s only because it was prematurely made once the case is brought. They will argue that she has a conflict of interest and they’ll argue for prosecutorial misconduct and selective prosecution. I don’t know if those arguments will succeed, but she’s created this problems for herself,” he said.

On Tuesday Honing weighed in on what the judge said in his decision to not disqualify DA Fani Willis from the case.

Some believe that Fulton County Superior Court Judge Robert McBurney went beyond his role in criticizing the former president for politicizing the indictment against him and Honig was one of them.

“Judge Robert McBurney, he wrote something really interesting that ties to the point that that that Phil and Errol are making. And he said he talked about Trump’s efforts to capitalize on these legal woes. And he said, and for some, quote, ‘being the subject of a criminal investigation, can a la Rumplestiltskin be turned into a golden political capital, making it seem more providential than problematic.’ That was striking,” CNN anchor Poppy Harlow said.

“Yes. So that motion was procedurally and legally flawed, I think. I think I gave it a 0% chance of success on this show, which I don’t often do. Thankfully, that turned out to be correct,” Honig responded.

“But I’m going to differ with the judge. I’m going to take issue with that statement by the judge. There’s nothing illegal about politicizing an indictment! You’re actually allowed to do that. You’re allowed to fundraise off of ‘I’ve been indicted and this is unjust,’” he said.

“He’s not saying it’s illegal, but he’s pointing it out. That’s what was notable,” Harlow said.

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But then Honig mentioned what DA Willis did that is ‘ethically questionable.”

“He should not be the police of manners here. The judge should be worried about the law and conflict of interest. In fact, finally, Willis has fundraised, the DA off of this case. That is ethically questionable,” he said.

“When she was running,” the anchor said.

“Yes, she has used subpoenas in this case to say, ‘Hey, everyone, I just subpoenaed Lindsey Graham, a Republican senator, donate to me,’” Honig said.

“I think that’s an ethical problem. Donald Trump doing what he’s doing is distasteful, is perhaps manipulative, as Errol and Phil pointed out, of people who are donating to him, who don’t quite realize this money is not going for yard signs. It’s going for lawyers to make sure people don’t flip, but it’s not illegal. And I actually think it’s beyond the judge’s province to get into that,” he sa

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