Fulton County Judge Scott McAfee on Thursday dismissed two counts against former President Donald Trump in Fulton County District Attorney Fani Willis’s election case.
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Alan Dershowitz Commentary: Fani Willis Must Still Be Disqualified
Just as predicted, Judge Scott McAfee tried to cut the baby in half, but the baby died, because his split-the-difference opinion makes absolutely no sense legally or factually.
It is obvious that Judge McAfee started his decision-making process by deciding the result he wanted: disqualifying special prosecutor Nathan Wade, but retaining Fulton County District Attorney Fani Willis and her entire office. In order to reach that bizarre result, he had to rely on the testimony of Willis, which he knew was totally untruthful.
Read MoreAlan Dershowitz Commentary: Who Will Prosecute the Prosecutors?
If Fulton County District Attorney Fani Willis were prosecuting citizen Fani Willis and her former boyfriend Nathan Wade for perjury, conspiracy and obstruction of justice, she would have an extremely strong case. The evidence of perjury is overwhelming; many individuals have been convicted on far less evidence.
Recall that Willis and Wade testified under oath to the material fact that Willis did not hire Wade as special prosecutor while they were having a romantic relationship. They both testified that the romantic relationship began after the hiring decision was made. If that was a deliberate lie, it satisfies all the elements of perjury.
Read MoreJudge Overseeing Trump’s Georgia Case Donated to Fani Willis Campaign Prior to Appointment
Fulton County Superior Court Judge Scott McAfee, who is overseeing the case against former President Donald Trump, made a small donation of $150 to Fulton County District Attorney Fani Willis’ campaign prior to his appointment.
Read MoreCommentary: Lawfare Against Trump Is Running Out of Gas
We should dispense with the tired narrative that four conscientious state and federal prosecutors — independently and without contact with the Biden White House or the radical Democrats in Congress — all came to the same disinterested conclusions that Donald Trump should be indicted for various crimes and put on trial during the campaign season of 2024.
The prosecutors began accelerating their indictments only once Trump started to lead incumbent Joe Biden by sizable margins in head-to-head polls. Moreover, had Trump not run for the presidency, or had he been of the same party as most of the four prosecutors, he would have never been indicted by any of them.
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