Fulton County District Attorney Fani Willis is currently under fire for appointing her former lover, Nathan Wade, as chief prosecutor in the RICO prosecution of Donald Trump and his associates, and a nationally recognized constitutional expert said that is not the only major misconduct. The expert, who preferred not to be identified, said there are five other instances of improper behavior by Willis.
The first instance was so egregious that it may have undermined the entire grounds for the prosecution, the expert said. The prosecution arose from a phone call between Trump, his associates, and Georgia officials discussing what to do about illegal activity in Georgia during the 2020 election. The call was recorded by a deputy secretary of state under Georgia Secretary of State Brad Raffensperger, who was in Florida at the time. Unlike Georgia, where only one party on a phone call needs to know it is being recorded, Florida has a multi-party consent law for recording phone conversations, which means all parties on the call must know about the recording and agree to it. None of the exceptions applied, such as law enforcement or where there is no reasonable expectation of privacy.
Willis used that phone call to convene a grand jury and obtain the 19 indictments of Trump and his associates. The expert said it was the sole evidence she used to obtain the indictment. Since it was tainted, known in law as the “fruit of the poisonous tree,” usually an entire indictment is required to be thrown out.
Second, the expert said “Willis hired a Democratic operative who used his expertise to screen the jury pool.” Willis hired Jeff DiSantis as Fulton County’s deputy district attorney, even though his background wasn’t in prosecution. DiSantis previously served as the former executive director of the Democratic Party of Georgia, deputy director of Compliance for the Democratic National Committee, and technology director doing data analysis for 20/20 Insight.
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