Court precedent: Georgia prosecutor should have been banned from Trump case

August 31, 2023
World Net Daily

This story was originally published by the WND News Center.

Already the judge assigned to hear one of the Biden administration-orchestrated cases against President Donald Trump, Tanya S. Chutkan, has been revealed as having a family history in Jamaica of Marxist revolutionary tactics, when her grandfather actually was jailed.

Now another judge, Robert McBurney, who allowed prosecutor Fani Willis to go forward with a grand jury, has been revealed to have violated legal precedent in the case.

That's according to Hans von Spakovsky, a senior legal fellow at The Heritage Foundation and a former commissioner on the Federal Election Commission.

He's also a board member of the Public Interest Legal Foundation, and he explained in a column at The Daily Signal that the judge, McBurney, of Fulton County, Georgia, "failed to properly follow the precedent set by the state Supreme Court in allowing the county’s top prosecutor to go forward with a grand jury investigation of former President Donald Trump after disqualifying the prosecutor from part of the probe for misbehavior."

He previously wrote about the problems with the "spurious indictment" by Fani Willis, "the politically ambitious" district attorney.

But there's more.

It's because McBurney disqualified Willis from continuing "to target" then-state Sen. Burt Jones in her investigation.

That decision came because Willis had done a fundraiser for Jones' political opponent. Willis apparently was targeting him because he was one of the contingent electors who showed up at the state capitol on Dec. 1, 2020, to vote for Trump to "preserve a remedy for him if a court or the state legislature overturned the results" of the election.

Willis now claims three other "contingent electors" supposedly created "false" documents.

McBurney ordered Willis to leave Jones alone because she "hosted and headlined a fundraiser” for Charles Bailey, the Democratic candidate opposing Jones.

The judge said that was a "plain – and actual and untenable – conflict" since any decision Willis made about Jones "in connection with the grand jury is necessarily infected by it."

Von Spakovsky said McBurney's "quiet property disqualified Willis and her entire office from targeting Jones in any way."

But he noted that under a 2014 decision from the Georgia Supreme Court, McLaughlin v. Payne, "McBurney should have disqualified Willis and every prosecutor in her office from the entire grand jury investigation of Trump and all of the other codefendants who have been indicted, including the other contingent electors."

The precedential case involved a DA who was a witness for the state in a criminal case as his daughter was a classmate of the victim.

There, the court said the DA had "a personal interest in the case that disqualified him from participating in the prosecution of the case at all, not just serving as trial counsel." So, the court said, that applied to the DA's "entire office."

The commentary explained, "The fact that the district attorney was only one of multiple witnesses in the criminal prosecution did not remedy this conflict, and he and his entire office had to be disqualified from the prosecution."

Willis then assembled her grand jury to investigate "attempts to unlawfully alter the outcome of the 2020 election."

"The state Supreme Court’s McLaughlin decision explains that when a prosecutor is found to have a personal interest in a case that is grounds for disqualification, then that prosecutor and the prosecutor’s entire office are disqualified from the entirety of the proceedings. That personal interest—in fact, a partisan, political interest—is exactly what McBurney found when he disqualified Willis and the entire Fulton County District Attorney’s Office from targeting Burt Jones," von Spakovsky said. "But Willis and her office should have been disqualified from continuing the grand jury investigation as a whole, not just against one target."

She then created the cases against Trump and more than a dozen others, and she even referenced Jones in the indictment, accusing him of being "Unindicted Co-Conspirator Individual Number 8."

Von Spakovsky explained since Willis had a personal conflict of interest with one defendant, that "should have led to her disqualification – and all of the lawyers in her office – from the entire grand jury investigation."

He said it was McBurney who not only refused to reconsider his ruling but also refused to address the state court precedent.

"This issue should be reconsidered by the courts, especially in light of recently surfaced tweets by Willis questioning the outcome of past elections, including the 2018 midterm election and the 2020 presidential election. These are exactly the types of public postings that Willis cited in her grand jury indictment of Trump and 18 co-defendants. Apparently, they don’t get the same immunity she has granted herself to question the outcome of an election or to raise questions about the behavior of election officials," he said. "This shocking hypocrisy is just more evidence of Willis’ politically biased behavior."

WND previously reported that members of the Republican Party in Congress have notified Willis they want answers about her agenda.

The Federalist has reported it is GOP members of the House Judiciary Committee who wrote to Willis demanding answers.

"Your indictment and prosecution implicate substantial federal interests, and the circumstances surrounding your actions raise serious concerns about whether they are politically motivated," the letter warns.

"It is noteworthy that just four days before this indictment, you launched a new campaign fundraising website that highlighted your investigation into President Trump," they charge. "Additionally, the forewoman of the special grand jury you convened to investigate President Trump earlier this year bragged during an unusual media tour about her excitement at the prospect of subpoenaing President Trump and getting to swear him in."

Also, WND reported that Chutkan's grandfather, Frank Hill was a communist revolutionary in Jamaica who was jailed for a time, with his brother Ken, by the British governor during World War II because of suspicions of "subversive activities."

Frank Hill's daughter, Noelle Hill, is Chutkan’s mother, according to public records.

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