EXCLUSIVE: Ashleigh Merchant Responds to Fani Willis Accusations, Reacts to Ruling, and Previews What Happens Next | Ep. 748
In the latest installment of "The Megyn Kelly Show," Megyn Kelly sits down with defense attorney Ashleigh Merchant to delve into serious allegations against District Attorney Fani Willis. Merchant charges Willis with selective prosecution, influenced by political and racial bias, and further criticizes Willis for comments made during a church event, suggesting that divine guidance played a role in her decision-making process. Additionally, the episode unpacks the implications of Willis's personal relationship with prosecutor Nathan Wade, bringing to light extravagant trips and a potential conflict of interest that raises eyebrows amidst significant ongoing cases.
Ashleigh Merchant doesn't hold back as she discusses with Kelly the possibility of Willis's and Wade's involvement in perjury, campaign finance violations, and kickbacks. Their conversation covers the subsequent complaint filed by Phil Holloway with the State Bar of Georgia, spotlighting the gravity of such legal transgressions. The blurb paints a picture of a judicial scenario mired in controversy, with potential criminal charges on the horizon. The impact on the ongoing case is also questioned, as are the professionalism and future role of Willis in the proceedings, amidst calls for greater transparency to uphold the public's trust in the legal system.
This is a preview of the Shortform summary of the Mar 19, 2024 episode of the The Megyn Kelly Show
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1-Page Summary
Selective Prosecution
Defense attorney Ashleigh Merchant accuses District Attorney Fani Willis of political and racial bias in the prosecution. During a church event, Willis made remarks about being guided by God in her decision to prosecute, which Merchant views as inappropriate and potentially damaging to the fairness of the trial. Additionally, Merchant claims Willis's affair with prosecutor Nathan Wade, involving extravagant trips, raises a conflict of interest given Wade's role in significant cases under Willis.
Though the judge criticized Willis for her professional conduct, a lapse in judgment, and an "odor of mendacity," Willis received no punishment beyond a proposed gag order. The court also required Nathan Wade to resign owing to the conflict of interest, his resignation suggested by Merchant to even have deeper ethical implications.
Investigation into Misconduct
Merchant accuses DA Fani Willis and Nathan Wade of perjury, lying under oath during their testimonies to protect material facts in the case. Merchant, with Megyn Kelly, comments on the evasive nature of Wade's testimony and implies both parties are withholding crucial correspondence. Merchant is probing possible misconduct including perjury, campaign finance infringements, and kickbacks, while awaiting subpoenaed business records.
Further, a complaint against Willis, filed by Phil Holloway with the State Bar of Georgia, addresses Willis calling Merchant a liar in the courtroom and highlights the serious implications of perjury, potentially resulting in criminal charges or disbarment. Merchant also notes the possibility of racketeering charges, alluding to the misuse of a $10,000 taxpayer fund by Willis for a media monitoring company involving Wade.
The discussions suggest a need for state ethics boards to take up an investigation, with Merchant emphasizing the importance of such a review, though without direct mention of a formal call for it by her or the judge.
Impact on Case
The case faces delays, with at least a three-month postponement due to an evidentiary hearing, though it was not confirmed if the delay was directly connected to the hearing. Merchant and Megyn Kelly speculate on the improbability of Willis continuing to lead the case, with Merchant questioning Willis's long-term participation amid her two electoral challengers.
Merchant recounts an incident where Willis publicly accused her of racism, an accusation that Merchant strongly refutes as inconsistent with their past interactions and the support she's received from the community. The overall conduct of Willis and related issues raise concerns about the fairness and integrity of the legal proceedings, hinting at the possibility of diminishing public confidence in the prosecution’s impartiality. Phil Holloway stresses the importance of legal transparency to maintain public faith in judicial processes.
1-Page Summary
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Clarifications
- The accusations of political and racial bias, conflicts of interest, perjury, and potential misconduct could lead to legal consequences such as criminal charges, disbarment, or investigations by state ethics boards. These allegations could impact the fairness and integrity of the legal proceedings, potentially affecting public confidence in the judicial system. The involvement of high-profile figures like District Attorney Fani Willis and prosecutor Nathan Wade adds complexity to the situation, raising questions about the handling of the case and the individuals' professional conduct. The delays in the case and the ongoing controversies surrounding the key players may further complicate the legal proceedings and the public perception of the trial.
Counterarguments
- The remarks by Willis about being guided by God could be seen as a personal reflection on her moral compass rather than an indication of bias or inappropriateness.
- The relationship between Willis and Wade, while raising questions, may not have directly influenced the fairness of the legal proceedings if proper recusals and disclosures were made.
- The judge's criticism and the lack of severe punishment for Willis could indicate that, while her actions were questionable, they did not rise to the level of warranting more serious disciplinary actions.
- The requirement for Nathan Wade to resign could be a standard ethical procedure to prevent any appearance of impropriety, rather than an indication of deeper ethical issues.
- Accusations of perjury and withholding correspondence need to be substantiated with clear evidence before being accepted as valid criticisms.
- The complaint filed with the State Bar of Georgia is a formal process that allows for a thorough investigation, which could potentially exonerate Willis if the allegations are unfounded.
- The allegations of racketeering charges are serious and would require substantial evidence to support them; without such evidence, they remain unproven.
- Delays in legal cases can occur for a variety of reasons, not necessarily connected to misconduct or ethical lapses.
- Speculation about Willis's ability to continue leading the case is not a definitive assessment of her competence or the outcome of the case.
- The accusation of racism against Merchant by Willis could be based on a misunderstanding or specific context that is not fully explained in the text.
- Concerns about the fairness and integrity of legal proceedings are subjective and may not reflect the actual conduct of the trial or the parties involved.
- Emphasizing the importance of legal transparency is a general principle that does not necessarily imply wrongdoing in this specific case.
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Selective Prosecution
Defense attorney Ashleigh Merchant raises allegations of political and racial bias by District Attorney Fani Willis, and though the presiding judge criticized Willis's conduct, she was not removed from the case.
Defense attorney Ashleigh Merchant alleges political and racial bias by DA Fani Willis
Willis made inappropriate public comments about the case
Merchant expresses concerns about DA Fani Willis's public statements, particularly those made in a church, which she deems legally improper and potentially prejudicial to a fair trial. Willis's comments ostensibly about doing God's work and claims of divine instruction to prosecute Merchant's client were highlighted as examples of this impropriety.
Willis had an inappropriate relationship with prosecutor Nathan Wade
Merchant and Megyn Kelly suggest that Willis's public behavior, including statements made on a pulpit, indicates a quest for celebrity status that oversteps proper judicial bounds. Merchant alleges that Willis was having an affair with Nathan Wade and suggests their personal relationship, which included lavish vacations, posed a conflict of interest due to Wade's involvement in significant criminal cases that Willis oversaw.
Judge found issues with Willis's conduct but declined to remove her
The court found Willis's actions concerning, citing unprofessional behavior, a "tremendous lapse in judgment," an "odor of mendacity," and an apparent impropriety. Megyn Kelly and Phil Holloway discuss the implications of the judge' ...
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Selective Prosecution
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Clarifications
- Allegations of political and racial bias suggest that the defense attorney believes the District Attorney may be unfairly targeting their client based on political motivations or racial discrimination. These claims imply that the prosecutor's decisions and actions may be influenced by factors beyond the evidence or legal considerations. Such allegations can raise concerns about the fairness and impartiality of the legal proceedings. The defense attorney's assertions of bias could impact the public perception of the case and the trust in the criminal justice system.
- The District Attorney, Fani Willis, faced criticisms for allegedly making inappropriate public comments about a case, including statements made in a church that were deemed legally improper and potentially prejudicial. Additionally, concerns were raised about her relationship with prosecutor Nathan Wade, suggesting a conflict of interest due to their personal connection and lavish vacations together. The judge found Willis's conduct concerning, citing unprofessional behavior, a "tremendous lapse in judgment," and an "odor of mendacity," but ultimately did not remove her from the case. Nathan Wade was forced to resign due to a conflict of interest related to his relationship ...
Counterarguments
- DA Fani Willis's public comments could be interpreted as an effort to engage with the community and be transparent about her work, rather than an attempt to prejudice the trial.
- The relationship between Willis and Nathan Wade, while subject to scrutiny, may not have influenced legal proceedings or the handling of cases, and any allegations of impropriety would need to be substantiated by evidence.
- The judge's decision not to remove Willis from the case suggests that, despite criticisms, the judge may have believed she could still perform her duties without bias or that there was insufficient legal basis for removal.
- The criticism of Willis seeking celebrity status could be seen as a misinterpretation of her efforts to maintain a public profile that is common and often expected of elected officials.
- The term "odor of mendacity" is subjective and could be challenged as an unfair characterization without concrete evidence of dishonesty.
- The accusation of Willis funneling a no-bid contract to Nathan Wade would require thor ...
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Investigation into Misconduct
Ashleigh Merchant and Megyn Kelly analyze the conduct of DA Fani Willis and Nathan Wade, raising serious concerns about legal and ethical violations that may have taken place.
Merchant believes Willis and Wade lied under oath and committed perjury
Ashleigh Merchant asserts her belief that both DA Fani Willis and Nathan Wade lied under oath during their testimonies, suggesting that their motivation to lie was tied to a material fact in the case. In her conversation with Megyn Kelly, Merchant describes Wade's testimony as "incredible," detailing his long pauses and vague responses, which she believes indicated an attempt to avoid lying on the stand by deflecting and not answering questions directly. Merchant further speculates that there may be evidence of wrongdoing in text messages between Willis and Wade, which they refused to produce even for in-camera review. This perceived lack of transparency leads Merchant to imply that both Willis and Wade committed perjury.
Potential misconduct includes perjury, campaign finance violations, and kickbacks
Kelly highlights that Nathan Wade, being a lawyer and an officer of the court, has committed an especially egregious act by lying under oath. She emphasizes the gravity of perjury by a lawyer. Merchant is currently investigating potential misconduct and waiting for business records subpoenaed for an evidentiary hearing. She raises further concerns about Willis's handling of cash payments to Wade amid their relationship, pointing to possible financial misconduct related to campaign finance issues or kickbacks. Merchant also critiques the questionable use of $10,000 of taxpayer money by Willis's office to hire a media monitoring company and questions why public money was spent on Nathan Wade instead of hiring someone as a regular government employee.
Holloway has filed a substantive complaint with the State Bar of Georgia concerning Ms. Willis, highlighting her courtroom conduct when she called Ashley Merchant a liar. The bar complaint is detailed, specifying which professional rules of conduct Willis is alleged to have violated, and perjury is identified as a critical issue, having both criminal implications and the potential for disbar ...
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Investigation into Misconduct
Additional Materials
Clarifications
- Perjury is the act of lying or making false statements under oath, which is considered a serious offense in legal proceedings. Campaign finance violations involve breaking laws related to the funding of political campaigns, such as exceeding contribution limits or accepting prohibited donations. Kickbacks are illegal payments made in return for favorable treatment or services. Racketeering involves a pattern of illegal activity, like fraud or bribery, often organized by a group or individual for financial gain.
- The State Bar of Georgia is an organization that oversees the professional conduct of lawyers in Georgia. Complaints filed with the State Bar can lead to investigations into alleged misconduct by attorneys. Perjury and other violations of professional conduct can result in disciplinary actions by the State Bar, including potential disbarment. The State Bar's procedures involve reviewing complaints, conducting investigations, and taking appropriate actions based on the findings.
- The text discusses allegations of misconduct, including perjury, campaign finance violations, and kickbacks, involving DA Fani Willis ...
Counterarguments
- DA Fani Willis and Nathan Wade may have had legitimate reasons for their testimony and behavior in court, which could be misinterpreted by others.
- Long pauses and vague responses by Nathan Wade could be due to nervousness or an attempt to be cautious in his testimony, rather than an indication of lying.
- The refusal to produce text messages for in-camera review might be based on privacy concerns or legal privileges, rather than an attempt to hide wrongdoing.
- Campaign finance issues and the handling of cash payments could have explanations that are compliant with the law, and any irregularities might be due to clerical errors or misunderstandings.
- The hiring of a media monitoring company and the expenditure of taxpayer money could be justified by the needs of the office and might have been done in accordance with procurement policies.
- The complaint filed with the State Bar of Georgia represents only one side of the story, and Ms. Willis may have a valid defense against the allegations.
- The charges of false swearing and filing false pleadings are serious accusa ...
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Impact on Case
Public discussions suggest that the conduct of Fannie Willis and the issues raised by those close to the case are leading to questions about the integrity and future of the prosecution, with implications for the timeliness and fairness of the proceedings.
Case delayed at least 3 months due to evidentiary hearing
Megyn Kelly notes that there have been delays in the case, which might be attributed to problems involving Willis and Wade, although no direct information was provided about the case being delayed specifically due to an evidentiary hearing.
Unlikely Willis will remain on case long-term
Merchant and Holloway discuss the likeliness of Willis staying on the case, with Merchant suggesting that her actions may result in her not remaining on it. Kelly echoes this sentiment, mentioning the unlikelihood of Willis actually trying the case under the current circumstances.
Merchant expresses skepticism regarding Willis's long-term involvement in the case, noting her two challengers and suggesting a significant impact on her position. Holloway concurs, seeing a limit to the immediate implications for Willis but indicating a belief that Willis may eventually leave the case.
Outcome undermined public confidence in impartiality of prosecution
Merchant shares a personal account, describing shock and dismay at being called racist by Willis on television, a claim that sharply contrasts with their 20-year acquaintance. Merchant recounts community support and de ...
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Impact on Case
Additional Materials
Clarifications
- Willis's potential departure from the case long-term is being questioned due to concerns about her conduct and the impact it may have on her position. Observers like Merchant and Kelly suggest that the controversies surrounding Willis and her actions could lead to her stepping away from the case. The doubts stem from issues raised by those close to the case, indicating a lack of confidence in Willis's ability to continue prose ...
Counterarguments
- Public discussions do not necessarily reflect the legal realities of the case and may be based on incomplete information or speculation.
- Delays in legal cases can be due to a variety of factors, and a 3-month delay for an evidentiary hearing may be a normal part of due process to ensure a fair trial.
- It is possible for a prosecutor to overcome challenges and criticisms and remain on a case if deemed appropriate by the overseeing judicial authority.
- The actions of Willis, without more context, cannot be definitively said to result in her removal from the case; legal decisions about prosecutorial conduct are typically made through formal processes, not public opinion.
- Public confidence in the impartiality of the prosecution can be multifaceted and may not be solely influenced by the actions of a single individual ...
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