Thursday, January 25, 2024

A Reality Check on the Fani Willis Scandal - POLITICO

The motion may also have violated an important ethical rule that requires lawyers to disclose controlling law that is at odds with any position that they are advocating in the case. In particular, Roman's filing claims that Willis and Wade may have violated the honest-services and RICO statutes because they "personally benefited from an undisclosed conflict of interest," but that theory of criminal liability was foreclosed by the Supreme Court nearly 15 years ago. The lawyers who wrote that language either did not know that it was wrong (ethically fine, perhaps, but embarrassing) or refused to level with the court about it (not fine at all and deeply ironic)...

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