Harvard University Law School professor emeritus Alan Dershowitz told Newsmax on Friday that "the evidence is overwhelming" against Fulton County District Attorney Fani Willis, who he said is trying to "pressure" the judge into focusing on "an appearance of conflict."
Judge Scott McAfee, who is presiding over the Georgia election inference case against former President Donald Trump and 18 co-defendants, is set to determine whether to remove Willis from the case over a romantic relationship with a top prosecutor, Nathan Wade.
Willis filed a brief Tuesday that read: "Every Georgia case that has addressed the issue has reached the same conclusion: in order to authorize a trial court to disqualify an elected district attorney, an actual conflict of interest must be proven. No prosecutor in this state has ever been disqualified on the appearance of a conflict."
Dershowitz said on "Newsline" that Willis is "trying to put pressure on the judge to find only that there was an appearance and then say that wasn't enough."
"Even if you need an actual conflict, it's there. The evidence is overwhelming. The evidence is overwhelming that they had an affair before ... she hired him. The evidence is overwhelming that she benefited financially from it. The evidence is overwhelming that he was not qualified to do the job and earn $700,000."
He went on to say: "This ought to be a criminal investigation of Fani Willis and the two witnesses ... but I don't know whether the judge will have the courage to actually look and say, I believe you committed perjury. I believe you committed obstruction of justice. I believe you tampered with witnesses. I believe you conspired to commit perjury.
"That would be the right result. But if the judge doesn't have the courage to do that and falls back on an appearance of conflict, then she's making the legal argument that's not enough."
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