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Defense attorney tells MSBNC that judge pulling DA Willis

from Trump case could be ‘death knell’ for case
'I don’t know that there are many other prosecutors in the state of Georgia that would want to take on this case,' Polisi
told MSNBC
By Gabriel Hays Fox News

Published March 13, 2024 9:00pm EDT

Defense attorney says judge pulling DA Willis from Trump case could be ‘death knell’
Defense attorney Caroline Polisi told MSNBC on Wednesday that the "death knell" for Fulton County D.A. Fani Willis’ prosecution of former President Trump
could come soon.

Federal criminal defense attorney Caroline Polisi said on Wednesday Fulton County D.A.
Fani Willis' prosecution of former President Trump could be the "death knell" if she is
removed from the case.

While speaking to MSNBC anchor Ana Cabrera, the attorney acknowledged that the case
would still be ongoing if Willis was disqualified from it by Fulton County Judge Scott
McAfee because of her alleged affair with Nathan Wade, a prosecutor she hired for the
case. However, she predicted that it could lose all momentum once it was reassigned to
another governing body.

Polisi made the claim as Willis’ Georgia election interference case was hit by another
string of setbacks, with McAfee throwing out six counts against Trump .

McAfee said in an order Wednesday that the state failed to allege sufficient detail for six
counts of "solicitation of violation of oath by public officer."

JUDGE IN TRUMP'S GEORGIA CASE FACES ELECTION CHALLENGE FROM CIVIL RIGHTS
ATTORNEY

Federal defense attorney Caroline Polisi told MSNBC on Wednesday that D.A. Fani Willis being removed from her case to
prosecute former President Trump could be the "death knell" for the case.

Cabrera prompted Polisi, wondering if this news would have any influence or connection
to McAfee’s potential decision barring Willis from the case for the inappropriate
relationship she had allegedly had with Wade.

The host stated, "I just wonder if [McAfee] would go there. If he would dismiss charges if
he’s planning to throw out the case or remove it from Fani Willis altogether as we await
that decision over the question about whether there was misconduct with her relationship
with Nathan Wade."

Polisi replied by clarifying that both the judge tossing the charges and Willis’ alleged
misconduct are completely separate and will be dealt with accordingly. She also noted
that the case wouldn’t be kaput just because it was reassigned from Willis.

"Itshouldn’t have anything to do with it," the attorney told Cabrera, adding, "These are
completely distinct legal issues, and certainly his decision on the disqualification, as we all
know, does not kill the case in and of itself. He wouldn’t dismiss the indictment. It would
just be reassigned to sort of a governing body in Georgia to then be reassigned."

However, she noted this transfer could derail the case against Trump altogether, saying, "I
myself feel, and many other people feel that that would, in effect, essentially be the death
knell for this case because, uh, you know, another time when Fani Willis was, um, removed
from a case for ­– in this very case – for a conflict of interest, that case is still languishing
at that body."

NATHAN WADE'S PHONE DATA SHOWS HE MADE MIDNIGHT TRIPS TO FANI WILLIS'
CONDO BEFORE HE WAS HIRED: ATTORNEY

Scott McAfee, Fulton County superior court judge, at the Fulton County Courthouse in Atlanta, Georgia, US, on Thursday,
Feb. 15, 2024. The judge overseeing Fulton County's prosecution of Donald Trump and others over his alleged effort to
overturn the 2020 presidential election held a two-day hearing to determine whether he should disqualify Fani Willis over
claims she gained a financial and personal benefit from her romantic relationship with the lead prosecutor, Nathan Wade.
(Alyssa Pointer)

As NBC News reported at the time, Willis was disqualified in 2022 from prosecuting a
Republican state senator who was running for lieutenant governor for conspiring to flip the
2020 election results as a "fake elector" because she had hosted a fundraiser for his
Democratic opponent.

Polisi told Cabrera that that case "hasn’t been reassigned yet." Citing that as an example of
what could happen with Willis’ case against Trump, she added, "I don’t know that there are
many other prosecutors in the state of Georgia that would want to take on this case, that
have the resources, the expertise."

She added, "And so, this, you know, could be sort of death by a thousand cuts for this
case."

Gabriel Hays is an associate editor for Fox News Digital.

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