Georgia’s House representatives approved a bill on Monday to reestablish a commission with the power to discipline and remove prosecutors.
Georgia’s Political Divide
The House passed House Bill 881 with a 95-75 vote along party lines, moving it forward to the Senate for additional discussion. Democrats have raised concerns, warning that this move could interfere with Fulton County District Attorney Fani Willis’ prosecution of former President Donald Trump.
A similar proposal recently made headway in a Senate committee.
Beyond Supreme Court Barriers
Although Governor Brian Kemp enacted legislation last year to create the Prosecuting Attorneys Qualifications Commission, a ruling in November by the state Supreme Court prevented its activation, citing ‘grave doubts’ about its jurisdiction.
The latest measure eliminates the need for Supreme Court approval.
Prosecutor Accountability
“This commission will now be able to begin their real work, which is bringing accountability to those rogue prosecuting attorneys who abuse their office,” stated Rep. Joseph Gullett, a Dallas Republican and the bill’s sponsor.
Democratic Resistance
Gullett and some fellow Republicans argue the measure isn’t explicitly targeting Willis, referencing past instances of prosecutor misconduct and times when Democrats supported the concept of a prosecutor oversight panel.
Yet, Democratic resistance to the commission has intensified, accusing Republicans of attempting to override Democratic voters’ choices.
Unchecked Commission Power?
House Minority Whip Sam Park, a Democrat from Lawrenceville, raised concerns about the commission’s potential impact, stating, “The commission will be able to unilaterally proceed and have the ability to interfere and undermine an ongoing investigation against Donald J. Trump. You are taking action to protect former President Trump from an ongoing criminal prosecution.”
Willis Under Scrutiny
Last Friday, Senators established a special investigative committee. Republicans claim they will examine whether Willis improperly used state funds for personal gain by hiring attorney Nathan Wade as a special prosecutor.
Targeting DA Willis in Court
Trump, alongside co-defendant Michael Roman, recently sought to disqualify Willis, Wade, and their offices from the case. Ashleigh Merchant, Roman’s attorney, filed a motion on January 8 alleging an appropriate romantic relationship between Willis and Wade, creating a conflict of interest.
Explosive Allegations
In a significant allegation, the motion claims that Willis and Wade have violated the same racketeering act under which Roman and others are charged in the election meddling case. It accuses Willis of being romantically involved with Wade and profiting from his employment and the probe into Trump and his associates, yet provides no concrete evidence.
A Look at the Financials
Wade, who has earned over $600,000 since 2021 for his role in the extensive racketeering case, filed for divorce soon after his 2021 appointment. According to Roman’s 127-page document, Wade’s sealed divorce records might hold further information about this purported relationship.
Racial Motivation Alleged
While Willis has not publicly addressed these romance allegations, she robustly defended Wade and his credentials at a January 14 service honoring Rev. Martin Luther King Jr. in an Atlanta Black church, suggesting that the scrutiny of Wade is racially motivated.
Questioning Intentions
In Wade’s divorce case, credit card statements revealed purchases of plane tickets for him and Willis to Miami in October 2022 and to San Francisco in April. Republicans contend that these actions indicate Willis had a personal incentive in appointing Wade.
Preferring Oversight Panel
Governor Kemp has expressed a preference for the prosecutor oversight panel, rather than the Senate committee, to handle any misconduct allegations against Willis. On Monday, he urged the Senate to expedite the bill’s passage.
However, Democrats have raised concerns that eliminating the Supreme Court’s rule review requirement could lead to a lack of oversight over the commission itself.
Will Commission Go Unchecked?
The proposed measure also sets a high bar for courts to overturn the commission’s decisions. “The question we should all ask is who will police this commission,” noted Rep Tanya Miller, an Atlanta Democrat. “Who will they be accountable to? Certainly not the voters because they are not elected. This should terrify all of us.”
Nationwide Trend
This initiative in Georgia reflects a broader trend, with Republicans nationwide attempting to exert control over disfavored prosecutors.
Republicans have been critical of progressive prosecutors for reducing drug possession prosecutions and advocating shorter sentences, accusing Democrats of being overly sympathetic to criminals.
The Need for Immediate Oversight
Rep. Houston Gaines, a Republican from Athens, stated, “If you talk to victims across this state of district attorneys who aren’t doing their job, you’ll recognize why we can’t delay this any further.”
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