Monday, March 11, 2024

OPINION_ ALAN DERSHOWITZ: Who Will Prosecute The Prosecutors?

DAILY CALLER

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Alan M. Dershowitz
Felix Frankfurter Professor of Law, Emeritus at Harvard Law School, and the author most recently of The Price of Principle: Why Integrity Is Worth The Consequences. He is the Jack Roth Charitable Foundation Fellow at Gatestone Institute, and is also the host of "The Dershow" podcast.
March 11, 2024 12:05 PM ET


If Fulton County District Attorney Fani Willis were prosecuting citizen Fani Willis and her former boyfriend Nathan Wade for perjury, conspiracy and obstruction of justice, she would have an extremely strong case. The evidence of perjury is overwhelming; many individuals have been convicted on far less evidence.

Recall that Willis and Wade testified under oath to the material fact that Willis did not hire Wade as special prosecutor while they were having a romantic relationship. They both testified that the romantic relationship began after the hiring decision was made. If that was a deliberate lie, it satisfies all the elements of perjury.

Let us look at the evidence. First, there is the testimony of two witnesses, both of whom have provided evidence that the relationship began before Wade’s appointment as special prosecutor. As Willis herself reminded us when she was challenged about having no corroboration that she paid Wade back in cash, the testimony of one witness is evidence – meaning her own self-serving testimony – certainly, the testimony of two witnesses is even better evidence. In addition, there is the text by another witness confirming that the relationship began earlier than testified to.
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All of this eye and ear testimony is corroborated by indisputable scientific evidence through cell phone records showing that Wade was in the area of Willis’ apartment in the middle of the night. The cell phone pings placed Wade traveling from his home in the direction of Willis’ home in late evening, then making a phone call to Willis. Then the pinging stops for several hours and resumes early in the morning. This and other cell phone documentation constitutes strong circumstantial evidence proving that Wade was in Willis’ apartment before he was hired – at a time of night when sex is more likely than Scrabble.

A client of mine is currently in prison for murder on far less compelling circumstantial evidence; Willis has no doubt successfully prosecuted many defendants on far less compelling evidence.

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READ MORE: https://dailycaller.com/2024/03/11/opinion-who-will-prosecute-the-prosecutors-alan-dershowitz/

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