Solomonic Justice in Georgia

By JOEL D. JOSEPH

Solomonic Justice is based on rulings of King Solomon who ruled ancient Israel 3,000 years ago. The basic principle of Solomonic Justice is that in any court case, both parties usually have a valid claim. In the United States and Great Britain, the courts most often make a winner-take-all decision giving one party a total victory. In Israel, the Supreme Court attempts to find a middle ground, giving each party a partial victory.

That is exactly what Judge Scott McAfee did in his Atlanta, Georgia, ruling in the case against former President Donald Trump. Trump’s attorney filed a motion to dismiss the case, based on a possible conflict of interest involving District Attorney Fani Willis and her former lover, Nathan Wade.

Willis hired Wade to be an assistant prosecutor in the case. He was paid $650,000 for working on the case and went on luxurious trips with Ms. Willis. However, rather than dismissing the case, Judge McAfee gave District Attorney Willis the choice of firing Wade or, in effect, firing herself. Nathan Wade did the right thing and resigned.

Judge McAfee wrote, “Our highest courts consistently remind us that prosecutors are held to a unique and exacting professional standard inlight of their public responsibility and their power. Every newly minted prosecutor should be instilled with the notion that she seeks justice over convictions and that she may strike hard blows but never foul ones.”

McAfee concluded that Ms. Willis did not have an actual conflict of interest, but that she gave the appearance of a conflict of interest and impropriety. “Without sufficient evidence that the District Attorney acquired a personal stake in the prosecution, or that her financial arrangements had any impact on the case, the Defendant’s claims of an actual conflict must be denied. This finding is by no means an indication that the Court condones this tremendous lapse in judgment or the unprofessional manner of the District Attorney’s testimony during the evidentiary hearing. Rather, it is the undersigned’s opinion that Georgia law does not permit the finding of an actual conflict for simply making bad choices even repeatedly and it is the trial court’s duty to confine itself to the relevant issues and applicable law properly brought before it. Other forums or sources of authority such as the General Assembly, the Georgia State Ethics Commission, the State Bar of Georgia, the Fulton County Board of Commissioners, or the voters of Fulton County may offer feedback on any unanswered questions that linger. But those are not the issues determinative tothe Defendants motions alleging an actual conflict.”

Judge McAfee continued, “Finding insufficient evidence of an actual conflict of interest does not end the inquiry. Our appellate courts have endorsed the application of an appearance of impropriety standard to state prosecutors, even without any explicit finding of an actual conflict.”

Judge McAfee concluded that the prosecution of this case cannot proceed until the State selects one of two options. The District Attorney may choose to step aside, along with the whole of her office, and refer the prosecution to the Prosecuting Attorneys Council for reassignment. Alternatively, Nathan Wade has withdrawn, allowing the District Attorney, the Defendants, and the public to move forward without his presence or remuneration distracting from and potentially compromising the merits of this case.

McAfee accorded both sides justice. While he slapped down district attorney Willis’s behavior, he ruled that there was no basis for dismissing the case against Donald J. Trump. This is the essence of Solomonic Justice. Both sides can walk away feeling that they were the victors. Both sides had strong points to make and Judge McAfee accorded them real, fair and impartial justice. And the American people will have justice as well: The trial of Donald J. Trump will proceed in Atlanta, Georgia.

Editor’s Note: After this was written, Trump and some of his codefendants announced they would appeal the ruling to the Georgia Court of Appeals.

Joel D. Joseph is a lawyer, economist and author of “Solomonic Justice: How the Israeli Supreme Court has Become a Beacon of Justice in the Middle East.” Email joeldjoseph@gmail.com.

From The Progressive Populist, April 15, 2024

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