That Georgia scheme to protect Trump from prosecution is clearly unconstitutional.
. Gov. Brian Kemp should refuse to sign it—but if the bill becomes law the courts will still have ample reason to throw it out.The Georgia House bill provides that prosecutors can be removed from office by the “Prosecuting Attorneys Qualifications Commission” for “willful misconduct” or “conduct prejudicial to the administration of justice which brings the office into disrepute.” This vague language—that could encompass any controversial high-profile case—is just one problem with the bill.
,” that is making ordinary decisions to prioritize some prosecutions over others. The Senate version of the bill requires only a “plausible” allegation of the supposed transgressions.
. The bill’s seemingly intentional failure to articulate clear standards for disciplining or removing a prosecutor creates significant room for mischief and troubling due process concerns. Courts must reject this unlawful system if this version of the bill is passed.
Under the Georgia Constitution, district attorneys are elected to four-year terms from the electorate in local judicial circuits, and they have immunity from private suits for actions arising from their performance of their duties. Powers of review and oversight of attorneys for allegations of misconduct is in Georgia, like throughout the country, exclusively reserved for judges. This separation of powers works the same way in many other state constitutional frameworks.
that the commission was unconstitutional, because it interfered with New York courts’ role for attorney discipline.The legislation in Georgia, if passed and signed by the governor, should similarly be struck down by the Georgia courts,
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