The most intriguing question is whether a new prosecutor would continue to support this controversial RICO case. Every prosecutor is under a personal obligation to determine whether there is an ethical basis to prosecute. Some prosecutors would likely balk at the tenuous connections used to sweep Trump into this grand conspiracy theory, which many critics believe Willis has pursued for political purposes.

Thus, an outside prosecutor might not share her priorities for prosecution. The Georgia case has a number of credible criminal charges against various defendants. The question is whether there would be the same overriding interest in bagging Trump under this novel alleged criminal enterprise.

[Perhaps, but Judge McAfee may take a jaundiced look at the entire ‘novel’ allegation if he finds that Willis and Wade had a romantic relationship and she benefited by hiring him to prosecute. The massive billing that Wade has submitted exists in large part because of the complexity of the overriding RICO charge, along with Willis’ attempts to criminalize political speech as actions in furtherance of the ‘racket.’ He might find that the indictment itself was a corrupt vehicle for the enrichment of Willis and Wade and force some other prosecutors to start over from scratch, especially given Willis’ also-novel use of the grand jury. But first, McAfee has to determine whether Willis and Wade were in such a relationship in the first place. — Ed]