Fani Willis should face gag order in Trump election case, says legal analyst

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Fani Willis facing new legal issues

Fox News legal editor Kerri Kupec Urbahn on new legal concerns for Fulton County, Georgia DA Fani Willis and the latest findings from the Hunter Biden investigations

Fox News legal editor Kerri Kupec Urbahn joined "The Faulkner Focus" Monday to discuss how former President Trump is experiencing a double standard when it comes to gag orders and why Fulton County, Georgia District Attorney Fani Willis should be issued a gag order similar to Trump's. Co-defendants in Trump's election interference case are reportedly considering asking for a gag order against Willis.

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KERRI KUPEC URBAHN: So let's talk first about what the purpose of gag orders are in the first place. It's to prevent harm to the case or the people involved in the case that otherwise could not be undone. And we've seen these gag orders slapped again and again after one person and one person only. And his name is Donald Trump. But my question is how is the harm that they say Trump is causing by tweeting about political bias is any different or worse than, say, the district attorney in Georgia talking publicly about the case, saying things like, ‘God is on my side,’ or Letitia James, the attorney general in New York salivating over properties that Trump owns on Twitter, live-tweeting all those events. Because let me tell you something. If I'm a business person in New York, I'd be very worried that she would do the same to me and apply the law in a way that's never been applied before against me. Doesn't matter that I'm not Trump. She's done it once, wouldn't she do it again? And if I'm a potential juror in Fulton County, how would I not be intimidated by the district attorney, a very powerful law enforcement officer, making all of these comments? Would I not be nervous to not potentially side with her if I'm on that jury?

Fulton County District Attorney Fani Willis looks on during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on March 1, 2024, in Atlanta. (Alex Slitz-Pool/Getty Images)

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It's again only been applied against one person, one way. And let's not forget in the civil fraud trial and that situation in New York, the ACLU, who was no friend of Donald Trump, suggested that gag orders against him are election interference. That's the ACLU talking, not Donald Trump. And so, again, if you're just the average person whether you're living in Fulton County or you own a business in New York, I don't see how you are not intimidated by the actions of both of these law enforcement officers. 

New York Attorney General Letitia James speaks during a news conference, Sept. 21, 2022, in New York.  (AP Photo/Brittainy Newman, File)

Democratic strategist Karen Finney warned Fulton County District Attorney Fani Willis to rein herself in and stop doing media interviews ahead of the court hearing Thursday in the Georgia election interference case against former President Trump.

"Fani Willis, I think, has already made herself a character in this saga," the former Clinton campaign adviser warned during an appearance on CNN Thursday morning.

Willis has been criticized for speaking publicly to the media about the case and defending her past romantic relationship with former prosecutor Nathan Wade.

"She’s got to bring it down and stay focused on doing the job of prosecuting this case," Finney scolded on CNN. "I wish she would stop doing interviews and really focus on – just prosecute the case and be very serious in the courtroom. No flair, nothing fancy. Just the facts, ma'am."

Fox News' Kristine Parks contributed to this report.

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