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Tag: Georgia

  • Who is Steve Jones, the judge who’ll decide whether to move Fulton County defendants’ cases to federal court? | CNN Politics

    Who is Steve Jones, the judge who’ll decide whether to move Fulton County defendants’ cases to federal court? | CNN Politics

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    CNN
     — 

    Federal district Judge Steve Jones of the Northern District of Georgia will hear requests from three of the 19 defendants hoping to move their Georgia election subversion cases out of state court.

    The group, which includes former Trump White House chief of staff Mark Meadows, is trying to get the case dismissed under federal law – a determination that may impact Fulton County District Attorney Fani Willis’ case against former President Donald Trump and others. Meadows and others will present evidence about whether to move the case, while the judge has allowed the state court case to proceed in the meantime.

    Jones, a Barack Obama appointee, was confirmed by the US Senate in 2011 by a 90-0 vote. A former Superior Court judge, he grew up in Athens, Georgia, and graduated from the University of Georgia School of Law in 1987.

    So far, Jones has shown that he would like to avoid a circus while not giving short shrift to Meadows’ arguments, said Steve Vladeck, a CNN Supreme Court analyst and professor at the University of Texas School of Law. The orders Jones has already issued have hewed tightly to the relevant statutes and case law, and he has moved the proceedings along very efficiently.

    Jones is “by the book, which includes quickly and quietly,” Vladeck said.

    Jones has overseen high-profile cases before.

    In July, he declined to toss three lawsuits claiming that Georgia’s congressional and legislative districts were drawn in a way that discriminates against Black voters. He slated a trial on the matter for September.

    In 2020, Jones blocked the state’s six-week abortion ban, which later took effect after the Supreme Court overturned Roe v. Wade. In 2019, he rejected an attempt by a voting rights group to restore to the rolls 98,000 Georgia voters who had been removed after being classified as “inactive” after a new state law took effect.

    In that case, Jones found that the 11th Amendment of the Constitution and the principles of sovereign immunity “do not permit a federal court to enjoin a state (or its officers) to follow a federal court’s interpretation of the State of Georgia’s laws.” Jones also determined that the group, Fair Fight Action, failed to show that its claim had a substantial likelihood of success.

    Next, Jones will weigh movement in the case in which Trump is accused of being the head of a “criminal enterprise” that was part of a broad conspiracy to overturn his electoral defeat in Georgia. Trump, who faces 13 charges, is also expected to try to move the case to federal court, according to multiple sources familiar with his legal team’s thinking.

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  • Former Georgia lieutenant governor subpoenaed to testify before Fulton County grand jury in 2020 election probe | CNN Politics

    Former Georgia lieutenant governor subpoenaed to testify before Fulton County grand jury in 2020 election probe | CNN Politics

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    CNN
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    Former Georgia Republican Lt. Gov. Geoff Duncan received subpoenas to testify before a Fulton County grand jury this month, a source with direct knowledge of the 2020 election interference investigation in the state told CNN.

    Duncan has been a sharp critic of Donald Trump’s efforts to upend Georgia’s election results. He recently told CNN that he was “embarrassed” when Rudy Giuliani, a former attorney for Trump, and other allies of the former president appeared before Georgia state lawmakers. While Duncan was president of the Georgia state Senate at the time, he told CNN he did not “sanction” those meetings, and that they were not “official hearings.”

    In an interview Monday with CNN’s Wolf Blitzer on “The Situation Room,” Duncan committed to testifying in front of the grand jury, saying he’ll “be there to answer the facts as I know them and to continue this process of trying to discover what actually happened during that post-election period of time.”

    “We can never repeat that in this country. Certainly I never want to see that happen in my home state of Georgia, a lot of good peoples’ lives were uprooted, a lot of peoples’ reputations have been soiled,” Duncan, a CNN political contributor and Republican, said.

    Duncan said that he would be “willing to testify and tell the truth in as many settings as I possibly can,” in response to a question about whether he’d be willing to testify in any other related trials.

    A spokesperson for the Fulton County district attorney’s office declined to comment.

    The former lieutenant governor is the third witness publicly known to receive a subpoena for grand jury testimony. CNN previously reported independent journalist George Chidi and former Georgia Democratic state Sen. Jen Jordan have also been subpoenaed.

    On December 3, 2020, while Duncan was president of the state Senate, Giuliani spread conspiracy theories about widespread irregularities and fraud in the state during a Georgia Senate Judiciary subcommittee hearing about election integrity. Jordan was in attendance.

    At the hearing, Trump’s team presented a video of what they claimed was evidence of fraud from election night ballot tabulating in Fulton County, allegations that were investigated by the FBI, Department of Justice and state election officials – and proven to be erroneous.

    The recent subpoenas are the clearest indication Fulton County District Attorney Fani Willis intends to seek indictments in her long-running criminal probe into efforts by Trump and his allies to overturn the 2020 presidential election in Georgia.

    Willis told CNN affiliate WXIA at an event late last month that “the work is accomplished,” adding later, “We’ve been working for two and half years. We’re ready to go.”

    Sources expect Willis’ team to spend roughly two days presenting its case before one of the two grand juries meeting regularly in Fulton County with the power to issue indictments. Willis has said she will make her charging announcements before September 1.

    The subpoenas for grand jury testimony call on the witnesses to appear before the grand jury during the month of August and state that witnesses will get a 48-hour notice when they are required to appear. Multiple people who were subpoenaed told CNN they have not yet been notified of an appearance date.

    Duncan on Monday would not comment on the timing of his expected appearance in front of the grand jury: “I don’t want to infringe on any details of the investigation, so I’ll leave that offline and off of this commentary here. But I’m committed to telling the truth – I know a number of people are around this process.”

    Duncan, Jordan and Chidi were all part of the group of 75 witnesses who previously testified before the special grand jury Willis used last year to gather evidence in her investigation.

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  • Here’s what DeSantis, Christie and other Trump 2024 rivals are saying about the Georgia indictment | CNN Politics

    Here’s what DeSantis, Christie and other Trump 2024 rivals are saying about the Georgia indictment | CNN Politics

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    CNN
     — 

    Donald Trump’s biggest detractors in the 2024 Republican presidential race offered mixed reactions Tuesday to the former president’s indictment by a Georgia grand jury.

    Trump has remained defiant in the face of the new charges against him and 18 others stemming from their efforts to overturn his 2020 electoral defeat. He now faces four separate indictments at the same time that he’s running for president as the front-runner for the GOP nomination.

    Two rivals argued that the charges Trump faces in Fulton County are similar to the election interference charges brought by federal special counsel Jack Smith in Washington, and said the federal case should take precedence.

    Here’s what Trump’s 2024 GOP opponents are saying about the latest indictment:

    Christie told Fox News that he is “uncomfortable” with what he views as an “unnecessary” indictment from Fulton County District Attorney Fani Willis.

    “I think that this conduct is essentially covered by the federal indictment,” he said. “I would have less of a problem with this if she decided, ‘OK, I’m not going to charge Donald Trump here, because he has been charged for, essentially this conduct, by Jack Smith.’”

    However, Christie said the Fulton County prosecution of Trump’s close allies, including former White House chief of staff Mark Meadows and personal lawyer Rudy Giuliani, was “more defensible” because they “have not been charged at the federal level” like Trump has.

    Christie defended the timing of Willis’ indictment, saying that Trump’s decision to run in 2024 was “not an excuse” for the justice system to stop operating.

    “I think all of these judges in the end will make decisions based upon the reasonable availability of all the witnesses and everyone else,” he said.

    Later, in an interview with CNN’s Jake Tapper, Christie was asked whether Willis might have brought charges against Trump because he wouldn’t be able to shut down the state case and pardon himself if he is elected president again in 2024, Christie said, “I don’t think that’s the prosecutor’s job. The prosecutor’s job is to look at how do you administer justice in this case.”

    He said Republican voters should ask themselves, “Is someone out on bail in four jurisdictions really our best chance to beat Joe Biden?”

    “Are we really going to continue to act as if this is normal conduct? It’s not,” he said.

    Hutchinson, who has long called for Trump to drop out of the race because of his conduct, said the latest indictment further strengthens his belief that the former president should not be seeking the 2024 GOP nomination.

    But much like Christie, he said he believes Willis may be stepping outside her jurisdiction, given the federal charges Trump faces.

    “Generally, state cases are deferential to the federal cases that have been brought, and I think you can make the case that Georgia should have been deferential because there’s overlap there as well, but it is what it is,” Hutchinson said.

    Another strident Trump critic, Hurd said in a statement that Trump’s latest indictment was “another example of how the former president’s baggage will hand Joe Biden reelection if Trump is the Republican nominee.”

    “This is further evidence that Trump knew he lost the 2020 election and was ready to do anything it took to cling to power,” Hurd said. “It’s time we move beyond dealing with the former president’s baggage. The Republican Party needs a leader who isn’t afraid of bullies like Trump.”

    The tech entrepreneur was sharply critical of the charges Trump faces in Georgia.

    At a NewsNation town hall Monday night, Ramaswamy said he hadn’t read the details of the indictments but painted the multiple investigations into Trump in multiple jurisdictions as an effort to negatively impact the former president’s chances of winning the 2024 election.

    “These are politicized persecutions through prosecution,” Ramaswamy said. “It would be a lot easier for me if Donald Trump were not in this primary, but that is not how I want to win this election. The way we do elections in the United States of America is that we the people – you all – get to decide who governs, not the federal police state.”

    DeSantis, Trump’s top-polling primary rival who has criticized the prosecution of the former president, told New England reporters Tuesday that the Georgia indictment is an example of the “criminalization of politics.”

    “They’re now doing an inordinate amount of resources to try to shoehorn this contest over the 2020 election into a RICO statute, which was really designed to be able to go after organized crime, not necessarily to go after political activity,” the governor told WMUR at a news conference, referring to a racketeering charge brought against Trump. “And so, I think it’s an example of this criminalization of politics. I don’t think that this is something that is good for the country.”

    DeSantis later told reporters in New Hampshire that he thinks Trump is currently leading in the 2024 GOP primary in polls in part because of how Republican voters have responded to the indictments.

    “Clearly, there’s been a change in some of the polling since the Alvin Bragg case was brought,” DeSantis said in reference to the indictment brought by the Manhattan district attorney against Trump related to an alleged hush money payment to adult film star Stormy Daniels. “I think that’s just irrefutable.”

    Much like DeSantis, Scott, rather than criticizing Trump’s actions, lambasted the prosecution of the former president.

    “We see the legal system being weaponized against political opponents,” the senator told reporters Tuesday at the Iowa State Fair. “That is un-American and unacceptable.”

    Scott said he hopes to “restore confidence and integrity” to the legal system if he were to become president.

    This story has been updated with additional information.

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  • House Judiciary Committee expected to launch inquiry into Fulton County District Attorney Fani Willis | CNN Politics

    House Judiciary Committee expected to launch inquiry into Fulton County District Attorney Fani Willis | CNN Politics

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    CNN
     — 

    The Republican-led House Judiciary Committee is expected to open a congressional investigation into Fulton County District Attorney Fani Willis as soon as Thursday, a source tells CNN – the same day former President Donald Trump is slated to surrender at the county jail after being charged for participating in schemes to meddle with Georgia’s 2020 election results.

    The committee is expected to ask Willis whether she was coordinating with the Justice Department, which has indicted Trump twice in two separate cases, or used federal dollars to complete her investigation that culminated in the fourth indictment of Trump, the source added. The anticipated questions from Republicans about whether Willis used federal funding in her state-level investigation mirrors the same line of inquiry that Republicans used to probe Manhattan District Attorney Alvin Bragg, who indicted Trump in New York for falsifying business records to cover up an alleged hush money scheme.

    Meanwhile, Georgia Republicans could launch their own state-level investigation into Willis’ probe, according to GOP Rep. Marjorie Taylor Greene of Georgia, who has spoken to top officials in the state about a potential probe. She has also been pushing for a congressional-led inquiry into Willis, who has previously dismissed GOP accusations accusing her of being partisan and consistently defended her investigation.

    “I’m going to be talking to (House Judiciary Chair) Jim Jordan, (House Oversight Chair) Jamie Comer, and I’d like to also ask (Speaker) Kevin McCarthy his thoughts on looking at doing an investigation if there is a collaboration or conspiracy of any kind between the Department of Justice and Jack Smith’s special counsel’s office with the state DA’s,” Greene told CNN. “So, I think that could be a place of oversight.”

    It all amounts to a familiar playbook for House Republicans, who have been quick to try to use their congressional majority – which includes the ability to launch investigations, issue subpoenas and restrict funding – to defend the former president and offer up some counter programming amid his mounting legal battles. But they’ve also run into some resistance in their extraordinary efforts to intervene in ongoing criminal matters, while there are questions about what jurisdiction they have over state-level investigations.

    As their target list on behalf of Trump grows, House Republicans are also cranking up the heat on their own investigations into the Biden family.

    Just this week, House Speaker Kevin McCarthy vowed to move ahead with an impeachment inquiry of President Joe Biden after the House returns from August recess if the Biden administration does not turn over more documents and information related to the Republican led investigations related to Hunter Biden – the strongest sign yet that House Republicans are poised to launch an impeachment inquiry of the president.

    A McCarthy spokesperson did not respond to CNN’s request for comment to elaborate on the speaker’s remark that opening an impeachment inquiry hinged on whether committees received the “bank statements, the credit card statements and other” documents they were asking for.

    House Oversight chair James Comer has subpoenaed six banks for information regarding specific Biden family business associates, received testimony from Hunter Biden’s associates and reviewed hundreds of suspicious activity reports related to the Biden family at the Treasury Department. The Kentucky Republican has not yet subpoenaed bank records from Biden family members themselves. He boasted in June on Fox Business that “every subpoena that I have signed as chairman of the House Oversight Committee over the last five months, we’ve gotten 100% of what we’ve requested, whether it’s with the FBI, or with banks, or with Treasury.”

    The House Judiciary chair, GOP Rep. Jim Jordan of Ohio, just subpoenaed four individuals involved in the Hunter Biden criminal probe and has requested a number of documents and interviews pertaining to special counsel David Weiss’ ongoing criminal investigation.

    There is still some skepticism among more moderate Republicans, however, about whether they should be trying to intervene in ongoing investigations and whether an impeachment inquiry is warranted.

    Behind the scenes, members of the House Judiciary panel, who would help oversee an impeachment inquiry, have recently been discussing how all signs are pointing towards the House launching one in short order.

    “We had even some of our more moderate members saying that the oversight wasn’t serious if the next step wasn’t an impeachment inquiry,” Republican Rep. Matt Gaetz of Florida, a top Trump surrogate and Judiciary panel member, told CNN about a recent committee call. “There was great interest among my Judiciary colleagues to really include and involve everyone in the conference. There’s a real desire to get everyone on board and go through the evidence with those who might remain skeptical.”

    Trump’s allies have called for Congress to expunge Trump’s two previous impeachments, a move that has sparked pushback by many even among House Republicans.

    Greene, who spoke with McCarthy on Tuesday, said she doesn’t think the votes are there yet for expunging Trump’s previous two impeachments, even as the former president continues to promote the idea on Truth Social. But she said, “I think the impeachment inquiry looks very, very good.”

    “He is spending the recess talking about it constantly,” Greene added of McCarthy. “I really feel strongly that that’s something that’s going to happen.”

    Even before Trump’s indictment in Fulton County his congressional allies were laying the groundwork to take aim at Willis and broader election laws.

    GOP Rep. Russell Fry of South Carolina introduced a longshot bill earlier this year to give current and former presidents and vice presidents the ability to move their civil or criminal cases from a state court to a federal court as the investigation in Fulton County was ongoing. Fry introduced the bill shortly after Trump was indicted by Bragg on more than 30 counts related to business fraud.

    The Judiciary Committee, which has jurisdiction over Fry’s bill, is examining ways to move this bill forward and schedule a markup, two sources familiar with the process told CNN.

    Fry, who tweeted shortly after the Fulton County indictment that the outcome underscores the need for his bill, said in a statement to CNN, “these rogue prosecutors shouldn’t be able to wield unwarranted power and target our nation’s top leaders for their political agendas.”

    Separately, the House Committee on Administration has been working on a conservative election integrity package that Republicans are calling “transformative,” but Democrats frame as “designed to appease extremist election deniers.”

    Republicans argue the bill gives states the tools to strengthen voter integrity, implement selection reforms in Washington, DC, and protects conservatives’ political speech. Democrats, meanwhile, contest the legislation attacks the freedom to vote, burdens election workers and creates less transparency in elections.

    One of the nine hearings that Republicans held on the bill, which recently passed out of committee and is ready for a floor vote in the House, was held last month in Atlanta.

    The top Democrat on the panel, Rep. Joe Morelle of New York, accused Republicans of playing defense for Trump through the field hearing, which Republicans have said was not the case.

    “One might ask, why are we here in Georgia? The answer is simple. We’re here because in 2020, Joe Biden won and Donald Trump lost. There was no widespread voter fraud in Georgia, there were no suitcases full of fake ballots, no voting machines changed any votes. In fact, we know of only one possible crime that took place, because it was recorded on tape,” Morelle said.

    Democrats on the House Oversight Committee have also accused their Republican counterparts of coinciding the release of key interview transcripts with days consumed by Trump’s legal woes, according to a recent memo released by Democratic committee staff.

    An Oversight Committee spokesperson said in a statement to CNN, “to be clear, there was absolutely no connection between the transcript releases and anything else covered in the news.”

    The types of moves Republicans made on behalf of Trump in the wake of the Fulton County indictment are not necessarily new. After Trump was indicted by the Department of Justice in two separate cases, Greene called for Congress to defund Smith’s office, who is overseeing the two federal indictment cases, and House Freedom Caucus members issued a statement Monday that they would not support even a short-term government spending bill that does not address what they see as the weaponization of the Department of Justice.

    Gaetz recently introduced a resolution to censure and condemn the judge presiding over Trump’s federal indictment in the 2020 election subversion case.

    Despite the partisan back and forth, Trump’s Capitol Hill allies remain unfazed. But, not all Republicans have bought into the Trump defensive strategy.

    “Nobody is paying attention other than the people who are obsessed with Trump,” a senior Republican lawmaker told CNN.

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  • Fulton County district attorney is likely to present her case against Trump to grand jury next week | CNN Politics

    Fulton County district attorney is likely to present her case against Trump to grand jury next week | CNN Politics

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    CNN
     — 

    The Atlanta-area district attorney investigating former President Donald Trump and his allies has been lining up witnesses to appear before a grand jury in order to craft a narrative around how Trump and his supporters tried to reverse the results of the 2020 presidential election in the Peach State, according to people familiar with the matter.

    Fulton County District Attorney Fani Willis is expected to spend two days presenting her case before a grand jury next week.

    Willis could seek several indictments as she eyes a sweeping racketeering case that could cast Trump and several of his associates as operating as a criminal enterprise in their endeavors to upend Georgia’s election results.

    If Willis proceeds with racketeering charges, “I think she is going to tell a story,” said Georgia State law professor Clark D. Cunningham. “The story of how one person at the top – the former president – really marshaled an army of people to accomplish his goal which was to stay in power through any means.”

    The witnesses Willis has subpoenaed include former Republican Lt. Gov. Geoff Duncan, former Georgia Democratic state Sen. Jen Jordan and independent journalist George Chidi. All of them previously testified before a special purpose grand jury that was tasked with investigating the Trump case and heard from more than 75 witnesses.

    But Georgia law is unusual in that special purpose grand juries – which have broad investigative powers – are not permitted to issue indictments. When the subpoenaed witnesses appear before the regular grand jury, those grand jurors will hear the witnesses’ testimony for the first time with a narrower purpose at hand: to approve or reject indictments.

    The witnesses that have been summoned to testify speak to various prongs of Willis’ investigation, from conspiracy-laden presentations that Trump’s associates – including former Trump attorney Rudy Giuliani – made before Georgia lawmakers in 2020, to the convening of fake electors to try to thwart President Joe Biden’s victory in the state. She can also rely on her internal investigators to present evidence that was previously collected by the special purpose grand jury.

    In a case of this magnitude, “probably the indictment has been drafted and reviewed for months,” Michael J. Moore, former US attorney for the Middle District of Georgia, told CNN.

    If there’s anything left to be done, Moore said it was likely final tweaks and finishing touches.

    “The indictment, word-for-word, is going to be flyspecked. You’re making sure there are no errors in it,” Moore said. “And you’re making sure you have enough pieces to prove each count.”

    Willis’ office declined to comment.

    Willis launched her investigation into Trump in early 2021, soon after he called Georgia Secretary of State Brad Raffensperger and pressured the Republican to “find” the votes necessary for Trump to win the state of Georgia. At a campaign event Tuesday, Trump continued to insist it was a “perfect phone call.”

    Her investigation has steadily expanded, and Willis has been weighing racketeering charges in the Trump case. RICO – the Racketeer Influenced and Corrupt Organizations Act – is a statute the district attorney has spoken fondly of and used in unorthodox ways to bring charges against teachers as well as musicians in the Atlanta area.

    In 2015, Willis was thrust into the national spotlight as a Fulton County prosecutor when she used Georgia’s racketeering statute to charge teachers, principals and other education officials in an Atlanta Public School cheating scandal.

    After a 7-month trial, Willis secured convictions for 11 of the 12 defendants charged with racketeering and other crimes related to cheating that was believed to date to early 2001, when scores on statewide skills tests began to rise in the 50,000-student school district.

    “The reason that I am a fan of RICO is, I think jurors are very, very intelligent,” Willis told reporters in 2022 at a press conference about a gang-related indictment. “They want to know what happened. They want to make an accurate decision about someone’s life. And so, RICO is a tool that allows a prosecutor’s office and law enforcement to tell the whole story.”

    Soon after Willis embarked on her Trump investigation, she retained attorney John Floyd – known for his depth of knowledge in racketeering cases – to assist her office.

    In addition to allowing prosecutors to weave a narrative, Georgia’s racketeering statute allows investigators to pull a broader array of conduct into their indictments, including activities that took place outside of the state of Georgia but may have been part of a broader conspiracy.

    Those convicted of racketeering charges also face steeper penalties, a point of leverage for prosecutors if they are hoping to flip potential co-conspirators or encourage defendants to take plea deals.

    Willis’ team has forged ahead with plans to make charging announcements in the coming weeks, even as special counsel Jack Smith charged Trump with four federal counts related to his efforts to stay in power after losing the 2020 presidential election.

    A hefty chunk of the conduct in the indictment was related to efforts to flip the election results in Georgia. Trump has pleaded not guilty in that case.

    The former president’s legal team believes he is likely to face his fourth indictment in the coming days, people familiar with the matter told CNN.

    At a campaign stop in New Hampshire on Tuesday, Trump complained about the cases stacking up against him, adding, “I probably have another one.”

    He also railed against the Fulton County district attorney’s case.

    “I challenge the election in Georgia – which I have every right to do, which I was right about frankly – and they want to indict me because I challenge the election,” Trump told the crowd, even though his efforts to challenge the election results in court failed and no evidence of widespread voter fraud has ever emerged.

    Still, the biggest risk Willis runs at the moment may be in public perception if she moves ahead with a Trump indictment, said Moore, the former US attorney.

    “It starts to look like she’s just piling on because the same things that are in her indictment are also in the federal indictment,” Moore predicted, though he has not been privy to drafts of Willis’ potential indictments. “I’m not sure she’s got anything new to talk about.”

    At an event last week at Atlanta Technical College, Willis told reporters she had reviewed the special counsel’s federal indictment against Trump for election interference but said it would not affect her plans in Georgia.

    Asked what she would say to critics who question the purpose of her case in the wake of the federal indictment, Willis said, “That I took an oath. And that oath requires that I follow the law. And if someone broke the law in Fulton County, Georgia, that I have a duty to prosecute and that’s exactly what I plan to do.”

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  • Trump may try to move the Fulton County criminal case to federal court. Here’s why | CNN Politics

    Trump may try to move the Fulton County criminal case to federal court. Here’s why | CNN Politics

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    CNN
     — 

    Just hours after former White House chief of staff Mark Meadows was dealt state charges accusing him, along with 18 other defendants including Donald Trump, of taking part in a broad criminal conspiracy to overturn Georgia’s 2020 election results, he mounted an effort to move his case to federal court.

    The former president is also expected to try to move the case to federal court, according to multiple sources familiar with his legal team’s thinking.

    The attempt to transfer his case from the Superior Court in Fulton County, Georgia, to the federal court for the US Northern District of Georgia – a process officially referred to as “removal” – is the first in what is expected to be a series of major pre-trial issues District Attorney Fani Willis must navigate as she pursues convictions against the 19 defendants.

    Successfully transferring their cases to federal court could provide some key advantages.

    For starters, litigating the effort could help delay things, a strategy Trump has employed time and time and time and time again.

    Should the case actually go to trial in the federal court, Trump and Meadows or others could end up with a jury pool more sympathetic than the one they might get from around Atlanta, where the state courthouse for this case is based. The district that includes Fulton County also includes the heavily Republican northern part of the state.

    And if the case is removed to federal court and goes to trial, the limits of Georgia’s RICO statute – which has been used aggressively and successfully by Willis – could be under the microscope of a federal judge, who would be able to field novel legal challenges to it by a defendant.

    “There’s very few cases in Georgia interpreting the RICO statute,” said Andrew Fleischman, a Georgia criminal defense attorney, adding that a successful removal in this case would allow a federal judge to “ask a bunch of questions” about the 1980 state law.

    Other advantages include the fact that unlike the Fulton County courtroom where the proceedings are expected to unfold, cameras are not allowed in federal courts, something that could be advantageous for Trump, who is running for president again.

    Trump and Meadows could also argue in federal court that they are protected because their efforts were part of their official duties as president and White House chief of staff, respectively.

    Some major questions over the removal possibility loom large, including whether a successful removal bid would transfer the entire case of 19 people to federal court or if it would allow the defendant to sever their case from the others, with some remaining in state court.

    Just as with the criminal case charging people with trying to overturn an election, there is very little precedent here for judges to follow.

    While there have been ample removal proceedings in civil cases, and the case law in that scenario is very well established, “criminal removal is very rare – especially in cases with multiple defendants,” said Steve Vladeck, a CNN Supreme Court analyst and University of Texas School of Law professor, who clerked for the 11th US Circuit Court of Appeals, which covers Georgia.

    Clark Cunningham, a law professor at Georgia State University, said he believes “the whole indictment moves as one.”

    “And of course, that’s going to be fine with the other defendants, they would rather be in federal court. They would rather have things move slowly. The question would be would the district attorney then try to sever out the people that were not federal (employees),” he said. “Those things remain to be seen.”

    Willis said on Monday that she plans to try the 19 defendants together, so fighting the removal request will likely be a top priority for her office in the coming days and weeks. That alone could upset her hopes to bring the case to trial next March.

    Meadows, in a court document filed Tuesday afternoon, argued that Willis’ case against him should be transferred to district court that includes Fulton County because the alleged conduct of his that creates the basis of Willis’ charges was done as part of his job as the last White House chief of staff during Trump’s tenure.

    He’s citing a federal law that allows civil action or criminal prosecution to be removed to federal court if the lawsuit or prosecution relates to conduct performed “under color” of a US office or agency.

    Willis accused Meadows of participating in a number of the 161 “overt acts” that make up the RICO charge, including traveling to a site in Cobb County, Georgia, where a ballot audit was taking place so he could “observe the signature match audit being performed there … despite the fact that the audit process was not open to the public.”

    He’s also being accused of breaking state law when he took part in a January 2021 phone call that included Trump and Georgia Secretary of State Brad Raffensperger, in which Meadows and Trump urged Raffensperger to take part in the fake electors scheme.

    “Nothing Mr. Meadows is alleged in the indictment to have done is criminal per se: arranging Oval Office meetings, contacting state officials on the President’s behalf, visiting a state government building, and setting up a phone call for the President. One would expect a Chief of Staff to the President of the United States to do these sorts of things,” Meadows’ filing states.

    District Judge Steve Jones, an appointee of Barack Obama, has scheduled a hearing for August 28 on the issue.

    Though Meadows was the first defendant in the Fulton County case to mount a removal bid, he likely won’t be the last.

    In addition to Trump, the former president’s ex-lawyer Rudy Giuliani – who also faces 13 charges in the case – argued during his radio show on Tuesday that the same law Meadows cited in his filing “almost an automatic removal” to federal court.

    “As a person acting as (Trump’s) agent – that’s what a lawyer is, his agent – I have a right to remove it to federal court,” Giuliani said, arguing some of the other defendants could also make similar removal claims.

    For Trump, a potential removal bid won’t be a new exercise. The former president attempted the same thing in the hush money criminal case brought against him in New York, but a federal judge rejected that effort last month. Trump has pleaded not guilty in that case.

    Legal experts told CNN that Trump’s arguments for removal in the Georgia matter would likely be stronger than the ones he put forth in New York, but that his case for removal likely won’t be ironclad.

    “Every one of the alleged crimes he did as a candidate, not as president, in my opinion,” said Clark Cunningham, a law professor at Georgia State University. “But he does have an argument. And it’s going to have to be heard out in the federal courts.”

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  • New trove of emails and documents turned over to prosecutors in Georgia election subversion case | CNN Politics

    New trove of emails and documents turned over to prosecutors in Georgia election subversion case | CNN Politics

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    CNN
     — 

    A trove of emails and documents uncovered by state investigators looking into a voting systems breach in Georgia is being turned over to the Fulton County prosecutors who brought the sweeping racketeering case against former President Donald Trump and his allies.

    More than 15,000 emails and documents connected to Misty Hampton, the former election supervisor for Coffee County, were discovered this month by the Georgia Bureau of Investigation – after attorneys for the rural county’s board of elections claimed the information had been lost.

    Hampton has been charged alongside Trump and 17 other co-defendants with trying to subvert the 2020 election results in Georgia. She has been accused of facilitating the unlawful breach of Coffee County’s voting systems.

    The Georgia Bureau of Investigation had been looking into the Coffee County incident since the summer of 2022. Earlier this month, the agency completed its investigation and gave the case file to Fulton County prosecutors to be included as part of discovery to be turned over to defendants in the Trump election interference case.

    While it’s unclear what’s in the trove of emails and documents, the Coffee County breach features prominently in the Fulton County indictment. Prosecutors say Trump allies illegally breached the voting systems in hopes of finding proof that the election was fraudulent. Prosecutors also have evidence tying Trump campaign lawyers to the breach.

    Sidney Powell, the former Trump campaign attorney charged with crimes stemming from the Coffee County voting systems breach, has centered her defense around the claim that access to the data was authorized by Hampton. Powell and pro-Trump lawyer Kenneth Chesebro are the first two defendants to go to trial, with jury selection set to begin Friday.

    In text messages previously obtained by CNN, Hampton allegedly gave Trump attorneys a “written invitation” to access Georgia voting systems.

    RELATED: Georgia prosecutors have messages showing Trump’s team is behind voting system breach

    Hampton’s attorney Jonathan Miller said he believes that the newly discovered emails and content will exonerate her.

    “There is nothing in the 15,000 emails that would do anything to make my client culpable of a crime, and I look forward to reviewing it all,” Miller told CNN. “She was acting under authority of Georgia statutes in doing what she did, and the evidence is going to show that. She did not commit any crimes.”

    Hampton and Powell each face seven charges in Fulton County, including conspiracy to commit election fraud and computer trespassing, in addition to racketeering. A trial date for Hampton has not been set, and Miller said his client has not received a plea offer she is “willing to facilitate.”

    All but one defendant, bail bondsman Scott Hall, who has agreed to testify for the prosecution, have pleaded not guilty.

    The security of Georgia’s elections had been the subject of litigation even before the 2020 presidential contest. The Coalition for Good Governance, a nonprofit organization, sued the Georgia secretary of state over the issue in 2017. Hampton’s alleged involvement in the Coffee County breach came to light as part of that ongoing civil lawsuit.

    “Few people believed the bizarre claims made by the Coffee County Board of Elections and their attorneys that Misty Hampton’s emails were suddenly lost shortly after she was terminated in February 2021,” the coalition said in a statement.

    The board of elections did not respond to CNN’s request for comment.

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  • Judge rejects Mark Meadows’ bid to move Georgia election interference case to federal court | CNN Politics

    Judge rejects Mark Meadows’ bid to move Georgia election interference case to federal court | CNN Politics

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    CNN
     — 

    A federal judge on Friday rejected former White House chief of staff Mark Meadows’ bid to move his Georgia criminal case to federal court, a significant setback for Meadows and a troubling sign for former President Donald Trump.

    US District Judge Steve Jones found that the allegations against Meadows contained in the Fulton County district attorney’s indictment on election subversion charges were largely “related to political activities” and not to Meadows’ role as White House chief of staff.

    “The evidence before the Court overwhelmingly suggests that Meadows was not acting in his scope of executive branch duties during most of the Overt Acts alleged,” wrote Jones, a Barack Obama appointee.

    The Friday ruling has significant implications for the former president and his 18 co-defendants in the Fulton County district attorney’s sprawling racketeering case, though the judge said the ruling did not apply to the other defendants. Meadows was the first of five defendants who already filed motions to move the case to federal court – and Trump is expected to do so, too.

    Meadows unsuccessfully argued that his case, now playing out in Georgia state court, should be moved because the allegations in the indictment were connected to his official duties as White House chief of staff. His lawyers wanted the case in federal court so they could try to get it dismissed altogether, invoking federal immunity extended to certain individuals who are prosecuted or sued for conduct tied to their US government roles.

    The judge’s decision could set the tone for the other defendants also trying to move their cases. It’s an ominous sign for the defendants who are hoping to invoke the same federal immunity protections.

    The judge explicitly stated in his ruling that he is not offering any opinion about Fulton County’s underlying criminal case against Meadows, who has pleaded not guilty.

    Jones wrote in the decision that Meadows had not met even the “‘quite low’ threshold for removal” to federal court, because his activities for the Trump campaign were outside the scope of his federal role as White House chief of staff.

    “The Court finds that the color of the Office of the White House Chief of Staff did not include working with or working for the Trump campaign, except for simply coordinating the President’s schedule, traveling with the President to his campaign events, and redirecting communications to the campaign,” Jones wrote. “Thus, consistent with his testimony and the federal statutes and regulations, engaging in political activities is exceeds the outer limits of the Office of the White House Chief of Staff.”

    The Hatch Act, which prohibits federal officials from engaging in political activity as part of their official duties, was “helpful in defining the outer limits of the scope the White House Chief of Staff’s authority,” the judge said.

    “These prohibitions on executive branch employees (including the White House Chief of Staff) reinforce the Court’s conclusion that Meadows has not shown how his actions relate to the scope of his federal executive branch office. Federal officer removal is thereby inapposite,” the judge wrote in the decision.

    Meadows on Friday swiftly appealed the ruling to the US 11th Circuit Court of Appeals.

    The indictment identifies eight overt acts Meadows allegedly took in furtherance of the scheme to overturn the 2020 election results. Meadows argued that these actions were part of his federal duties – and thus, the case should be moved to federal court – but Jones disagreed.

    “The Court finds insufficient evidence to establish that the gravamen, or a heavy majority of overt acts alleged against Meadows relate to his role as White House Chief of Staff,” Jones wrote, adding that “Meadows failed to provide sufficient evidence that these actions related to any legitimate purpose of the executive branch.”

    One of Meadows’ most critical actions was his participation in Trump’s phone call with Georgia Secretary of State Brad Raffensperger in early January 2021, when Trump infamously prodded Raffensperger to “find” enough votes for him to overcome Joe Biden’s margin of victory.

    Jones ruled that this phone call “was made regarding private litigation brought by President and his campaign” and was “therefore outside Meadows’ federal role as an executive branch officer.”

    Meadows other actions in late 2020, including contacts with state lawmakers that Trump hoped would help him undermine the election results, also weren’t tied to his government role, Jones concluded.

    “The Court finds that the underlying substance of those meetings and calls were related to political activities and not to the scope of Meadows’s federal office,” the judge wrote.

    The ruling is also a personal blow to Meadows, who took a significant risk by testifying about the removal bid at a recent hearing, where he was questioned under oath by Fulton County District Attorney Fani Willis’ team. Prosecutors could potentially use his testimony against him in future proceedings.

    After the charges against Trump and his 18 co-defendants were filed, the former president’s lawyers signaled they intended to try to move Trump’s case to federal court, just as Trump had unsuccessfully sought to do in his New York criminal case. Trump’s lawyers told the judge overseeing the state case on Thursday that he may seek to move the case to federal court, but they haven’t filed the legal motions yet.

    Trump has 30 days from the time he entered his not-guilty plea to file to move his case.

    CNN has reached out to lawyers for Meadows and Trump for comment.

    In addition to Meadows, Jeffrey Clark, the former Trump administration DOJ official, and three Georgia GOP officials who served as Trump’s fake electors have also filed to move their cases to federal court. Former Georgia Republican Party Chairman David Shafer and former GOP Coffee County Chairwoman Cathy Latham have a joint hearing scheduled on September 20, while the third fake elector seeking federal removal – Shawn Still, a Georgia state senator – has a hearing on September 18.

    While Meadows’ motion was rejected, Shafer, Still and Latham have made a slightly different argument: They say they acted as fake electors at Trump’s direction. But unlike Meadows, who worked in the White House in 2020, the fake electors have a more tenuous link to the federal government, as nominees to serve as real electors for Trump if he won Georgia, who would’ve participated in the federally mandated Electoral College process.

    In his decision Friday, Jones noted that his ruling regarding Meadows “does not, at this time, have any effect on” the other defendants who are also trying to move their case to federal court. Those motions are still pending before Jones, and evidentiary hearings are scheduled for later this month.

    “The Court will assess these Defendants’ arguments and evidence following the forthcoming hearings…. independent of its conclusion” in the Meadows case, Jones wrote.

    There are several reasons why it would be advantageous for Meadows and the other defendants to move their cases to federal court. In addition to making immunity claims under the Constitution’s Supremacy Clause, a federal trial would likely have a jury pool more sympathetic to Trump and his co-defendants.

    While the state courthouse for this case is based in deep-blue Fulton County, the federal court district that includes Fulton also contains the more-Republican northern part of the state.

    At his hearing last month, Meadows surprisingly took the stand trying to help move his case to federal court, testifying for more than three hours about what happened in the White House after the 2020 election.

    Meadows tried to argue that all of his work as the president’s top adviser fit into his role as chief of staff – even when it spilled into politics.

    “It’s still part of my job to make sure that the president is safe and secure and able to perform his job. And that’s what I was doing,” Meadows said, later adding, “serving the president of the United States and … it takes on all kinds of forms.”

    But the Fulton County prosecutors peppered Meadows with questions about how his official job involved things like setting up phone calls involving campaign lawyers, such as Trump’s infamous January 2021 phone call Raffensperger.

    Jones concluded that some of Meadows’ high-stakes testimony on the witness stand was lacking – and even used some of it against him in the ruling.

    “When questioned about the scope of his authority, Meadows was unable to explain the limits of his authority, other than his inability to stump for the President or work on behalf of the campaign,” Jones wrote, saying he would give Meadows’ testimony on that topic “less weight” than the other evidence.

    Jones also cited Meadows’ acknowledgment that the lawyers he included in the phone call with Georgia’s secretary of state were working for Trump or his campaign – not the government.

    Fulton County prosecutors also subpoenaed Raffensperger to testify at Meadows’ hearing, where Raffensperger said plainly there was no role for the federal government in certifying Georgia’s elections.

    “It was a campaign call,” Raffensperger testified.

    This story has been updated with additional details.

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  • First on CNN: Fulton County DA to present Trump election subversion case to grand jury early next week | CNN Politics

    First on CNN: Fulton County DA to present Trump election subversion case to grand jury early next week | CNN Politics

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    CNN
     — 

    An Atlanta-area prosecutor has notified at least two witnesses to appear before a grand jury early next week, the most significant indication of her intention to seek indictments in the investigation of how Donald Trump and others tried to overturn the 2020 election in Georgia.

    Former Georgia Lt. Gov Geoff Duncan, a Republican, said Saturday on CNN that he has been told to appear Tuesday before a Fulton County grand jury to testify about the efforts by Trump and his allies. Independent journalist George Chidi posted on social media later Saturday that he’d been told to appear before the grand jury on Tuesday, too.

    The upcoming appearances signal that Fulton County District Attorney Fani Willis is moving forward with a grand jury presentation where she’s expected to seek charges against more than a dozen people stemming from her investigation into the efforts to overturn the 2020 election.

    The Fulton County probe brings the possibility of a fourth indictment against Trump, taking the GOP frontrunner even further into uncharted legal territory. Trump’s legal troubles have dominated the Republican primary for months, with the former president casting his indictments as politically motivated and frequently utilizing them in fundraising pitches.

    “I did just receive notification to appear on Tuesday morning at the Fulton County grand jury and I certainly will be there to do my part in recounting the facts,” Duncan, a CNN contributor, told CNN’s Fredricka Whitfield on Saturday.

    “I have no expectations as to the questions, and I’ll certainly answer whatever questions are put in front of me,” Duncan said.

    Willis, an elected Democrat, has been eyeing conspiracy and racketeering charges in her probe, which would allow her to bring a case against multiple defendants. The wide-ranging criminal investigation has focused on efforts to pressure state election officials, the plot to put forward fake electors and a breach of voting systems in rural Coffee County, Georgia.

    A spokesperson for Willis declined to comment on Saturday.

    The expected charges would mark the culmination of a nearly three-year investigation, which Willis launched in early 2021 soon after Trump called Georgia Secretary of State Brad Raffensperger and pressured the Republican to “find” the votes necessary for Trump to win the state.

    At a campaign event earlier this week, Trump continued to insist it was a “perfect phone call.”

    The charges in Georgia would follow special counsel Jack Smith’s federal charges against Trump over efforts to overturn the 2020 election, as well as the special counsel’s indictment of Trump for the mishandling of classified documents at his Mar-a-Lago resort in Florida and New York state criminal charges over falsified business records. Trump denies wrongdoing in all cases.

    The witnesses Willis has subpoenaed to testify when she presents her case include Duncan, Chidi and former Georgia state Sen. Jen Jordan, a Democrat. All of them previously testified before a special purpose grand jury tasked with investigating the Trump case, which heard from more than 75 witnesses in all.

    Georgia law is unusual in that special purpose grand juries – which have broad investigative powers – are not permitted to issue indictments. When the subpoenaed witnesses appear before the regular grand jury, those grand jurors will hear the witnesses’ testimony for the first time with a narrower purpose at hand: to approve or reject indictments.

    As her investigation has expanded, Willis has been weighing racketeering charges in the Trump case. RICO – the Racketeer Influenced and Corrupt Organizations Act – is a statute the district attorney has spoken fondly of and used in unorthodox ways to bring charges against teachers as well as musicians in the Atlanta area.

    This story has been updated with additional information.

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  • 2 Trump co-defendants ask judge to break apart Georgia election interference case and hold separate trials | CNN Politics

    2 Trump co-defendants ask judge to break apart Georgia election interference case and hold separate trials | CNN Politics

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    CNN
     — 

    Two Trump co-defendants in Georgia who requested speedy trials asked a judge Wednesday to formally separate their cases from the sprawling overall indictment, a move that would undercut Fulton County District Attorney Fani Willis’ attempt to hold one massive trial for all 19 defendants in the election interference case.

    Former Trump campaign lawyer Sidney Powell and pro-Trump lawyer Kenneth Chesebro separately asked the judge overseeing the case to “sever” their trials from the other defendants. If granted, this would break apart the case and allow their cases to go to trial as soon as October.

    These are the first attempts in court by former President Donald Trump’s co-defendants to break apart the case. The motions filed Wednesday are part of the increasingly convoluted pretrial wrangling among Trump, his 18 co-defendants and Willis, who wants a trial for all 19 defendants to occur in October.

    Powell and Chesebro, who both deny wrongdoing in the case, already invoked their right to a speedy trial, which would need to begin before early November, per Georgia law. Fulton County Judge Scott McAfee ordered Chesebro’s trial to begin October 23. Powell’s request is pending. Trump wants to slow things down and opposes that timeline.

    Trump’s lawyers have also said they want to sever his case from the other defendants but haven’t yet filed a motion in court.

    Raskin: Trump could learn from early Georgia trials

    In the filing, Powell’s attorneys also argued that she “did not represent President Trump or the Trump campaign” related to the 2020 election because she never had an “engagement agreement” with either.

    “She appears on no pleadings for Trump or the Campaign,” Powell’s attorneys wrote. “She appeared in no courtrooms or hearings for Trump or the Campaign. She had no contact with most of her purported conspirators and rarely agreed with those she knew or spoke with.”

    Despite these assertions, Trump publicly announced in mid-November 2020 that he “added” Powell to his “truly great team” of lawyers working on the election. One week later – after she promoted wild conspiracy theories that millions of votes were flipped as part of an international anti-Trump scheme – the Trump campaign dropped her from the legal team and said she was “practicing law on her own.”

    In an effort to distance Powell from the other Trump lawyers charged in the Georgia case, her attorneys pointed out that she “went her own way” after the 2020 presidential election and that “many of her purported coconspirators publicly shunned and disparaged Ms. Powell beginning in November 2020.”

    In the filing, Powell’s attorneys also lauded her legal career and her commitment to “integrity” and “the rule of law.” They also amplified the debunked right-wing claim that her former client, retired Gen. Michael Flynn, was the victim of “charges completely concocted against him by a politicized FBI.”

    Kenneth Chesebro Jan 6

    CNN reveals where accused Trump co-conspirator was on Jan. 6

    Additionally on Wednesday, Chesebro’s attorneys asked the judge to force Willis to “disclose” the identities of the 30 unindicted co-conspirators named in the indictment. Chesebro, who was the architect of the Trump campaign’s fake electors plot, said he needs these names to help his defense.

    Earlier this month, after the indictment was filed, CNN published a report identifying many of the unindicted co-conspirators based on public information that matches what was in the indictment.

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  • FBI working with sheriff’s office after threats to Fulton County officials | CNN Politics

    FBI working with sheriff’s office after threats to Fulton County officials | CNN Politics

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    CNN
     — 

    The FBI is aware that some Fulton County officials have received threats of violence, the bureau’s Atlanta office said in a statement Thursday.

    The threats come days after a local grand jury voted to indict former President Donald Trump and others stemming from their efforts to overturn his 2020 electoral defeat in Georgia.

    The agency did not identify any specific targets, but said, “It is our policy not to discuss details of ongoing investigations. However, each and every potential threat brought to our attention is taken seriously. Individuals found responsible for making threats in violation of state and/or federal laws will be prosecuted.”

    According to the statement, the FBI Atlanta field office is working with the Fulton County sheriff’s office on the investigation.

    The statement comes amid concerns over the safety of the officials and jury members connected to Monday’s indictment and reports that the names, photographs, social media profiles and even the home addresses purportedly belonging to members of the grand jury were circulating on social media. CNN could not independently verify if the photographs, social media accounts and the homes addresses being posted actually belonged to the grand jurors.

    The Fulton County sheriff’s office said in a statement Thursday afternoon that it was “aware that personal information of members of the Fulton County Grand Jury is being shared on various platforms” and that investigators are trying to “track down the origin of threats” against the grand jurors.

    “We take this matter very seriously and are coordinating with our law enforcement partners to respond quickly to any credible threat and to ensure the safety of those individuals who carried out their civic duty,” the statement said.

    As CNN has reported, Fulton County District Attorney Fani Willis was recently assigned additional security protection near her Georgia residence, according to a source with direct knowledge of Atlanta law enforcement movements.

    Willis, who is investigating Trump and his associates for interfering with Georgia’s 2020 election results, has recently urged local officials to stay vigilant about possible security threats. In an email less last month to county officials, the district attorney shared a racist and sexualized message she received and said similar obscene messages had been left via voicemail.

    Trump once again attacked Willis earlier this month at a New Hampshire campaign event, calling the Black district attorney a “racist,” while defending his actions in Georgia around the 2020 election.

    Willis has previously said security concerns have been escalated by Trump’s rhetoric.

    In early 2022, she asked the FBI for help in providing security for buildings and staff one day after Trump called prosecutors investigating him “racists.” The former president asked his supporters to hold “the biggest protests we have ever had” in cities like Atlanta if the prosecutors “do anything wrong or illegal.”

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  • Fact check: Trump falsely claims polls show his Black support has quadrupled or quintupled since his mug shot | CNN Politics

    Fact check: Trump falsely claims polls show his Black support has quadrupled or quintupled since his mug shot | CNN Politics

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    CNN
     — 

    Former President Donald Trump falsely claimed Wednesday that polls show his support among Black Americans has quadrupled or quintupled since his mug shot was released.

    The booking photo was taken on August 24, when Trump was arrested in Fulton County, Georgia, on charges connected to his efforts to overturn his defeat in the state in the 2020 election.

    On Wednesday, Trump claimed in a falsehood-filled interview with conservative commentator Hugh Hewitt that “many Democrats” will be voting for him in the 2024 election because they agree with him that the criminal charges against him in four cases are unfair. He then made this assertion: “The Black community is so different for me in the last – since that mug shot was taken, I don’t know if you’ve seen the polls; my polls with the Black community have gone up four and five times.”

    Facts First: National public polls do not show anything close to an increase of “four and five times” in Black support for Trump since his mug shot was taken, either in a race against President Joe Biden or in his own favorability rating; Trump’s campaign did not respond to CNN’s request to identify any poll that corroborates Trump’s claim. Most polls conducted after the release of the mug shot did find a higher level of Black support for Trump than he had in previous polls – but the increases were within the polls’ margins of error, not massive spikes, so it’s not clear whether there was a genuine improvement or the bump was just statistical noise. In addition, one poll found a decline in Trump’s strength with Black voters in a race against Biden, while another found a decline in his favorability with Black respondents even as he improved in a race against Biden.

    Because Black adults make up a relatively small share of the overall population, they tend to have small sample sizes in national public polls. That means the margins of error for this group are big and the results tend to bounce around from poll to poll. And even if Trump’s recent polling improvement captures a real change in voter sentiment, there is no evidence that change has anything to do with his mug shot, which no poll asked about; it could just as well have to do with, say, the summer increase in the price of gas or any of numerous other factors affecting perceptions of Biden.

    Regardless, Trump greatly exaggerated the size of the recent uptick seen in some polls. Here’s a look at what polls actually show about his recent standing with the Black population, plus a fact check of three of Trump’s many other false claims from the Hewitt interview.

    CNN identified five national public polls that: 1) included data on Black respondents in particular; 2) were conducted after Trump’s mug shot was released on August 24; 3) were conducted by pollsters who had also released polls in the recent past.

    Four of the polls showed gains for Trump among Black respondents, though much smaller gains than the quadrupling or quintupling he claimed to Hewitt.

    Trump gained 3 percentage points with Black respondents in polling by The Economist and YouGov, though within the margin of error – going from 17% against Biden in mid-August to 20% in late August. (The earlier poll asked the Trump-versus-Biden question of Black adults regardless of whether they are registered to vote, while the later poll asked the question to Black registered voters, so the results might not be directly comparable.) At the same time, Trump’s favorability with Black respondents was down 9 percentage points to 18%.

    Trump gained 3 percentage points with Black registered voters between a Messenger/Harris X poll in early July and a survey by the same pollster in late August, edging up from 22% against Biden to 25%. Trump gained 6 percentage points among Black adults in polling by the firm Premise, going from 12% against Biden in an Aug. 17-21 poll to 18% in an Aug. 30-Sept. 5 poll. He gained 8 percentage points among Black registered voters in polling by Republican firm Echelon Insights, going from 14% against Biden in late July to 22% in late August. Based on the sample sizes reported for Black respondents in each poll, all of those changes are within the margin of error.

    One of the five polls, by Emerson College, showed Trump’s standing with Black registered voters worsening after the mug shot was released, though this change was also within the margin of error. In Emerson’s mid-August poll, Trump had about 27% Black support in a race against Biden; in its late-August poll, he had about 19% support.

    In addition to looking at those five polls, we contacted The Wall Street Journal about an Aug. 24-30 poll, conducted jointly by Republican and Democratic pollsters, for which the newspaper has not yet released detailed demographic-by-demographic results. Aaron Zitner, a Journal reporter and editor who works on the poll, told us that Trump’s level of support with Black voters “didn’t change at all” between the paper’s April poll and this new poll, though Biden’s standing declined slightly within the margin of error.

    Exit polls estimated that Trump received 12% of the Black vote in the 2020 election. A post-election Pew Research Center analysis found that he received 8%.

    Mike Pence’s standing in 2016

    Trump made another false polling-related claim to Hewitt.

    This one was about how Mike Pence, Trump’s former vice president and his current opponent for the Republican nomination, had performed in polls during his 2016 campaign for reelection as governor of Indiana. Pence ceased his Indiana campaign when Trump selected him as his running mate in July 2016.

    Trump said Wednesday: “I’m disappointed in Mike Pence, because I took Mike from the garbage heap. He was going to lose. You know, he was running for governor, reelection. He was running for governor again, to continue his term, and he was absolutely, you know – he was down by 10 or 15 points.”

    Facts First: Trump’s claim that Pence was trailing by “10 or 15 points” in his 2016 race is false. It’s true that Pence had faced a tough battle for reelection as governor before he ended the campaign to run nationally with Trump, but no public poll had shown him down big.

    A May 2016 poll (commissioned by a Republican group that was founded by an opponent of Pence’s right-wing stance on gay rights and other issues) had showed Pence with 40% support and his Democratic opponent, John Gregg, with 36% support; the Indianapolis Star called this a “virtual dead heat” because of the poll’s margin of error of plus or minus 4 percentage points, but nonetheless, Pence certainly wasn’t “down by 10 or 15 points” like Trump said. An April 2016 poll had showed Pence with 49% support to Gregg’s 45%, again within the margin of error but not with Pence trailing.

    “There would not be any poll that would show Pence down 10-15 points to John Gregg at that time or frankly at any point even if Pence had stayed for the reelection campaign,” Christine Matthews, the president of Bellwether Research & Consulting and a Republican pollster who conducted surveys during that 2016 race in Indiana, including the May 2016 poll mentioned above, told CNN on Wednesday. Matthews said Pence could possibly have lost the race if he had remained in it, “but no poll would have shown him down by 10-15 points in that process.”

    Alabama, Georgia and South Carolina in 2020

    Trump repeated his usual lies about the 2020 election – saying, among other things, that “it was rigged and stolen.” In support of those lies, he said: “One of the top people in Alabama said you don’t win Alabama by 45 points or whatever it is I won, and then win South Carolina in a record, nobody’s ever gotten that many votes, and then you lose Georgia by just a couple of votes. It doesn’t work that way.”

    Facts First: Trump hedged his claim that he won Alabama by “45 points,” adding the “whatever it is I won,” but the “45 points” claim is not even close to correct no matter what “one of the top people” told him; he won Alabama by about 25.5 percentage points in 2020. He lost Georgia by far more than “just a couple of votes”; it was 11,779 votes. And while he did earn a record number of votes in South Carolina, he did not win the state with anything close to a “record” margin of victory; his roughly 11.7-point margin in 2020 was about 2.6 points smaller than his own margin in 2016 and also smaller than the margins earned by numerous previous winners.

    In addition, Trump’s claim that “it doesn’t work that way” – winning some states big while losing a nearby state – is also baseless. Even neighboring states are not the same. Georgia, which Trump lost fair and square, has key demographic and social differences from South Carolina and Alabama, as we explained in a previous fact check.

    Polls and election results weren’t the only things Trump exaggerated about in the interview.

    He invoked the price of bacon while criticizing the Biden administration for speaking positively about the state of inflation, which has declined sharply over the last year but remains elevated. “They try and say, ‘Oh, inflation’s wonderful.’ What about for the last three years, where bacon is five times higher than it was just a few years ago?”

    Facts First: Trump’s claim that the price of bacon has quintupled over the last few years is grossly inaccurate. The average price of bacon is higher than it was three years ago, but it is nowhere near “five times higher.” The average price for a pound of sliced bacon was $6.236 per pound in July 2023, up from $5.776 in July 2020, according to federal data – an increase of about 8%, nowhere near the 400% increase Trump claimed.

    You can come up with a larger percentage increase if you start the clock at a different point in 2020; for example, the July 2023 average price is a 13.4% increase from the February 2020 average price. But even that larger increase is way smaller than Trump claimed.

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  • Two more Trump co-defendants plead guilty. What next? | CNN Politics

    Two more Trump co-defendants plead guilty. What next? | CNN Politics

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    A version of this story appeared in CNN’s What Matters newsletter. To get it in your inbox, sign up for free here.



    CNN
     — 

    With the frightening Israel-Hamas war and a major spoke of the US government – the House of Representatives – unsolvably speakerless and in a state of paralysis, a pair of guilty pleas in a Georgia courtroom almost feels like Page 2 news.

    But these particular guilty pleas this week come from two of former President Donald Trump’s co-defendants, the second and third such admissions of guilt in the criminal case brought against him for trying to overturn Georgia’s 2020 presidential election result.

    • Sidney Powell, a public face of Trump’s attempts to challenge the election results in 2020 and 2021, pleaded guilty Thursday. The former Trump attorney will avoid jail time but agreed to testify as a witness and pleaded guilty to six misdemeanors for conspiracy to commit intentional interference, downgraded from felony charges she had faced.
    • Kenneth Chesebro, a less public face of the effort, was an attorney who helped engineer the fake electors plot. He pleaded guilty Friday to a single felony, conspiracy to commit filing false documents. He’s also likely to avoid jail time.
    • Scott Hall, a bail bondsman, pleaded guilty last month after being accused of conspiring to unlawfully access voter data and ballot-counting machines at the Coffee County election office on January 7, 2021.

    That leaves Trump and 15 other co-defendants awaiting trial in the case. Trial dates have not been set, and Trump has pleaded not guilty.

    Along with the three other upcoming criminal trials in New York, Washington, DC, and Florida and the ongoing civil trial in New York, the Georgia proceedings are part of a complicated web of legal problems percolating beneath the 2024 election.

    Chesebro admitted to entering into a conspiracy specifically with Trump to create a slate of fake electors in Georgia, along with two other attorneys, Rudy Giuliani and John Eastman.

    CNN legal analyst and former federal prosecutor Elliot Williams noted that the Georgia case, brought by Fulton County District Attorney Fani Willis, has had its detractors, because it included 18 co-defendants along with Trump, which could make it seem politically motivated.

    But guilty pleas, Williams said, are now evidence that crimes were committed as Trump tried to make Joe Biden’s 2020 victory disappear.

    “This ought to pour cold water on the notion that this was just a partisan witch hunt to target the president and his allies,” Williams told Jim Sciutto on CNN Max.

    CNN’s report on his guilty plea notes that “Chesebro acknowledged in the plea that he ‘created and distributed false Electoral College documents’ to Trump operatives in Georgia and other states, and that he worked ‘in coordination with’ the Trump campaign.”

    All but one charge against Chesebro was dropped, and he has agreed to testify at trial.

    Just because Powell’s plea agreement did not mention Trump does not mean she might not be asked about him under oath, as CNN’s Marshall Cohen notes:

    Most notably, Powell attended a White House meeting on December 18, 2020, where some of Trump’s most extreme supporters encouraged him to name her as a special counsel to investigate supposed voter fraud, to consider declaring martial law and to sign executive orders that would direct the military to seize voting machines.

    Cohen adds that whatever Powell tells Georgia prosecutors could be used in the federal election subversion case brought by special counsel Jack Smith.

    One gag order was issued by Judge Tanya Chutkan, who is overseeing the federal 2020 election subversion case in Washington, DC. Trump is appealing, arguing she “took away my right to speak,” and on Friday Chutkan put a temporary freeze on the order.

    Chutkan has been insistent that the federal case get underway on schedule, in March, at the pinnacle of primary season.

    Trump made those comments about his freedom of speech as he entered a courtroom in New York, where he faces a civil fraud trial brought by the state attorney general. He is also under a gag order in that case, and that judge, Arthur Engoron, fined Trump $5,000 on Friday for violating the gag order after a social media post targeting a court employee was left up on Trump’s campaign website.

    Engoron said future violations could even ultimately lead him to imprison Trump.

    The court developments are an important reminder that as Trump cruises toward the Republican presidential nomination, at least according to public opinion polls, he is also in very real legal peril – something Trump acknowledged, before the gag-order-related threat from Engoron in New York, when the former president talked about the prospect of prison during an event in Clive, Iowa.

    “What they don’t understand is that I am willing to go to jail if that’s what it takes for our country to win and become a democracy again,” Trump said at the rally.

    There is some bizarre irony in the comments since he’s charged in connection with trying to subvert an election, one of the fundamental pillars of democracy.

    Former New Jersey Gov. Chris Christie, who is among those challenging Trump for the Republican presidential nomination, said on CNN that he doesn’t believe Trump is willing to go to jail.

    “The last place he wants to spend five minutes is in jail,” Christie said. He complained that Trump has failed to appear at Republican presidential debates.

    “Donald Trump doesn’t want any legitimate debate or discussion about his conduct,” Christie said.

    Republicans like Christie are running out of time and opportunity to challenge Trump. Another debate is scheduled for November 8 in Miami, but Christie has not yet qualified. NBC is sponsoring the debate, along with the right-wing outlets Salem Radio Network and Rumble.

    Oliver Darcy, CNN’s senior media reporter, argues the arrangement creates strange bedfellows.

    “It’s no surprise that the GOP, which veered sharply to the right during Donald Trump’s presidency, would select Salem and Rumble as partners,” Darcy writes, “but it is striking that NBC News would agree to link arms with such organizations.”

    Anti-Trump Republicans want some of the candidates challenging him to drop out of the race so that the opposition can coalesce around an individual alternative. The debate stage November 8 is expected to be much smaller, perhaps with only a few people.

    But don’t expect the former president to show. Trump is planning a rally nearby to draw attention away from his rivals.

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  • What to know about the Georgia probe into Trump’s 2020 election subversion | CNN Politics

    What to know about the Georgia probe into Trump’s 2020 election subversion | CNN Politics

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    CNN
     — 

    Former President Donald Trump is facing a potential fourth indictment, this time in Georgia, where state prosecutors may soon bring charges over his attempts to overturn the 2020 election results there.

    Fulton County District Attorney Fani Willis, a Democrat, launched the probe in early 2021 and has investigated Trump’s attempts to pressure Georgia officials into interfering with the vote tally, the “fake electors” scheme to subvert the Electoral College and other efforts to undo the will of the voters.

    Many of these incidents also factored into Trump’s federal indictment on charges related to the 2020 election aftermath. (Trump pleaded not guilty last week to four federal charges in that case.) That probe, led by special counsel Jack Smith, is separate from the state-level inquiry in Georgia.

    Willis is expected to spend one or two days presenting her case before a grand jury next week, likely starting Monday. At least two witnesses have publicly confirmed that they were called to testify in front of the grand jury Tuesday.

    Trump has vehemently denied wrongdoing, as have his allies who are also under scrutiny in the probe. The former president has lashed out at Willis, who is Black, calling her “racist” and a “lunatic Marxist.”

    Here’s what to know about the investigation.

    Candidate Joe Biden beat Trump in Georgia by 11,779 votes, or about 0.23% of nearly 5 million ballots cast. Biden’s razor-thin victory was confirmed by two recounts and certified by Gov. Brian Kemp and Secretary of State Brad Raffensperger, both Republicans.

    Instead of conceding, Trump launched a multi-pronged effort to overturn the results, including a pressure campaign targeting key state officials. Trump wanted them to abuse their powers to “find” enough votes to flip the results, or to block Biden’s victory from being certified. They refused.

    “So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state,” Trump said in a phone call to Raffensperger on January 2, 2021.

    When these efforts failed, Trump urged Georgia lawmakers to convene a special session of the GOP-run legislature so they could overturn Biden’s victory. Trump allies, including his attorney Rudy Giuliani, presented bogus fraud claims to the state House and Senate at hearings in December 2020. The Trump campaign, with outside lawyers who supported their cause, filed meritless lawsuits that tried to overturn the Georgia results.

    Trump’s campaign also recruited a group of GOP activists in Georgia to serve as fake electors, who were part of a seven-state scheme to undermine the Electoral College. These fake slates of electors played a key role in Trump’s ill-fated plot to stop Congress from certifying Biden’s victory on January 6, 2021.

    At the same time, Trump tried to weaponize the Justice Department to help him intervene in Georgia and elsewhere. He tried to cajole top Justice Department officials and federal prosecutors in Atlanta into falsely announcing that the election was “corrupt” and that Biden’s win was tainted by massive fraud.

    There were also efforts by Trump supporters to breach a voting system in rural Coffee County, Georgia, in hopes of proving that the election was rigged. CNN reported on Sunday that Willis’ investigators have obtained text messages connecting the Coffee County breach to Trump’s legal team.

    Some Trump supporters also allegedly tried to intimidate a Fulton County election worker into falsely admitting she was part of a massive anti-Trump fraud scheme in 2020.

    Trump is obviously at the center of the probe. The foreperson of the special grand jury that previously heard evidence in the case suggested in a series of interviews that the panel recommended charges against Trump, and that there was a long list of potential co-defendants. CNN recently reported that Willis is expected to seek more than a dozen indictments.

    Prosecutors have notified some key players that they are targets of the investigation. This includes Giuliani, who was an unindicted co-conspirator in Trump’s federal indictment on 2020-related charges.

    The 16 Republican activists who served as fake electors, including the chair of the Georgia Republican Party, also got target letters, though some decided to cooperate with prosecutors.

    Earlier in the investigation, Willis said her team was investigating a wide array of potential crimes. This included solicitation of election fraud, making false statements to state and local government bodies, conspiracy, racketeering, violation of an oath-of-office, and involvement in election-related threats.

    CNN reported in March that prosecutors were eying racketeering and conspiracy charges. Willis has previously used Georgia’s state RICO laws – which stands for “racketeer influenced and corrupt organizations” – to prosecute gangs and even public school officials who oversaw a cheating scheme.

    Willis’ team is expected to spend one or two days presenting their case before the grand jury. To secure an indictment in the Trump investigation, 16 of the 23 voting grand jury members would need to be present. Once that quorum is established, 12 votes would be needed to hand up an indictment.

    CNN has previously reported that some key witnesses were recently subpoenaed to appear, presumably as part of Willis’ upcoming presentation. This includes former Georgia Lt. Gov. Geoff Duncan, a Republican who is now a CNN political contributor, and former state Sen. Jen Jordan, a Democrat.

    Duncan told CNN’s Fredricka Whitfield on Saturday that he had received a notice to testify in front of the grand jury Tuesday. Shortly after, independent journalist George Chidi, who had also been subpoenaed, shared on social media that he had also received a similar notice.

    When a grand jury approves an indictment, a prosecutor and court officials typically walk the paperwork to the courtroom of the presiding Superior Court judge. That group then usually presents the stack of papers to the presiding judge, who reviews and signs them, and hands back the signed papers. The group then walks the signed indictments to the clerk’s office, where case numbers are assigned.

    Willis was elected Fulton County district attorney in November 2020 after defeating her former boss, a six-term incumbent, in the Democratic primary earlier that year. She was sworn in on January 1, 2021, just one day before Trump’s infamous call with Raffensperger.

    She is the first woman to hold the post in Fulton County, which is home to most of Atlanta, and includes some of the nearby suburbs. (Biden won approximately 73% of the vote in Fulton County in 2020.) She is up for reelection next year, so she might be leading an historic trial while also campaigning for votes.

    Asked by CNN in 2022 about potentially prosecuting a former president, she said, “What I could envision is that we actually live in a society where Lady Justice is blind, and that it doesn’t matter if you’re rich poor, Black, White, Democrat or Republican. If you violated the law, you’re going to be charged.”

    Trump has hammered Willis throughout the process, accusing her of partisan bias and claiming she is only pursuing the probe to fuel her future political ambitions. His critiques are largely unsupported, though Willis made a significant misstep last year, when she hosted a fundraiser for the Democratic opponent of one of the people she was investigating, Georgia Lt. Gov. Burt Jones, a Republican.

    Jones – who was one of the fake electors in Georgia – successfully sought a court order blocking Willis from further investigating him. Fulton County Superior Court Judge Robert McBurney, who issued the order, said it was a “‘what are you thinking moment” for Willis and that “the optics are horrific.”

    But McBurney, who presided over the special grand jury and related matters, has also praised Willis’ handling of the investigation. In a recent ruling in a related case, he contrasted her professional conduct with the “stream of personal invective flowing from” Trump and his lawyers.

    “Put differently, the District Attorney’s Office has been doing a fairly routine – and legally unobjectionable – job of public relations in a case that is anything but routine,” McBurney wrote.

    The federal election-subversion charges against Trump overlap with the Georgia probe in a big way, but the investigations are separate. If Trump is charged in Georgia, some procedural and logistical challenges may arise, such as deconflicting the schedule of the state case with the federal case.

    If Trump wins the 2024 presidential election, he could order the Justice Department to drop the cases and could pardon himself.

    But the Georgia case – a state-level prosecution – might still move forward.

    Trump has responded to the Georgia investigation with a steady stream of attacks against prosecutors, and by resurrecting many of his debunked lies that the 2020 election was rigged.

    He has also repeatedly invoked race in his public rants against Willis. At a campaign rally Tuesday, Trump called Willis “a young woman, a young racist” and baselessly claimed she has ties to gang members.

    Trump’s lawyers tried to essentially neuter the probe – by filing a motion with the judge who oversaw the special grand jury, and by separately asking the Georgia Supreme Court to intervene. They wanted a court order to block Willis from using the evidence she gathered in any future criminal or civil case. These legal moves were seen as a long shot, and they were rejected in the past few weeks.

    This story has been updated with additional information.

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  • ‘Crooked Coffee’: The alleged election office breach in the Trump indictment was part of a years-long pattern, some locals say | CNN Politics

    ‘Crooked Coffee’: The alleged election office breach in the Trump indictment was part of a years-long pattern, some locals say | CNN Politics

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    Douglas, Georgia
    CNN
     — 

    The breach of the Coffee County elections office can seem almost out of place in the 97-page Georgia indictment of former President Donald Trump and associates.

    The sprawling racketeering allegations spread from centers of power with pressure on the vice president to ignore the Constitution, reported calls to secretaries of state to change vote counts, and the creation of slates of fake electors for Congress. They also include the invitation of a tech team to a non-public area of a small-town administration building.

    But to some people in Coffee County, deep in southern Georgia and far from interstates, the alleged crimes were merely the latest chapter in a local history of failing to secure the rights and votes of residents. And they worry it’s a history that will repeat.

    Among the 19 mugshots that flowed from the charges brought 200 miles north in Atlanta were faces that were familiar in Douglas, the seat of Coffee County.

    Prosecutors allege that former county Republican Party chair Cathy Latham and former elections supervisor Misty Hampton helped to facilitate employees from a firm hired by Trump attorneys to access and copy sensitive voter data and election software. Surveillance video captured Latham waving the visitors inside, and Hampton in the office as they allegedly accessed the data. Both have pleaded not guilty.

    Mike Clark, owner of some small businesses in Douglas, said he was struck by the way the surveillance footage showed the election officials entering the building in broad daylight. “You walk inside the voter registration office with no mask on, and they just give you the votes. They just give them to you! Why? Why would that be?” Clark said. “That shows you right there it ain’t just started. It’s always been just like that.”

    Coffee County businessowner Mike Clark said the ground was laid for the alleged election breach long ago.

    Douglas City Commissioner Kentaiwon Durham agreed. “That’s what power and privilege do. It makes you feel as if you can do anything you want to do,” he said. “They thought they were above the law and above the Constitution.” Durham, who like Clark is Black, thought it would be “a whole different ballgame” if it were his face in the surveillance footage.

    Douglas is a majority Black city, and the surrounding Coffee County is about 68% White and 29% Black. Like many places in the South, Black citizens have had to fight for democratic rights in court – repeatedly suing for representative districts for the election of local officials since the 1970s. In the late summer, it’s unbearably hot – so hot that if you sit outside too long people ask if you’re crazy. If you have a latent southern accent, the town will draw it out.

    When CNN asked local people how to put the alleged election office breach in the broader context of voting rights in the county, nearly everyone suggested we speak to “Miss Livvy.” Olivia Coley-Pearson is a Douglas city commissioner, the first Black woman elected to the position. She’s a tall woman who wore a Barbie-pink blazer when we met, and like many others CNN spoke with in Coffee County, she saw the involvement of her county in the alleged Trump scheme as part of a long local pattern of voter suppression and intimidation.

    “There’s power – a certain amount of power and control when you’re in certain offices,” Coley-Pearson told CNN. “Some people will do whatever it takes to maintain it. … And if it takes voter intimidation to do it, some people willing to intimidate to maintain that power and control.”

    Olivia Coley-Pearson was arrested, charged and acquitted of a crime for accompanying a voter who legally asked for assistance.

    Coley-Pearson, named a “human rights hero” by the American Bar Association, follows in the footsteps of her mother, who was a political activist in Coffee County in the 1970s, the decade after segregationist Gov. Lester Maddox had picked the county to host many of his speeches. Gladys Coley is commemorated with others in a memorial plaque for fighting for civil rights in Douglas and across the county.

    Coley-Pearson is well-known for helping people who may need a ride to the polls. Not everyone around town appreciates her efforts, however. In a Facebook Live video posted a couple days before the alleged breach, Latham complained about Coley-Pearson’s get-out-the-vote efforts for Georgia’s runoff elections to the US Senate.

    “Olivia Pearson’s up to her normal – handing out hamburgers and hot dogs … to people who voted and stuff,” Latham said, running her fingers through her cropped blonde hair in apparent exasperation. “So, all kinds of things happening in Coffee County just to get people to come vote. Yeah, it’s not a really good situation down here.”

    Former county GOP chair Cathy Latham, pictured in her booking photo, escorted visitors to the election office days after urging people to

    Latham urged her viewers to vote. “We got to out-vote the fraud,” she said. She has not responded to CNN’s request for comment.

    Coley-Pearson had tangled with local officials over voter access several times. Georgia law allows people who are disabled or illiterate to get assistance in voting, and Coley-Pearson helped with that in the 2012 election. At the time, it seemed uneventful.

    But Coffee County officials complained to the Georgia secretary of state’s office that she helped people who didn’t qualify for assistance. It led to a years-long investigation, and though the state didn’t prosecute her, she was charged locally with two felonies. After one trial ended in a hung jury, she was found not guilty in the second in 2018.

    The city of Douglas is majority Black and the surrounding Coffee County is majority White.

    Then, during early voting in October 2020, Coley-Pearson asked a question about the buttons on a voting machine, sparking a confrontation with then-election supervisor Misty Hampton. Coley-Pearson says Hampton was “hollering” that she must not touch the machine. Hampton, who is White, has said in a deposition that she spoke in a “normal voice” and told Coley-Pearson she was being “disruptive.” The voter Coley-Pearson assisted said in a deposition she felt afraid of Hampton.

    Coley-Pearson left the polling place to pick up another voter, Rolanda Williams. In the meantime, Hampton called the police. “She’s out here touching my darn machines,” Hampton told the police, as recorded in a police video. At one point, after saying Coley-Pearson had improperly touched the ballot, Hampton said, “I don’t care what I got to file, what I got to do, she is not to come back to my office. If I have to say I feel threatened I don’t care. Because I do!” Hampton has not responded to CNN’s request for comment.

    When Coley-Pearson returned to the polling place with Williams and stepped out of the car, she was met by police officers. They said she was banned from the property for yelling, she remembers. “I guess they didn’t like me asking why, and I got arrested. I was put in handcuffs,” Coley-Pearson said, beginning to cry at the memory.

    “She was telling the cop that the handcuffs were too tight. And to me, he was trying to get them tighter,” Williams, the voter Coley-Pearson was driving, told CNN. When Williams went inside the polling place, she said Hampton began asking her questions. “She was asking me where I work – which, I felt was none of her business. … She actually pulled up a Facebook page of mine. And I felt like I was into some type of trouble or something.”

    “I was scared and fearful,” Williams said. “I didn’t want to go back up there to vote. And I won’t go back and vote, because of everything that’s going on. I didn’t understand why they call this ‘Crooked Coffee.’ But now I understand.”

    Coley-Pearson is now suing the city and election officials over her treatment. The city says it did not violate her constitutional rights.

    Disappointment and fear

    Many locals said the town was divided, though not neatly along racial lines. Jim Hudson, a White man with white hair and a neatly tucked-in button-down shirt, has been pushing local officials to appoint an independent counsel to investigate what happened around the apparent breach and advise how to make sure it never happens again.

    A retired lawyer, Hudson said he was “shocked … and very disappointed, and hurt” when he started researching what happened. His investigation had gone deep, reading transcripts of depositions in a related court case and analyzing the surveillance video from the election office. “I still feel that way, because of the failure of the commissioners as well as the board of elections to take action.”

    Hudson was distressed by the sense he hadn’t known the county as well as he’d thought. “It’s my home,” he said. “I’ve been here many years. I’m going to die here. And I want a place that we can all be proud of.”

    Hampton resigned in February 2021 as election supervisor over falsifying timesheets.

    New election supervisor Christy Nipper said residents had come to her office asking if their votes would be counted.

    Christy Nipper, the new election supervisor, said, referring to the breach, “There’s not a lot of people anywhere in the county that I’m aware of that have spoken a lot about it.” She said she felt a responsibility to do so. “Obviously, I feel like the public needs reassurance, and it’s going to be hard to move past this if we don’t give them that. I feel like they deserve it,” Nipper said. She said she tried to do so when citizens came into her office asking if their votes would be counted. The breach had not changed the vote totals, she said, and she would not let anyone into the secure election data area.

    CNN often encounters people who have smart things to say but are scared to speak publicly, fearing a social media pile-on from strangers. But in Douglas, people feared backlash from people they know in town. Mickeayla Clark, head of the Coffee County Democrats, said some were afraid they’d risk their livelihoods if they spoke out.

    A woman at a bar asked CNN to follow her outside for a smoke. She said she was afraid she wouldn’t be welcome back if she talked, but she did anyway. She said she was for Trump all the way – she voted for him in 2020 and would do it again – but, speaking of the alleged breach, she said, “That election sh*t wasn’t right. They shouldn’t have done that.”

    Tommy Crozier and Zip Grantham, right, argued the end of official segregation showed racial discrimination was also gone from Coffee County.

    The bar crowd tipped CNN off to a group of older White men known for holding court over breakfast every morning at the restaurant Hog-N-Bones. After debating with CNN the meaning of the Sermon on the Mount, Zip Grantham and Tommy Crozier agreed to an interview. They said they didn’t think there was racial discrimination in the county anymore – Black people, they said, could serve in the military and learn at the same schools. The men said they’d vote for Trump in the 2024 election if he was the Republican nominee, but maybe not in the primary.

    “Do I like Trump? I wouldn’t want him sitting at the table with me this morning talking,” Grantham said. “But yeah, I think he had good values.”

    Still, he said of the former president, “maybe he should be held responsible.”

    And with the spotlight on Coffee County, city commissioner Durham said he welcomed a reckoning.

    Of Latham, Hampton and the others indicted, he quoted his grandma: “You make the bed up, you gotta lay in it.”

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  • Trump asks judge to dismiss Georgia election subversion charges against him | CNN Politics

    Trump asks judge to dismiss Georgia election subversion charges against him | CNN Politics

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    CNN
     — 

    Former President Donald Trump is asking a court to dismiss several criminal charges against him in the Georgia 2020 election interference case.

    His filings on Monday are Trump’s opening salvo of legal arguments to challenge the state-level charges.

    The filings indicate Trump wants to adopt the legal arguments his racketeering co-defendants Rudy Giuliani, Kenneth Chesebro and Ray Smith have already made in court filings.

    Giuliani filed his challenge Friday, asking Fulton County Superior Court Judge Scott McAfee to toss his indictment due to “deficiencies,” his lawyers argued, that render it invalid. Chesebro, the pro-Trump lawyer who devised the “fake electors” scheme, filed a similar challenge last month that argued the indictment “fails to sufficiently set out the charge or any violation of the law.”

    Smith, an attorney for Trump’s 2020 campaign in Georgia, filed his extensive motion challenging the indictment also on Monday, arguing that the indictment had “voluminous” defects and that the state failed to meet the racketeering statute.

    Motions like these are common at the start of a criminal case, and they are rarely successful.

    The former president is asking for the state charges to be tossed even as he has indicated in court filings that he may ask for the case to be moved to federal court, where he can try to invoke protections for federal officials.

    Trump faces 13 counts – including racketeering, conspiracy charges and soliciting a public official to violate their oath of office – in the sprawling indictment brought by Fulton County District Attorney Fani Willis last month against him and 18 co-defendants for their roles in attempting to reverse Georgia’s 2020 election results. All 19 defendants – including Trump, Giuliani, Chesebro and Smith – have pleaded not guilty in the case.

    This story has been updated with additional information.

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  • Fulton County D.A. receives racist threats as charging decision against Trump looms

    Fulton County D.A. receives racist threats as charging decision against Trump looms

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    Trump faces possible indictment in Georgia


    Trump faces possible indictments in Georgia, Jan. 6 investigations

    05:03

    District Attorney Fani Willis warned Fulton County commissioners this weekend they should “stay alert” over the next month, according to emails obtained by CBS News. 

    She pointed to a threatening email she received last week with a subject line reading, “Fani Willis = Corrupt N*****.” The body of the email said, “You are going to fail, you Jim Crow Democrat whore.”  

    Willis said the message was “pretty typical” of what her office has been receiving and said she is aware of “equally ignorant voicemails” that have come into the county office and to her own office. She said she expects more over the next month. The Atlanta Journal-Constitution first reported Wills’ warning to the county commissioners. 

    “I took an oath. No one other than the citizens of Fulton County put me in this seat. I have every intention of doing my job. Please make decisions that keep your staff safe,” Willis wrote. 

    In response, the Fulton County solicitor general called the message “reprehensible” and said his office’s investigative team is making modifications to “align us with other law enforcement partners within the county.” 

    Over the weekend, Willis told NBC affiliate WXIA that security is being increased around the county courthouse and said she’s “ready to go” following her 2 1/2-year investigation into alleged efforts by former President Donald Trump and his allies to upend President Joe Biden’s 2020 presidential election victory in Georgia. 

    A special grand jury was convened in May 2022 to investigate those alleged efforts, and it issued a report earlier this year, with a unanimous finding that “no widespread fraud took place in the Georgia 2020 presidential election that could result in overturning that election.” Portions of the report remain sealed.

    Monday marks the opening day of the three-week window that Willis cited for a potential decision on whether to charge former President Donald Trump, members of his administration, allies or so-called “fake electors” who sought to overturn Georgia’s presidential election results. Two regular grand juries were sworn in earlier this month, and one of them could eventually hear evidence presented by Willis. Orange barricades have been set up around part of the Fulton County courthouse.

    A Georgia judge on Monday rejected Trump’s request to quash a report by a special grand jury in Fulton County about his conduct after the 2020 election and to disqualify Willis from further involvement in the case. 

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  • Brain-eating amoeba death in Georgia

    Brain-eating amoeba death in Georgia

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    Brain-eating amoeba death in Georgia – CBS News


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    A rare brain-eating amoeba death has been recorded in Georgia. The unidentified victim is believed to have been infected when swimming in a freshwater lake or pond.

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  • ‘We’re Ready To Go’ On 2020 Election Case Charging Decisions: Fulton County DA

    ‘We’re Ready To Go’ On 2020 Election Case Charging Decisions: Fulton County DA

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    Fani Willis, the Fulton Country district attorney who opened a wide-ranging investigation into Donald Trump and his allies’ efforts to undo the 2020 presidential election result in Georgia, said she is on track to deliver a decision on charges by Sept. 1.

    Willis initiated the probe in early 2021, following the disclosure of then-President Donald Trump’s phone call to Georgia’s Secretary of State Brad Raffensperger asking him to “find 11,780 votes.”

    “The work is accomplished,” Willis told Atlanta TV station 11Alive over the weekend. “We’ve been working for two-and-a-half years. We’re ready to go.”

    Willis will seek an indictment before Aug. 18 by a grand jury empaneled this month in Atlanta, The Associated Press reported on Monday.

    Willis’ investigation has also looked at the fake elector scheme as well as baseless claims of election fraud made by Trump allies, including his former personal attorney Rudy Giuliani.

    Willis told 11Alive she is prepared for her decisions to be unpopular with some Americans.

    “Some people may not be happy with the decisions that I’m making,” she said. “And sometimes, when people are unhappy, they act in a way that could create harm.”

    Last week, barricades were put up outside the Fulton County courthouse, raising anticipation that charging decisions are near.

    Willis said she wrote to Sheriff Patrick “Pat” Labat requesting additional security measures.

    “I think that the sheriff is doing something smart in making sure that the courthouse stays safe,” she said.

    Meanwhile, a judge set a hearing for Aug. 10 on Trump’s motion to disqualify Willis from the case and toss the special grand jury report.

    “The whole of the process is now incurably infected,” Trump’s motion says. “And nothing that follows could be legally sound or publicly respectable.”

    Trump has already been indicted twice, first in New York over his role in a hush money payment scheme involving adult film actress Stormy Daniels, followed by federal criminal charges over his alleged mishandling of classified documents.

    He has pleaded not guilty in both cases.

    The former president said he also expects to be indicted in Justice Department special counsel Jack Smith’s investigation into Trump’s efforts to overturn Joe Biden’s 2020 election win.

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  • Rudy Giuliani Concedes He Made Defamatory Statements About Georgia Poll Workers

    Rudy Giuliani Concedes He Made Defamatory Statements About Georgia Poll Workers

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    Rudy Giuliani, Donald Trump’s former personal attorney, conceded in a court filing Tuesday that he made defamatory statements concerning two Georgia poll workers.

    Fulton Country election workers Ruby Freeman and Wandrea Moss sued Giuliani for defamation in December 2021. They claim the former New York City mayor falsely asserted that the pair committed election fraud to hurt Trump in Georgia in 2020.

    In the new filing, Giuliani said one of the reasons for the stipulation was “to avoid unnecessary expenses in litigating what he believes to be unnecessary disputes.”

    While Giuliani conceded he made defamatory and false statements, he did not admit those statements caused damage to the pair, and argued those concessions don’t prevent him from asserting constitutional speech protections.

    “Defendant Giuliani, for the purposes of this litigation only, does not contest that, to the extent the statements were statements of fact and otherwise actionable, such actionable factual statements were false,” the filing said.

    Giuliani was a key player in Trump’s attempt to overturn the 2020 election. He spread baseless conspiracy theories on behalf of the then-president and helped lead efforts to challenge election results in key battleground states. Investigators with special counsel Jack Smith’s probe into the Jan. 6, 2021, insurrection have spoken with Giuliani, as well.

    Ted Goodman, a political adviser to Giuliani, said the filing was an effort to move the case along.

    “Mayor Rudy Giuliani did not acknowledge that the statements were false but did not contest it in order to move on to the portion of the case that will permit a motion to dismiss,” Goodman said in a statement.

    “This is a legal issue, not a factual issue. Those out to smear the mayor are ignoring the fact that this stipulation is designed to get to the legal issues of the case,” he added.

    Lawyers for Freeman and Moss haven’t commented on the filing as of Wednesday morning.

    Last month, Giuliani was sanctioned by U.S. District Judge Beryl Howell for failing to search for and produce documents requested by Freeman and Moss’ lawyers. He has also been ordered to pay the election workers’ attorney fees and costs related to the requests for those files.

    The pair have also testified before the House select committee investigating the Jan. 6 insurrection about the detrimental effect the conspiracy theories about them had on their lives.

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