Georgia

Subterms

    More stories

    • 188 Shares169 Views

      in US Politics

      A Black prosecutor was elected in Georgia – so white Republicans made their own district

      by

      Since 1870, the Augusta judicial circuit has been home to the criminal justice system of a three-county area on Georgia’s border with South Carolina. In that time, no African American has been elected district attorney of the circuit – until 2020, when a Black lawyer named Jared Williams upset a conservative, pro-police candidate with just more than 50% of the vote.But that historic win was short-lived. The day after his election, a lawyer and state lawmaker in the area proposed something unusual: that the circuit’s whitest county separate itself from the Augusta circuit, creating a new judicial circuit in Georgia for the first time in nearly 40 years.“Does the board of commissioners want to be there [sic] own judicial circuit,” Barry Fleming, a Republican state legislator from nearby Harlem, asked the Columbia county commission chair, Doug Duncan, in a text message.Duncan supported the plan, and in December 2020 issued a resolution asking the area’s lawmakers, including Fleming, to introduce legislation that would separate Columbia county from the judicial circuit it had been a part of for 150 years. Fleming’s bill passed with bipartisan support.The split caused the disenfranchisement of the old circuit’s Black voters, voting advocacy organization Black Voters Matter Fund contended in a lawsuit that was eventually dismissed by the state supreme court. Those voters had chosen Williams, who ran on a pledge to uphold criminal justice reforms such as not prosecuting low-level marijuana possession, a crime which disproportionately affects Black and minority communities.Instead of Williams, Black voters in Columbia county got as their prosecutor Bobby Christine, a Trump-appointed US attorney who was appointed by the Republican governor, Brian Kemp. Christine then chose Williams’s opponent as his chief deputy.Voting advocates say the circuit split is an example of the type of minority rule that Republicans are accused of engaging in across the US.“There was a time when as we started to win these elections, white people would leave,” said Cliff Albright, executive director of Black Voters Matter Fund. “But now they’ve figured out, we don’t actually have to leave, we can just change the jurisdiction. It is a way, even when the political minority is losing, to hold on to the mechanism of coercion through the courts and law enforcement.”Despite voting advocates’ opposition, the circuit split had bipartisan support and was welcomed by some Black Democrats in the legislature, who argued that a backlog of felony cases in Richmond county could be reduced if the circuit were smaller and didn’t include Columbia county.Fleming and Duncan did not respond to requests for comment. In response to a public records request, Duncan’s office said it had no communications with Fleming related to the Augusta split.The splitting of the Augusta judicial circuit and the resulting creation of the new Columbia judicial circuit is not the only split to have been proposed in recent years. Nor is it the only split to have involved Fleming, a hardline conservative lawyer who was the architect of Georgia’s 2021 sweeping voter suppression law.Following the Augusta split, two Republican lawmakers in Georgia proposed a circuit split in Oconee county after the election of a progressive prosecutor who ran on a platform of addressing systemic racism. Since then, Republican legislators statewide created a prosecutor oversight commission that holds the power to remove prosecutors for misconduct. The commission has been heavily criticized by Democratic prosecutors such as Fani Willis, who is investigating the Trump campaign’s meddling in the 2020 election in Georgia. Willis and others told lawmakers the commission was created so white Republicans could target minority prosecutors.The splits come at a time when criticism of prosecutors like Williams – who refuse to toe the line of tough-on-crime conservative policies – abounds on the right. In Florida, Governor Ron DeSantis has made punishment of so-called progressive prosecutors part of his presidential campaign, firing a prosecutor who signed a pledge criticizing the criminalization of transgender people. In Mississippi, white Republican leaders have created a judicial district with hand-picked judges and law enforcement to oversee a majority-Black city.The Florida prosecutor who was removed by DeSantis has sued the governor, saying that by “challenging this illegal abuse of power, we make sure that no governor can toss out the results of an election because he doesn’t like the outcome”.Tossing out the outcome of an election is exactly what happened in Georgia when Republicans pushed for the creation of the new Columbia judicial circuit, Williams and others said.Before Fleming spearheaded the Augusta split, others had proposed breaking up the circuit. In 2018, state senator Harold Jones, who is Black, requested that the judicial council of Georgia conduct a workload study for courts in the three counties that comprise the old circuit – Columbia, Richmond and Burke. The study found that workloads were high for local judges, especially in the majority-Black county of Richmond, Jones said, so he argued that the 200,000 people there should have their own circuit. But he couldn’t make any headway.“As a Democrat, to do something that monumental, it’s next to impossible,” Jones said.It wasn’t until December 2020 that the study was used as rationale for a circuit split. Then, the Columbia county board of commissioners issued a resolution requesting that its local legislative delegation – which includes Fleming – introduce a law that would formalize the split. The resolution cited Jones’s 2018 study, but that was only part of the story.Behind the scenes, Columbia county leaders were coordinating to separate the county in response to Williams’s historic election win. Among those working to institute the split was Fleming himself.Fleming, an attorney who works on behalf of nearly 40 state and county governments throughout Georgia, is a full-throated Trump supporter. He has been heavily involved in election matters through his former role as chair of the special committee on election integrity. Fleming and Duncan were vocal opponents of Williams and supported his opponent, Natalie Paine.Held in the midst of widespread protests against police brutality following the murder of George Floyd, the 2020 race between Williams and Paine, who was appointed by Kemp in 2017 and ran unopposed in 2018, reflected national themes of conflict between so-called law-and-order conservatives and progressive reformers. Williams prevailed despite attacks calling him “soft on crime”.His win set in motion the series of events to split Columbia county. After Fleming’s House bill, state senator Lee Anderson, who has ties to Fleming through their failed effort to annex land in Fleming’s home town away from Columbia county, introduced a senate bill officially calling for the creation of the Columbia judicial circuit.Co-sponsoring the bill were a handful of conservative and well-connected legislators including Jeff Mullis, a Confederate monument defender; Butch Miller, a far-right election denier; and state senator Bill Cowsert, who is Kemp’s brother-in-law. The bill eventually passed the senate unanimously, with many Democrats including Jones voting in favor due to their desire for a smaller circuit that could better serve Richmond’s high Black population, Jones said.Seven of the eight judges in the old Augusta circuit objected to the split, saying it would not address workload issues.The Augusta split provided a roadmap for Republicans throughout Georgia to fight back against progressive prosecutors. In 2020, Deborah Gonzalez became the state’s first Latina district attorney for the Western judicial circuit, winning on a platform of ending prosecution of low-level marijuana possession. Two Republican state lawmakers quickly asked the judicial council of Georgia to perform a study that would justify the separation of Oconee County from the Western circuit. Oconee is 87% white while the other county in the circuit, Athens-Clark, has a much higher Black population of 27%.One of the lawmakers, state representative Houston Gaines, was clear about the rationale behind the proposed split.“Our district attorney is choosing which laws to prosecute and which laws not to, and that is not the role of the district attorney,” Gaines told the local press.Then on 12 April, Meriwether county commissioners issued a resolution asking for itself and two other counties – Troup and Coweta – to have their own circuit, citing increasing populations and felony caseloads.The public reason for the proposed split, according to the Coweta circuit district attorney, Herb Cranford, is the circuit’s per-judge caseload. But recommendations for splits traditionally come from the judicial council of Georgia, and Cranford has said that a council study isn’t necessary.The Carroll county sheriff, Terry Langley – whose law enforcement agency oversees one of the five counties in Coweta’s judicial circuit – spoke in support of the split, saying the growing population of the area made it necessary.Much of that population growth has come in the form of people moving from the Atlanta metro area, Langley noted in a recent interview. The Atlanta area is far more Black than Carroll county.“I’m not big into growth … I like some of our small-town stuff that we have, much of it’s gone,” Langley said. “It’s managed growth. We’re gonna grow, but you gotta manage it to a way that you don’t lose the quality of life that we have.”Officials in Coweta, Heard, Meriwether and Troup counties did not respond to requests for comment.Fleming is also co-sponsor of a bill proposing to split Banks county from the Piedmont judicial circuit. All of the circuit’s judges, its public defender and its district attorney have spoken in opposition to the split.The Piedmont circuit does not have an abnormally high caseload for judges, according to the two most recent judicial council of Georgia workload assessments, although the circuit has seen a steady increase in population in recent years.The real reason for the desired split probably comes down to a disagreement over prosecutorial ideology. During testimony before lawmakers, Judge Joseph Booth said that the bill was a result of disagreements between Sheriff Carlton Speed, whose office has been accused of racially discriminating against a defendant in a prominent case involving a Black former Atlanta Hawks basketball player, and the district attorney, Brad Smith.Another judge in the circuit, Currie Mingeldorff, also noted that the split was proposed after he engaged in a failed effort to institute a drug court in Banks county. Drug or specialty courts have been around for decades to prevent mass incarceration of non-violent drug offenders. But Speed opposed the program.“I never considered it to be tough on crime or not tough on crime, I considered it to be a way to keep the community safe, rehabilitate a person and reduce recidivism,” Mingeldorff said.The bill stalled in Georgia’s house of representatives but was replaced by a Senate bill that remains pending. Erwin, Speed, Smith and Booth did not respond to requests for comment.James Woodall, a public policy associate with the Southern Center for Human Rights, which advocates on behalf of indigent defense, said circuit splitting allows lawmakers to hand-pick conservative prosecutors in a swing state.“They’re trying to find ways to maintain power,” Woodall said. “And who’s going to choose those people? Not the voters.” More

    • 113 Shares169 Views

      in US Politics

      Fulton county prosecutors prepare racketeering charges in Trump inquiry

      by

      The Fulton county district attorney investigating Donald Trump’s efforts to overturn the 2020 election results in the state of Georgia has developed sufficient evidence to charge a sprawling racketeering indictment next month, according to two people briefed on the matter.The racketeering statute in Georgia requires prosecutors to show the existence of an “enterprise” – and a pattern of racketeering activity that is predicated on at least two “qualifying” crimes.In the Trump investigation, the Fulton county district attorney, Fani Willis, has amassed enough evidence to pursue a racketeering indictment predicated on statutes related to influencing witnesses and computer trespass, the people said.Willis had previously said she was weighing racketeering charges in her criminal investigation, but the new details about the direction and scope of the case come as prosecutors are expected to seek indictments starting in the first two weeks of August.The racketeering statute in Georgia is more expansive than its federal counterpart, notably because any attempts to solicit or coerce the qualifying crimes can be included as predicate acts of racketeering activity, even when those crimes cannot be indicted separately.The specific evidence was not clear, though the charge regarding influencing witnesses could include Trump’s conversations with Georgia’s secretary of state, Brad Raffensperger, in which he asked Raffensperger to “find” 11,780 votes, the people said – and thereby implicate Trump.For the computer trespass charge, where prosecutors would have to show that defendants used a computer or network without authority to interfere with a program or data, that would include the breach of voting machines in Coffee county, the two people said.The breach of voting machines involved a group of Trump operatives – paid by the then Trump lawyer Sidney Powell – accessing the voting machines at the county’s election office and copying sensitive voting system data.The copied data from the Dominion Voting System machines, which is used statewide in Georgia, was then uploaded to a password-protected site from where election deniers could download the materials as part of a misguided effort to prove the 2020 election had been rigged.Though Coffee county is outside the jurisdiction of the Fulton county district attorney’s office, folding a potential computer trespass charge into a wider racketeering case would allow prosecutors to also seek an indictment for what the Trump operatives did there, the people said.A spokesperson for Willis did not respond to requests for comment.skip past newsletter promotionafter newsletter promotionThe district attorney’s office has spent more than two years investigating whether Trump and his allies interfered in the 2020 election in Georgia, while prosecutors at the federal level are scrutinizing Trump’s efforts to reverse his defeat that culminated in the January 6 Capitol attack.A special grand jury in Atlanta that heard evidence for roughly seven months recommended charges for more than a dozen people, including the former president himself, its forewoman strongly suggested in interviews, though Willis will have to seek indictments from a regular grand jury.The grand jury that could decide whether to return an indictment against Trump was seated on 11 July. The selection process was attended by Willis and two prosecutors known to be on the Trump investigation: her deputy district attorney, Will Wooten, and special prosecutor Nathan Wade.Charges stemming from the Trump investigation are expected to come between the final week of July and the first two weeks of August, the Guardian has previously reported, after Willis told her team to shift to remote work during that period because of security concerns.The district attorney originally suggested charging decisions were “imminent” in January, but the timetable has been repeatedly delayed after a number of Republicans who acted as fake electors accepted immunity deals as the investigation neared its end. More

    • 88 Shares149 Views

      in Elections

      Building a Legal Wall Around Donald Trump

      by

      The American legal system is on the cusp of a remarkable historical achievement. In real time and under immense pressure, it has responded to an American insurrection in a manner that is both meting out justice to the participants and establishing a series of legal precedents that will stand as enduring deterrents to a future rebellion. In an era when so many American institutions have failed, the success of our legal institutions in responding to a grave crisis should be a source of genuine hope.I’m writing this newsletter days after the Michigan attorney general announced the prosecution of 16 Republicans for falsely presenting themselves as the electors qualified to vote in the Electoral College for Donald Trump following the 2020 election. That news came the same day that the former president announced on Truth Social that he’d received a so-called target letter from Jack Smith, the special counsel appointed by Attorney General Merrick Garland to investigate Trump’s efforts to overturn the election. The target letter signals that the grand jury investigating the Jan. 6, 2021, attack on the Capitol is likely to indict Trump, perhaps any day now.On Monday, a day before this wave of news, the Georgia Supreme Court rejected a desperate Trump attempt to disqualify the Fulton County district attorney Fani Willis from prosecuting Trump and to quash a special grand jury report about 2020 election misconduct. Trump’s team filed their petition on July 13. The court rejected it a mere four days later. Willis can continue her work, and she’s expected to begin issuing indictments — including potentially her own Trump indictment — in August, if not sooner.Presuming another Trump indictment (or more than one) is imminent — or even if it is not — the legal response to Jan. 6 will continue. But to truly understand where we are now, it’s important to track where we’ve been. If you rewind the clock to the late evening of Jan. 6, 2021, America’s long history of a peaceful transfer of power was over, broken by a demagogue and his mob. To make matters worse, there was no straight-line path to legal accountability.Prosecuting acts of violence against police — or acts of vandalism in the Capitol — was certainly easy enough, especially since much of the violence and destruction was caught on video. But prosecuting Trump’s thugs alone was hardly enough to address the sheer scale of MAGA misconduct. What about those who helped plan and set the stage for the insurrection? What about the failed candidate who set it all in motion, Donald Trump himself?Consider the legal challenges. The stolen election narrative was promulgated by a simply staggering amount of defamation — yet defamation cases are difficult to win in a nation that strongly protects free speech. Trump’s legal campaign was conducted by unethical lawyers raising frivolous arguments — yet attorney discipline, especially stretching across multiple jurisdictions, is notoriously difficult.The list continues. Trump’s team sought to take advantage of ambiguities in the Electoral Count Act, a 19th-century statute that might be one of the most poorly written statutes in the entire federal code. In addition, Trump’s team advanced a constitutional argument called the independent state legislature doctrine that would empower legislatures to dictate or distort the outcomes of congressional and presidential elections in their states.There’s more. When we watched insurrectionists storm the Capitol, we were watching the culminating moment of a seditious conspiracy, yet prosecutions for seditious conspiracy are both rare and difficult. And finally, the entire sorry and deadly affair was instigated by an American president — and an American president had never been indicted before, much less for his role in unlawfully attempting to overturn an American election.Now, consider the response. It’s easy to look at Trump’s persistent popularity with G.O.P. voters and the unrepentant boosterism of parts of right-wing media and despair. Does anything make a difference in the fight against Trump’s lawlessness and lies? The answer is yes, and the record is impressive. Let’s go through it.The pro-Trump media ecosphere that repeated and amplified his election lies has paid a price. Fox News agreed to a stunning $787 million defamation settlement with Dominion Voting Systems, and multiple defamation cases continue against multiple right-wing media outlets.Trump’s lawyers and his lawyer allies have paid a price. Last month the U.S. Court of Appeals for the Sixth Circuit upheld the bulk of a sanctions award against Sidney Powell and a Mos Eisley cantina’s worth of Trump-allied lawyers. A New York State appellate court temporarily suspended Rudy Giuliani’s law license in 2021, and earlier this month a Washington, D.C., bar panel recommended that he be disbarred. Jenna Ellis, one of Guiliani’s partners in dangerous dishonesty and frivolous legal arguments, admitted to making multiple misrepresentations in a public censure from the Colorado Bar Association. John Eastman, the former dean of Chapman University’s law school and the author of an infamous legal memo that suggested Mike Pence could overturn the election, is facing his own bar trial in California.Congress has responded to the Jan. 6 crisis, passing bipartisan Electoral Count Act reforms that would make a repeat performance of the congressional attempt to overturn the election far more difficult.The Supreme Court has responded, deciding Moore v. Harper, which gutted the independent state legislature doctrine and guaranteed that partisan state legislatures are still subject to review by the courts.The criminal justice system has responded, securing hundreds of criminal convictions of Jan. 6 rioters, including seditious conspiracy convictions for multiple members of the Oath Keepers and the Proud Boys. And the criminal justice system is still responding, progressing steadily up the command and control chain, with Trump himself apparently the ultimate target.In roughly 30 months — light speed in legal time — the American legal system has built the case law necessary to combat and deter American insurrection. Bar associations are setting precedents. Courts are setting precedents. And these precedents are holding in the face of appeals and legal challenges.Do you wonder why the 2022 election was relatively routine and uneventful, even though the Republicans fielded a host of conspiracy-theorist candidates? Do you wonder why right-wing media was relatively tame after a series of tough G.O.P. losses, especially compared to the deranged hysterics in 2020? Yes, it matters that Trump was not a candidate, but it also matters that the right’s most lawless members have been prosecuted, sued and sanctioned.The consequences for Jan. 6 and the Stop the Steal movement are not exclusively legal. The midterm elections also represented a profound setback for the extreme MAGA right. According to an NBC News report, election-denying candidates “overwhelmingly lost” their races in swing states. It’s hard to avoid the conclusion that the relentless legal efforts also had a political payoff.And to be clear, this accountability has not come exclusively through the left — though the Biden administration and the Garland Justice Department deserve immense credit for their responses to Trump’s insurrection, which have been firm without overreaching. Multiple Republicans joined with Democrats to pass Electoral Count Act reform. Both conservative and liberal justices rejected the independent state legislature doctrine. Conservative and liberal judges, including multiple Trump appointees, likewise rejected Trump’s election challenges. Republican governors and other Republican elected officials in Arizona and Georgia withstood immense pressure from within their own party to uphold Joe Biden’s election win.American legal institutions have passed the Jan. 6 test so far, but the tests aren’t over. Trump is already attempting to substantially delay the trial on his federal indictment in the Mar-a-Lago case, and if a second federal indictment arrives soon, he’ll almost certainly attempt to delay it as well. Trump does not want to face a jury, and if he delays his trials long enough, he can run for president free of any felony convictions. And what if he wins?Simply put, the American people can override the rule of law. If they elect Trump in spite of his indictments, they will empower him to end his own federal criminal prosecutions and render state prosecutions a practical impossibility. They will empower him to pardon his allies. The American voters will break through the legal firewall that preserves our democracy from insurrection and rebellion.We can’t ask for too much from any legal system. A code of laws is ultimately no substitute for moral norms. Our constitutional republic cannot last indefinitely in the face of misinformation, conspiracy and violence. It can remove the worst actors from positions of power and influence. But it cannot ultimately save us from ourselves. American legal institutions have responded to a historical crisis, but all its victories could still be temporary. Our nation can choose the law, or it can choose Trump. It cannot choose both. More

    • 163 Shares169 Views

      in US Politics

      Georgia’s top court rejects Trump’s attempt to block prosecutor in 2020 election inquiry

      by

      Georgia’s highest court Monday rejected a request by Donald Trump to block a district attorney from prosecuting the former president for his actions in the wake his 2020 election defeat.The Georgia supreme court unanimously shot down a petition that Trump’s attorneys filed last week asking the court to intervene. Trump’s legal team argued that Fulton county district attorney Fani Willis and her office should be barred from seeking charges and that a special grand jury report that is part of the inquiry should be thrown out.Willis has been investigating since early 2021 whether Trump and his allies broke any laws as they tried to overturn his election loss in Georgia to Joe Biden. She has suggested she is likely to seek charges in the case from a grand jury next month.The state supreme court noted in its five-page ruling Monday that Trump has a similar petition pending in Fulton county superior court. The justices unanimously declined to overstep the lower court, writing that Trump “makes no showing that he has been prevented fair access to the ordinary channels”.Regarding Trump’s attempt to block the prosecutors, the justices said his legal filing lacked “the facts or the law necessary to mandate Willis’s disqualification by this court at this time on this record”.A spokesperson for Willis declined to comment. Trump attorney Drew Findling did not immediately respond to phone and text messages seeking comment.Trump’s legal team previously acknowledged that the dual filings were unusual but said they were necessary given the tight time frame. Two new regular grand juries were seated last week, and one is likely to hear the case.Trump’s attorneys made similar requests in a previous filing in March in Fulton county superior court. They asked superior court Judge Robert McBurney, who oversaw the special grand jury, to step aside and let another judge hear the Trump team’s claims. McBurney kept the case and has yet to rule.In their legal petition to the state supreme court, Trump’s lawyers argued they were “stranded between the supervising judge’s protracted passivity and the district attorney’s looming indictment” with no choice other than to ask the high court to intervene.skip past newsletter promotionafter newsletter promotionWillis opened her investigation shortly after Trump called Georgia secretary of state Brad Raffensperger, the state’s top elections official, in January 2021 and suggested he could help Trump “find” the votes needed to overturn his election loss in the state.The special grand jury, which did not have the power to issue indictments, was seated last May and dissolved in January after hearing from 75 witnesses and submitting a report with recommendations for Willis. Though most of that report remains sealed for now, the panel’s foreperson has said without naming names that the special grand jury recommended charging multiple people. More

    • 113 Shares139 Views

      in Elections

      Georgia Supreme Court Rejects Trump Effort to Quash Investigation

      by

      With indictment decisions imminent, the court refused to scuttle an investigation into whether the former president and his allies interfered in the 2020 election.ATLANTA — In a ruling on Monday, the Georgia Supreme Court rejected a long-shot attempt by former President Donald J. Trump’s legal team to scuttle an investigation into election interference weeks before indictment decisions are expected.The pronouncement from the court was both unanimous and swift, coming just three days after Mr. Trump’s lawyers submitted their filing. They had sought a court order that would throw out the work of a special grand jury in Atlanta and disqualify Fani T. Willis, the district attorney of Fulton County, from the proceedings. She has been the prosecutor in charge of the investigation into whether Mr. Trump and his allies interfered in the 2020 election in Georgia.Most of the court’s nine justices were originally appointed by Republican governors; thus far, the case has played out in Superior Court in Atlanta.Mr. Trump’s lawyers had conceded in their filing that they were up against long odds and had identified “no case in 40 years” where the court had intervened in the way they were seeking. In their ruling, the justices said the Trump team had “not shown that this case presents one of those extremely rare circumstances in which this court’s original jurisdiction should be invoked, and therefore, the petition is dismissed.”They also said that Mr. Trump’s lawyers had not presented “either the facts or the law necessary to mandate Willis’s disqualification.”Mr. Trump’s lawyers had previously sought to scuttle the investigation with a motion, filed in March, to quash much of the evidence that Ms. Willis’s team had collected since the investigation began in early 2021 and to take Ms. Willis off it. But the Superior Court judge handling the case, Robert C.I. McBurney, has yet to rule.“Stranded between the supervising judge’s protected passivity and the district attorney’s looming indictment, petitioner has no meaningful option other than to seek this court’s intervention,” the lawyers wrote in their filing to the state’s high court on Friday.The lawyers could not be reached immediately on Monday; the district attorney’s office had no immediate comment.Ms. Willis has signaled that any indictments will come in the first half of August; she recently asked judges in a downtown Atlanta courthouse not to schedule trials for part of that time as she prepares to bring charges. The investigation has examined whether the former president and his allies illegally interfered in the 2020 election in Georgia, where Mr. Trump lost narrowly to Joe Biden.The special grand jury heard evidence for roughly seven months and recommended indictments of more than a dozen people; its forewoman strongly hinted in an interview with The New York Times in February that Mr. Trump was among them. To bring any charges, Ms. Willis must now seek indictments from a regular grand jury. More

    • 163 Shares199 Views

      in US Politics

      Georgia grand jury selected in Trump case over attempt to overturn 2020 defeat

      by

      A grand jury selected in Georgia on Tuesday is expected to say whether Donald Trump and associates should face criminal charges over their attempt to overturn the former president’s defeat by Joe Biden in the 2020 election.The district attorney of Fulton county, Fani Willis, has indicated she expects to obtain indictments between the end of July and the middle of August. Trump also faces possible federal charges over his election subversion, culminating in his incitement of the deadly January 6 attack on Congress.Trump already faces trials on 71 criminal charges: 34 in New York over hush money payments to the porn star Stormy Daniels and 37 in Florida, from federal prosecutors and regarding his retention of classified documents after leaving office.His legal jeopardy does not stop there. In a civil case in New York, Trump was fined about $5m after being found liable for sexual abuse and defamation against the writer E Jean Carroll. Another civil case, concerning Trump’s business practices, continues in the same state.Grand jury selection for the Georgia case comes at a febrile moment in US society. Denying all wrongdoing and claiming political persecution, Trump remains the clear frontrunner for the Republican nomination to face Biden again at the polls next year.Trump has repeatedly claimed Willis, who is African American, is motivated by racism as well as political animus. Willis has indicated possible charges under an anti-racketeering law also used to target members of gangs.Before 2020, no Democratic candidate for president had won Georgia since Bill Clinton in 1992. But Biden beat Trump by 0.2% of the vote, or a little under 12,000 ballots.As he explored ways to stay in office, Trump was recorded telling the Georgia secretary of state, Brad Raffensperger, a Republican, to “find” enough votes to overturn Biden’s win. The Fulton county investigation of such attempted election subversion has produced dramatic headlines, stoking anger on both sides of a deepening political divide.In February, the foreperson of the grand jury that investigated the case told CNN it would be a “good assumption” that a subsequent panel would recommend indictments – to be decided on by Willis – for more than a dozen people.The foreperson also told the New York Times it was “not rocket science” to work out if Trump would be one of those people. The former New York mayor Rudy Giuliani is among Trump aides and associates also believed at risk of indictment.In March, the South Carolina senator Lindsey Graham, a close Trump ally, was reported to have told grand jurors: “If somebody had told Trump that aliens came down and stole Trump ballots … Trump would’ve believed it.”Last month, eight of 16 “fake electors” who sought to falsely declare Trump the winner in Georgia were revealed to have reached immunity deals.skip past newsletter promotionafter newsletter promotionTwo grand juries were impaneled on Tuesday, each with 23 members and three alternates.Elie Honig, a former state and federal prosecutor now senior legal analyst for CNN, said: “This is now a ‘regular’ grand jury. At the end of it, if Fani Willis asks for an indictment, they will vote on it. The vast majority of times, that does result in an indictment.”Ed Garland, a local attorney, told the Atlanta Journal-Constitution the jurors would face an “awesome responsibility” that “no other group of Georgia citizens has ever dealt with – the potential indictment of a former president”.Garland added: “This is a case that has been saturated in the media with political overtones, so it is imperative for them to be fair and impartial and for our judicial system to live up to its ideals.”At the courthouse, the judge presiding over grand jury selection, Robert McBurney, reminded reporters of the sensitivity of proceedings. “It would not go well if any of [the jurors’] pictures appear in any of your outlets,” he said. “If you need extra photos, get Fani Willis.”Filmed arriving at the courthouse, Willis did not speak to reporters. More

    • 225 Shares199 Views

      in Elections

      Trump documents trial judge sets first hearing; Georgia grand jury set to weigh 2020 election charges – live

      by

      From 1h agoThe first hearing before US District Judge Aileen Cannon in the federal criminal case against Donald Trump will be on 18 July, according to a court order.As California considers implementing large-scale reparations for Black residents affected by the legacy of slavery, the state has also become the focus of the nation’s divisive reparations conversation, drawing the backlash of conservatives criticizing the priorities of a “liberal” state.“Reparations for Slavery? California’s Bad Idea Catches On,” commentator Jason L Riley wrote in the Wall Street Journal, as New York approved a commission to study the idea. In the Washington Post, conservative columnist George F Will said the state’s debate around reparations adds to a “plague of solemn silliness”.Roughly two-thirds of Americans oppose the idea of reparations, according to 2021 polling from the University of Massachusetts Amherst and 2022 polling from the Pew Research Center. Both found that more than 80% Black respondents support some kind of compensation for the descendants of slaves, while a similar majority of white respondents opposed. Pew found that roughly two-thirds of Hispanics and Asian Americans opposed, as well.But in California, there’s greater support. Both the state’s Reparations Task Force – which released its 1,100-page final report and recommendations to the public on 29 June – and a University of California, Los Angeles study found that roughly two-thirds of Californians are in favor of some form of reparations, though residents are divided on what they should be.When delving into the reasons why people resist, Tatishe Nteta, who directed the UMass poll, expected feasibility or the challenges of implementing large programs to top the list, but this wasn’t the case.“When we ask people why they oppose, it’s not about the cost. It’s not about logistics. It’s not about the impossibility to place a monetary value on the impact of slavery,” said Nteta, provost professor of political science at the University of Massachusetts Amherst.
      It is consistently this notion that the descendants of slaves do not deserve these types of reparations.
      Read the full story here.More than 1,5000 amendments were filed to the FY2024 defense authorization bill, which is projected to hit the House floor this week. At issue is whether the House will take up the hard-right amendments, with the weight falling once again on Speaker Kevin McCarthy.Some of the most closely watched amendments relate to abortion, diversity, equity and inclusion (DEI) funding, and transgender troops, according to Politico’s Playbook.McCarthy will need to navigate between the demands of his most conservative members – three of whom serve on the House rules committee – and the need for Democratic votes in order to get a bill ultimately signed into law, Playbook writes. It continues:
      In the past, House leaders typically have told the hard right to pound sand, knowing they weren’t going to vote for the final bill anyway. But after pissing off conservatives during the debt limit standoff, McCarthy looks poised to make a different calculation this time.
      Facing heavy criticism from the House Freedom Caucus and other conservatives, McCarthy is under pressure to give on a number of high-profile issues touching defense policy, Punchbowl News writes. It says:
      Every ‘culture war’ provision from the Freedom Caucus that’s added to the base legislation will cost Democratic votes. It will also make GOP moderates unhappy.
      The House rules committee is scheduled to mark up the FY2024 defense authorization bill, the annual bill setting Pentagon priorities and policies, today.The bill, which is expected to hit the floor later this week, has been signed into law 60 years straight. But this year, Speaker Kevin McCarthy and GOP leaders are confronting a legislative landmine as the far-right House Freedom Caucus push for dozens of proposed changes to the legislation.Adam Smith, the head Democrat on the House armed services committee, said he was worried about a flurry of “extreme right-wing amendments” attached to the bill and that he wasn’t “remotely” confident the bill will pass this week.Smith told the Washington Post he was concerned about GOP measures on “abortion, guns, the border, and social policy and equity issues”. Without the controversial amendments, Smith predicted that well over 300 House members would vote for the bill. With them, “you lose most, if not all, Democrats,” he told Politico’s Playbook.Iowa’s state legislature is holding a special session on Tuesday as it plans to vote on a bill that would ban most abortions at around six weeks of pregnancy, when most people don’t yet know they are pregnant.The state is the latest in the country to vote on legislation restricting reproductive rights after the overturning of Roe v Wade last year, which ended the nationwide constitutional right to abortion.Iowa’s Republican governor, Kim Reynolds, called for the special session last week, vowing to “continue to fight against the inhumanity of abortion” and calling the “pro-life” movement against reproductive rights “the most important human rights cause of our time”.Lawmakers in the GOP-controlled legislature will debate House Study Bill 255, which was released on Friday and seeks to prohibit abortions at the first sign of cardiac activity except in certain cases such as rape or incest.Iowa’s house, senate and governor’s office are all Republican-controlled, and the bill faces few hurdles from being passed.Read the full story here.The first hearing before US District Judge Aileen Cannon in the federal criminal case against Donald Trump will be on 18 July, according to a court order.Trump was charged with retention of national defense information, including US nuclear secrets and plans for US retaliation in the event of an attack, which means his case will be tried under the rules laid out in the Classified Information Procedures Act, or Cipa.Cipa provides a mechanism for the government to charge cases involving classified documents without risking the “graymail” problem, where the defense threatens to reveal classified information at trial, but the steps that have to be followed mean it takes longer to get to trial.The process includes the government turning over all of the classified information they want to use to the defense in discovery, like any other criminal case, in addition to the non-classified discovery that is done in a separate process.Trump’s lawyers argued the amount of discovery – the government is making the material available in batches because there is so much evidence and it has not finished processing everything that came from search warrants – meant that they could not know how long the process would take.Trump’s lawyers wrote:
      From a practical manner, the volume of discovery and the Cipa logistics alone make plain that the government’s requested schedule is unrealistic.
      Donald Trump asked the federal judge overseeing the Mar-a-Lago classified documents case to indefinitely postpone setting a trial date in court filings on Monday and suggested, at a minimum, that any scheduled trial should not take place until after the 2024 presidential election.The papers submitted by Trump’s lawyers in response to the US justice department’s motion to hold the trial this December made clear the former president’s aim to delay proceedings as their guiding strategy – the case may be dropped if Trump wins the election.The filing said:
      The court should, respectfully, before establishing any trial date, allow time for development of further clarity as to the full nature and scope of the motions that will be filed.
      Fulton county district attorney Fani Willis launched the investigation in early 2021, after Donald Trump tried to overturn his election defeat in Georgia by calling Brad Raffensperger, Georgia’s secretary of state, and suggesting the state’s top elections official could help him “find 11,780 votes”, just enough needed to beat Joe Biden.The investigation expanded to include an examination of a slate of Republican fake electors, phone calls by Trump and others to Georgia officials in the weeks after the 2020 election and unfounded allegations of widespread election fraud made to state lawmakers, according to AP.About a year into her investigation, Willis asked for a special grand jury. At the time, she said she needed the panel’s subpoena power to compel testimony from witnesses who had refused to cooperate without a subpoena. In a January 2022 letter to Fulton county superior court chief judge, Christopher Brasher, Willis wrote that Raffensperger, who she called an “essential witness”, had “indicated that he will not participate in an interview or otherwise offer evidence until he is presented with a subpoena by my office”.That special grand jury was seated in May 2022, and released in January after completing its work. The panel issued subpoenas and heard testimony from 75 witnesses, ranging from some of Trump’s most prominent allies to local election workers, before drafting a final report with recommendations for Willis.Portions of that report that were released in February said jurors believed that “one or more witnesses” committed perjury and urged local prosecutors to bring charges. The panel’s foreperson said in media interviews later that they recommended indicting numerous people, but she declined to name names.Here’s a bit more on the grand jury being seated today in Atlanta, Georgia, that will probably consider charges against Donald Trump and his Republican allies for their efforts to overturn the 2020 election.The new grand jury term begins today in Fulton county, and two panels will be selected at the downtown Atlanta courthouse, each made up of 16 to 23 people and up to three alternates. One of these panels is expected to handle the Trump investigation.Fulton County Superior Court Judge Robert McBurney will preside over today’s court proceedings, CNN reported. McBurney oversaw the special grand jury that previously collected evidence in the Trump investigation, and he is also expected to oversee the grand jury tasked with making charging decisions in the case.Good morning, US politics blog readers. A grand jury being seated today in Atlanta is expected to consider charges against former President Donald Trump and his Republican allies for their efforts to overturn the 2020 election.Fulton county district attorney Fani Willis launched the investigation in early 2021, shortly after Trump tried to overturn his loss by calling Georgia’s secretary of state, Brad Raffensperger, and suggested the state’s top elections official could help him “find 11,780 votes”.A special grand jury previously issued subpoenas and heard testimony from about 75 witnesses, which included Trump advisers, his former attorneys, White House aides, and Georgia officials. That panel drafted a final report with recommendations for Willis.The new grand jury term begins today in Fulton county, which includes most of Atlanta and some suburbs. Fulton County Superior Court Judge Robert McBurney will swear-in two grand juries, one of which is expected to hear evidence in the Georgia elections case.Willis, an elected Democrat, is expected to present her case before one of two new grand juries being seated. The panel won’t be deciding guilt, only if Willis has enough evidence to move her case forward and who should face indictment. Willis has previously indicated that final decisions could come next month.Here’s what else we’re watching today:
      Joe Biden is meeting with other Nato leaders in Vilnius, Lithuania, where Russia’s war in Ukraine will top the agenda.
      The House rules committee is scheduled to mark up the FY2024 defense authorization bill today. The legislation is set to hit the floor later this week, with final passage currently envisioned for Friday.
      The House will meet at noon and at 2pm will take up multiple bills, with last votes expected at 6.30pm
      The Senate will meet at 10am and vote on several nominations throughout the day. There will be classified all-senators briefing with defense and intelligence officials on how AI is used for national security purposes. More

    • 175 Shares109 Views

      in Elections

      L. Lin Wood, Lawyer Who Tried to Overturn Trump’s 2020 Loss, Gives Up License

      by

      Mr. Wood wrote that the Georgia State Bar had “agreed to drop the disciplinary cases” against him if he retired from the profession.L. Lin Wood, one of the key lawyers who sought to overturn former President Donald J. Trump’s 2020 election loss and faced potential disciplinary action in Georgia as a result, opted to give up his law license in the state.Mr. Wood officially requested that the State Bar of Georgia transfer his attorney status to “retired” on July 4, according to a letter he posted on the messaging platform Telegram. The request was approved, and two pending disciplinary charges against him were dropped, according to a letter from Georgia’s Office of the General Counsel that Mr. Wood also posted to Telegram.Mr. Wood, a former libel lawyer who became an ardent supporter of Mr. Trump, has faced his own series of legal troubles since he joined Mr. Trump’s crusade to use the court system to overturn the 2020 results, echoing falsehoods that there was widespread voter fraud.The Georgia State Bar wrote in documents filed with the state’s Supreme Court that Mr. Wood’s retirement had “achieved the goals of disciplinary action, including protecting the public and the integrity of the judicial system and the legal profession.”Mr. Wood wrote on Telegram that the bar had “agreed to drop the disciplinary cases” if he retired from the profession. In an interview with The Times, he said that he had wanted to retire sooner, but that legal proceedings from cases filed around the 2020 election prevented him from doing so.“I wish I had been able to do it two years ago,” he said. “I was tired of practicing law. I’d had enough.”The letters Mr. Wood posted on Telegram specified that his request was “unqualified, irrevocable and permanent” and that Mr. Wood could not practice law in any state. He is, however, allowed to represent himself in future cases so long as he does not present himself as a lawyer.Mr. Wood had been a licensed attorney in Georgia since 1977. His status is now listed as “retired” on the State Bar website, with no public discipline on record.Mr. Wood brought a federal lawsuit seeking to halt Georgia’s certification of the election in November 2020, which was blocked by a federal judge that year. His name subsequently appeared in lawsuits challenging election results in various other states.The State Bar opened an investigation into Mr. Wood for disciplinary action in 2021 and held a disciplinary trial earlier this year. Mr. Wood sued the association after it sought to obtain a mental health exam as part of its investigation, but he lost in a federal appeals court.He was one of several attorneys who faced $175,000 in sanctions and a recommendation for possible suspension or disbarment in Michigan for filing a lawsuit that a judge determined in 2021 “threatened to undermine the results of a legitimately conducted national election.”Mr. Wood claimed that he was not involved in that lawsuit but that another lawyer had added his name to documents filed in that case and several others.Last year, Mr. Wood was asked to testify in the Fulton County district attorney’s investigation into Mr. Trump’s attempts to overturn the 2020 election results in Georgia. There have been signals that charges related to that inquiry could be issued in August. More