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    Wisconsin Republicans vote to fire top election official as denialists tighten grip

    Wisconsin’s top elections official suffered another blow on Thursday when the Republican-controlled state senate voted to fire her by a party line vote of 22 to 11. Meagan Wolfe’s status as elections administrator will now likely be determined in court.Legal experts and the Wisconsin attorney general have disputed the move by Republican senators to remove Wolfe, a respected and accomplished non-partisan leader. Her removal would affect the administration of elections in 2024 and illustrates the increasingly wide reach of election deniers and rightwing conspiracy theorists in Wisconsin politics.Before she became a lightning rod for conspiracy theories and criticism surrounding the 2020 election, Wolfe enjoyed wide support from Republicans in the state legislature. Appointed to head the Wisconsin elections commission in 2018, she was confirmed by a unanimous vote in the state senate in 2019.When the Covid-19 virus pummeled Wisconsin, disrupting elections, an attorney representing the Republican assembly speaker, Robin Vos, and the former senate majority leader Scott Fitzgerald wrote in a letter that they “wholeheartedly support” many protocols outlined by the statewide commission.Crucially, Wolfe, who provides expertise and recommendations to the commission, serves at their direction – and not the other way around.One pandemic-era policy that has come under fire by Republicans, creating temporary adjustments to nursing home voting, was issued by a unanimous vote of the three Democratic and three Republican commissioners.“Meagan is being blamed for the decisions of her commission,” said Claire Woodall-Vogg, executive director of Milwaukee’s election commission. “It’s really unfortunate that she’s being used as the scapegoat when she was not the person responsible for making any decisions that they’re punishing her for.”It was only after the 2020 election, which Donald Trump lost to president Joe Biden by just over 20,000 votes in Wisconsin, that complaints about the nonpartisan administrator began to circulate. Groups and individuals that spread falsehoods about widespread voter fraud in the 2020 election have obsessed over Wolfe, publishing missives in Gateway Pundit, a site that peddles misinformation, and earning a warning from state capitol police for allegedly stalking her.State lawmakers, largely focusing their criticisms on pandemic-related policies like the expanded use of ballot drop boxes and the guidance for nursing home voting, joined the chorus calling for Wolfe’s ouster.When Wolfe’s term ended in June, Democrats on the bipartisan commission blocked a vote to send a recommendation for her reappointment to the state senate, anticipating the senate would in turn vote to fire her. The commissioners relied on precedent from a 2022 Wisconsin supreme court ruling that found a Republican member of the state’s natural resources board who declined to put himself forward for reappointment in 2021 could not be removed from office.Still, Republicans moved forward with reappointment proceedings for Wolfe, holding a 29 August hearing where election deniers and conspiracy theorists from around the state gathered to air their grievances about Wisconsin elections. In a letter, the Democratic attorney general, Josh Kaul, wrote that the state senate had “no current authority to confirm or reject the appointment of a WEC administrator”, an opinion that was echoed by the legislature’s own nonpartisan attorneys.Jeff Smith, a Democratic state senator on the shared revenue, elections and consumer protection committee who abstained from a committee vote on Wolfe’s reappointment, said in a statement that the vote was “not properly before the Senate or its committees”, adding that he has “full confidence in Administrator Wolfe and the work that she has done for the people of Wisconsin”.Devin LeMahieu, the Republican state senate majority leader who voted against Wolfe’s reappointment, previously accused the administrator of “mishandling” the 2020 election. LeMahieu’s office did not immediately respond to a request for comment.During the floor session on Thursday, the Democratic senate minority leader, Melissa Agard, described the move to oust Wolfe as one of many “shameless continued attacks on our elections”.Democrats in the state senate objected to the vote repeatedly. Mark Spreitzer, a Democratic member of the senate’s shared revenue, elections and consumer protection committee, called the nomination “fake” and accused Republicans in the senate of indulging conspiracy theorists.Senators opposing the vote noted the wide-ranging implications of Wolfe’s disputed reappointment process.“Disenfranchisement was real,” said the Democratic state senator Lena Taylor, describing the long lines that plagued polling places in Milwaukee during the spring 2020 election. Taylor argued that the vote – which she described as a “sham process” – would delegitimate sincere elections concerns in favor of falsehoods and conspiracy theories.LeMahieu disputed Democrats’ opposition to the process, instead blaming Democrats on the elections commission for blocking the commission from advancing Wolfe’s nomination to the senate. The Thursday vote, LeMahieu said, “represents the lack of faith” in Wisconsin elections, sidestepping claims that the process would embolden conspiracy theorists.Elections officials in Wisconsin worry the ongoing proceedings will fuel more misinformation about elections and say their work will be negatively impacted if Wolfe leaves her position or is removed from office.“We’re already dealing with extra public records requests that are coming through in regards to elections,” said Kaci Lundgren, a Douglas county clerk. “Laws change all the time in regards to elections, so to have that experience and that knowledge gone, it would be disconcerting, it would be difficult. Frustrating.”Woodall-Vogg agreed, describing the possible vacancy as “a major blow”. The Milwaukee official added that a disruption in leadership would likely impact the staff of the elections commission, who provide technical assistance to clerks across the state. “I think what is most disappointing is that they’re bringing a nonpartisan election official and making her position very political.”Shortly after the vote Thursday, Kaul announced he had filed a lawsuit against Republican leaders, seeking to keep Wolfe in her job.“The story today is not what the senate has purported to do with its vote,” he said in a press release. “It’s that the senate has blatantly disregarded state law in order to put its full stamp of approval on the ongoing baseless attacks on our democracy.”Addressing reporters Thursday afternoon, Wolfe said she would remain in her position until a court said otherwise. She said Republicans sought to oust her because “I will not bend to political pressure”.“The senate’s vote today to remove me is not a referendum on the job I do, but rather a reaction to not achieving the political outcome they desire,” she said. “The political outcome they desired, I believe is to get rid of me. The reason they want to get rid of me for political purposes is because I will not bend to political pressure.”She also expressed some disbelief that many of the claims that her office had repeatedly debunked continued to circulate in front of the legislature and were relied on as a basis for trying to remove her.“It is sometimes hard to wrap my head around how we still are here,” she said.
    Join us for a live event on 26 September in Chicago, Democracy and Distrust: Overcoming threats to the 2024 election. More

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    Georgia judge allows key pair be tried separately from Trump and 16 others

    A Georgia judge has ruled that Donald Trump and 16 others will be tried separately from two defendants who are set to go to trial next month in the case accusing them of participating in an illegal scheme to overturn the results of the 2020 election.Lawyers Sidney Powell and Kenneth Chesebro had filed demands for a speedy trial, and the Fulton county superior court judge Scott McAfee had set their trial to begin on 23 October. Trump and other defendants had asked to be tried separately from Powell and Chesebro, with some saying they could not be ready by the late October trial date.The Fulton county district attorney, Fani Willis, last month obtained an indictment against Trump and the 18 others, charging them under the state’s anti-racketeering law in their efforts to deny Democrat Joe Biden’s victory over the Republican incumbent.Willis had been pushing to try all 19 defendants together, arguing that it would be more efficient and fairer. McAfee cited the tight timetable, among other issues, as a factor in his decision to separate Trump and 16 others from Powell and Chesebro.“The precarious ability of the court to safeguard each defendant’s due process rights and ensure adequate pre-trial preparation on the current accelerated track weighs heavily, if not decisively, in favor of severance,” McAfee wrote. He added that it might be necessary to further divide them into smaller groups for trial.The development is likely to be welcome news to other defendants looking to avoid being tied by prosecutors to Powell, who perhaps more than anyone else in the Trump camp was vocal about publicly pushing baseless conspiracy theories linking foreign governments to election interferences.Another defendant in the Atlanta case, Rudy Giuliani, has sought to distance himself from Powell and spoke at length about her in an interview with special counsel Jack Smith’s team in Washington, according to a person familiar with his account who was not authorized to discuss the matter publicly and spoke on condition of anonymity.Also, Trump-aligned lawyer Eric Herschmann, who in 2020 tried to push back against efforts to undo the election, told the congressional committee investigating the riot at the US Capitol on January 6 that he regarded Powell’s ideas as “nuts”.Chesebro and Powell had sought to be tried separately from each other, but the judge denied that request.Chesebro is accused of working on the coordination and execution of a plan to have 16 Georgia Republicans sign a certificate declaring falsely that Trump won and declaring themselves the state’s “duly elected and qualified” electors. Powell is accused of participating in a breach of election equipment in rural Coffee county.The nearly 100-page indictment details dozens of alleged acts by Trump or his allies to undo his 2020 loss in Georgia, including suggesting the secretary of state, a Republican, could help find enough votes for Trump to win the battleground state; harassing an election worker who faced false claims of fraud; and attempting to persuade Georgia lawmakers to ignore the will of voters and appoint a new slate of electoral college electors favorable to Trump.Further explaining his decision to separate the others from Powell and Chesebro, McAfee said he was skeptical of prosecutors’ arguments that trying all 19 defendants together would be more efficient. He noted that the Fulton county courthouse does not have a courtroom big enough to hold 19 defendants, their lawyers and others who would need to be present, and relocating to a bigger venue could raise security concerns.Prosecutors also had argued that because each defendant is charged under the state’s Racketeer Influenced and Corrupt Organizations Act, or Rico Act, the state plans to call the same witnesses and present the same evidence for any trial in the case. They told the judge last week that they expect any trial would take four months, not including jury selection.But McAfee pointed out that each additional defendant increases the time needed for opening statements and closing arguments, cross-examination and evidentiary objections. “Thus, even if the state’s case remains identical in length, and the aggregate time invested by the court is increased, the burden on the jurors for each individual trial is lessened through shorter separate trials,” he wrote.The judge also noted that to satisfy the demands by Powell and Chesebro for a speedy trial, he will try to have a jury seated by 3 November. “With each additional defendant involved in the voir dire process, an already Herculean task becomes more unlikely,” he wrote.McAfee also pointed to the fact that five defendants are currently seeking to move their cases to federal court and litigation on that issue is ongoing. If they were to succeed midway through a trial in the state court, it is not clear what the impact would be, McAfee wrote. More

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    Trump asks judge to recuse herself in federal 2020 election subversion case

    Donald Trump’s legal team on Monday asked the federal judge overseeing the 2020 election interference prosecution against him to remove herself from the case, arguing that her previous public comments about the former president’s culpability in the January 6 Capitol attack was disqualifying.The recusal motion, filed to and against the US district judge Tanya Chutkan, faces major legal hurdles: to succeed, Trump must show a “reasonable person” would conclude from just her remarks – but not any of her actual rulings – that she was unable to preside impartially.Trump has long complained that the judge assigned to the case was biased against him because of her previous comments about Trump in other January 6 riot defendant cases and his legal team weighed filing the motion for weeks, according to two people familiar with deliberations.The nine-page motion identified two episodes where Chutkan remarked on her opinion about Trump’s responsibility in instigating the Capitol attack, which Trump’s lawyers argued gave rise to the appearance of potential bias or prejudice against the former president.The first instance came in October 2022 when she said, referring to January 6: “And the people who mobbed that Capitol were there in fealty, in loyalty, to one man… It’s a blind loyalty to one person who, by the way, remains free to this day.”Trump’s lawyers argued that those remarks, which came during sentencing of a rioter who stormed the Capitol, suggested Chutkan believed Trump should have been prosecuted and jailed in a pre-judgement of guilt that alone was disqualifying.The second instance was when the judge told another January 6 rioter in December 2021: “The people who exhorted you and encouraged you and rallied you to go and take action and to fight have not been charged,” adding, “I have my opinions,” but that was out of her control.Trump’s lawyers argued that those remarks suggested Chutkan agreed with that rioter’s defense attorney, who had said Trump had falsely convinced his supporters that the 2020 election was fraudulent and that they needed to take steps to stop the peaceful transition of power.It was uncertain whether the judge’s two public statements would satisfy the high bar for removal. Notably, the motion did not complain about any of Chutkan’s pre-trial rulings to date, perhaps because in a handful of instances, she has ruled against prosecutors.The judge, an Obama appointee, came into the case with a reputation of being particularly tough in January 6-related prosecutions after she handed down sentences in some prosecutions that were longer than had been requested by the justice department.Still, Chutkan is far from the only federal judge in DC – or elsewhere in the country, for that matter – who has suggested Trump might have culpability for the Capitol attack during sentencing hearings.In June, US district judge Amy Berman Jackson told the January 6 rioter Daniel Rodriguez, who she sentenced to 12 years in jail for using a Taser on DC Metropolitan police officer Michael Fanone, that he had been radicalized by “irresponsible and knowingly false claims that the election was stolen”.skip past newsletter promotionafter newsletter promotionFiling a recusal motion is not necessarily uncommon and federal judges tend not to take offense, former prosecutors and defense attorneys have said, even if Trump files them almost as a matter of routine. Recently, Trump sought to recuse the state court judge in his Manhattan criminal case, which was denied.Should the judge decline to remove herself, legal experts said Trump could seek to have the decision reviewed and petition the US court of appeals for the DC circuit for a writ of mandamus, a judicial order to a lower-court judge compelling an action such as recusal.The appeal could be accompanied with a motion to stay Chutkan’s rulings pending appeal, which could delay the pre-trial process and push back the current trial date set for March 2024 while that litigation continues.That kind of postponement would be beneficial to Trump, who has made clear that his overarching legal strategy for each of his criminal cases is to seek delay – preferably until after the 2024 presidential election as part of an effort to insulate himself from the charges.The consequences of an extended delay could be far-reaching. If the case is not adjudicated until after the 2024 election and Trump is re-elected, he could try to pardon himself or direct the attorney general to have the justice department drop the case in its entirety. More

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    Georgia special grand jury recommended charges against Lindsey Graham and former senators – live

    From 1h agoThe special grand jury investigating the attempt to overturn Georgia’s 2020 election results recommended bringing charges against the state’s former senators David Perdue and Kelly Loeffler as well as the current South Carolina senator Lindsey Graham.None of the three were named in the indictment Fulton county district attorney Fani Willis unveiled last month, which targeted Donald Trump and 18 others with racketeering charges related to their attempt to stop Joe Biden from collecting Georgia’s electoral votes despite his victory there.According to the report, the jurors recommended the three senators be charged over “the national effort to overturn the 2020 presidential election”.All told, the special grand jurors in Georgia recommended charges against 39 people for trying to overturn the state’s elections, but Fulton county district attorney Fani Willis’s indictment only targeted 19 people, Donald Trump among them.Among those who were named in the report, but not charged:David Perdue and Kelly Loeffler were Georgia’s Republican senators, until both were ousted from office by the Democrats Jon Ossoff and Raphael Warnock in elections held the day before the January 6 insurrection.The special grand jury in Fulton county recommended that Perdue be charged “over the persistent, repeated communications directed to multiple Georgia officials and employees between November of 2020 and January of 2021” – the period when Donald Trump was trying to overturn his election loss. The vote was 16 jurors in favor, one against, and one abstention.The jurors also recommended charges against both Loeffler and Perdue for “the national effort to overturn the 2020 presidential election”. However there was more dissent on this count. For Perdue, the vote was 17 in favor and four against, while for Loeffler, the vote was 14 in favor, 6 against, and one abstention.Fulton county district attorney Fani Willis ultimately did not indict either of the former lawmakers.Lindsey Graham’s name appeared early as Donald Trump’s attempts to stay in the White House began shortly after his re-election defeat in November 2020.Georgia secretary of state Brad Raffensperger told the press that the South Carolina senator had called him to ask if it was possible to throw away mail-in ballots in counties crucial to Joe Biden’s win in Georgia. From the Guardian’s Lauren Gambino’s report at the time:
    Georgia’s secretary of state, Brad Raffensperger, has said that Senator Lindsey Graham asked whether it was possible to invalidate legally cast ballots after Donald Trump was narrowly defeated in the state.
    In an interview with the Washington Post, Raffensperger said that his fellow Republican, the chairman of the Senate judiciary committee, questioned him about the state’s signature-matching law and asked whether political bias might have played a role in counties where poll workers accepted higher rates of mismatched signatures. According to Raffensperger, Graham then asked whether he had the authority to toss out all mail-in ballots in these counties.
    Raffensperger was reportedly “stunned” by the question, in which Graham appeared to suggest that he find a way to throw out legally cast absentee ballots.
    “It sure looked like he was wanting to go down that road,” he said.
    Graham confirmed the conversation to reporters on Capitol Hill but said it was “ridiculous” to suggest that he pressured Raffensperger to throw out legally cast absentee ballots. According to Graham, he only wanted to learn more about the process for verifying signatures, because what happens in Georgia “affects the whole nation”.
    “I thought it was a good conversation,” Graham said on Monday after the interview was published. “I’m surprised to hear he characterized it that way.”
    Trump has refused to accept results showing Joe Biden as the winner of the 2020 presidential election, falsely blaming rampant fraud and irregularities that election officials in both parties have dismissed as meritless.
    The special grand jury investigating the attempt to overturn Georgia’s 2020 election results recommended bringing charges against the state’s former senators David Perdue and Kelly Loeffler as well as the current South Carolina senator Lindsey Graham.None of the three were named in the indictment Fulton county district attorney Fani Willis unveiled last month, which targeted Donald Trump and 18 others with racketeering charges related to their attempt to stop Joe Biden from collecting Georgia’s electoral votes despite his victory there.According to the report, the jurors recommended the three senators be charged over “the national effort to overturn the 2020 presidential election”.The full report of the special grand jury whose investigation led to the indictment of Donald Trump and 18 others for trying to overturn Georgia’s 2020 election result has been released.We’re digging into it and will let you know what it says.The special grand jury report that was used in the indictment of Donald Trump and 18 others in Georgia for trying to overturn the state’s 2020 election results is expected to be released any minute now.While parts of it have already been unsealed, we will finally be getting a look at the full report by the jurors empaneled by Fulton county district attorney Fani Willis. There are two main pieces of news expected from the report:
    Whether the grand jurors recommended charges be brought against people who Willis ultimately opted not to pursue.
    The vote counts for each person the jurors said should be indicted, and whether there were any significant splits within the panel.
    Yesterday, Ron DeSantis had a testy exchange with an audience member who accused the Republican governor of backing policies in Florida that enabled violence against Black people – such as last month’s shooting by a racist gunman in Jacksonville:Clearly smarting over the exchange, DeSantis later went on Fox News to call the questioner a “nutjob”:While Joe Biden is in India for a meeting of G20 leaders, Republicans angling to replace him next year are continuing their campaigns, including Ron DeSantis – who may have done himself more harm than good by skipping a meeting with the president after a hurricane struck Florida. Here’s the story, from the Guardian’s Richard Luscombe:One reality of Florida politics is that a bad hurricane for the state traditionally blows good fortune for its governor. It was true for Rick Scott, elected a senator in November 2018, one month after guiding Florida through Category 5 Hurricane Michael; and again for Ron DeSantis, whose landslide re-election last year followed his much-praised handling of the aftermath of Hurricane Ian.This year, however, DeSantis is struggling to shake the dark clouds of Hurricane Idalia, as his return to the national stage to try to rescue his flailing presidential campaign after an 11-day break has been further scarred by his “petty and small” snub of Joe Biden’s visit to Florida last weekend to survey the storm’s damage.Opponents seized on it as a partisan politicization of a climate disaster, contrasting the Republican Florida governor’s approach to a year ago after Ian, when DeSantis and Biden put their differences aside to praise each other and tour the worst-affected areas with their respective first ladies.“Your job as governor is to be the tour guide for the president, to make sure the president sees your people, sees the damage, sees the suffering, what’s going on and what needs to be done to rebuild it,” Chris Christie, the former New Jersey governor, and a rival for the Republican presidential nomination, told Fox News Radio’s Brian Kilmeade.“You’re doing your job. And unfortunately, he put politics ahead of his job,” added Christie, who was applauded by Democrats and savaged by Republicans for working closely with Barack Obama after superstorm Sandy mauled his state in 2012.The Twitter/X account of Joe Biden, who is currently flying on Air Force One to New Delhi for a summit of G20 nations, just released video showing him touring the renovated situation room.That’s the space in the White House where the president goes to handle emergencies or highly sensitive operations:Perhaps the most famous appearance of a president in the situation room is Barack Obama’s from 1 May 2011, as he watched US soldiers kill Osama bin Laden in Pakistan. His photographer Pete Souza captured the scene:Yesterday, Donald Trump indicated he may ask that his trial in the Georgia election subversion case be moved to federal court, which the Guardian’s Hugo Lowell reported could have a number of advantages for the former president:Donald Trump’s lead defense lawyer notified a judge in Fulton county on Thursday that he could soon seek to remove to federal court the racketeering prosecution charging him with attempting to overturn the results of the 2020 presidential election in the state of Georgia.The unusual filing, submitted to the Fulton county superior court judge Scott McAfee, said only that the former president “may seek removal of his prosecution”, stopping short of submitting a formal motion to transfer the trial venue.Trump has been weighing for weeks whether to seek removal to federal court and, according to two people familiar with deliberations, is expected to make a decision based on whether his former White House chief of staff Mark Meadows is successful in his own effort.The idea with waiting on a decision in the Meadows case, the people said, is to use him as a test. If Meadows is successful in transferring to federal court, the Trump legal team is intending to repurpose the same arguments and follow a similar strategy.To have the case moved to the US district court for the northern district of Georgia, Trump would have to show that the criminal conduct alleged in the indictment involved his official duties as president – he was acting “under color of office” – and cannot be prosecuted at the state level.The rationale to seek removal to federal court is seen as twofold: the jury pool would expand beyond just the Atlanta area – which skews heavily Democratic – and a federal judge might be less deferential to local prosecutors compared with judges in the Fulton county superior court.The Georgia special grand jury report that is expected to be released at 10am ET today could reveal whether the investigative panel thought anyone else besides Donald Trump and his 18 co-defendants should face charges for meddling in the state’s election result three years ago.Fulton county district attorney Fani Willis convened the panel and used its subpoena power to compel witness testimony, and portions of its final report have already been released. The special grand jury did not indict Trump – that was done by one of the regular grand juries she convened in August.Good morning, US politics live blog readers. It’s going to be another big Friday in one of the criminal cases against Donald Trump, while US president Joe Biden is in India for G20 and a crucial bilateral with the prime minister, Narendra Modi.Here’s some of what’s ahead:
    The report of the special grand jury in Georgia that investigated Trump in the election subversion case – where the now-former president attempted to overturn the 2020 election in the swing state – is expected to be unsealed today.
    Biden is due to touch down in New Delhi, India, in under two hours, a day before the start of the G20 summit there. He and Modi will hold a bilateral meeting shortly after the US president arrives. The specter of Russia’s war in Ukraine looms over the event.
    Speaking of criminal cases against former US presidents, on this day 49 years ago Republican president Gerald Ford granted a “full, free, and absolute pardon” to former president Richard Nixon covering his entire term in office, the AP notes.
    Trump will attend a rally tonight in South Dakota and the state’s rightwing governor Kristi Noem is expected to endorse his run for the 2024 Republican nomination for the White House. Noem is considered a vice-presidential hopeful. More

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    Georgia report reveals jury called for criminal charges against Lindsey Graham and others

    A special purpose grand jury in Georgia that investigated Donald Trump’s efforts to overturn the 2020 election for nearly two years recommended bringing criminal charges against several people who ultimately were not charged, including US senator Lindsey Graham, former senators David Perdue and Kelly Loeffler, as well as the influential conservative figure Cleta Mitchell.Those recommendations were revealed Friday when the special purpose grand jury’s final report was unsealed. A regular grand jury indicted Trump and 18 others over their efforts to overturn the 2020 election last month. Those charged include Rudy Giuliani, Mark Meadows, Sidney Powell, and former Georgia Republican party chairman David Shafer.The special purpose grand jury recommended bringing charges against Graham, Perdue and Loefller “with respect to the national effort to overturn the 2020 presidential election with efforts focused on Georgia, Arizona, Wisconsin, Michigan, Pennsylvania, and the District of Columbia”.Graham, a key Trump ally in the senate, called Georgia secretary of state Brad Raffensperger after the election and inquired about tossing aside legally cast mail-in ballots. Perdue reportedly pushed Georgia governor Brian Kemp to call a special session of the Georgia legislature in order to overturn the election results. Loeffler initially said she would vote against certification of Biden’s win in the US Senate before reversing course after the January 6 riot and voting in favor of certification.Mitchell, who remains an influential figure on the right today, was on the infamous January 2021 phone call in which Trump asked Raffensperger to find votes in his favor. The special purpose grand jury unanimously recommended indicting her under several Georgia statutes.The special purpose grand jury also recommended indicting Michael Flynn, Trump’s former national security adviser, and Boris Epshteyn, who remains a top Trump aide.It also recommended charges against Burt Jones, who served as a fake elector and is now lieutenant governor of Georgia. A special prosecutor is handling an investigation of Jones after Willis was barred from investigating him after hosting a fundraiser for a political rival. More

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    Trump may seek to transfer Georgia 2020 election charges to federal court

    Donald Trump’s lead defense lawyer notified a judge in Fulton county on Thursday that he could soon seek to remove to federal court the racketeering prosecution charging him with attempting to overturn the results of the 2020 presidential election in the state of Georgia.The unusual filing, submitted to the Fulton county superior court judge Scott McAfee, said only that the former president “may seek removal of his prosecution”, stopping short of submitting a formal motion to transfer the trial venue.Trump has been weighing for weeks whether to seek removal to federal court and, according to two people familiar with deliberations, is expected to make a decision based on whether his former White House chief of staff Mark Meadows is successful in his own effort.The idea with waiting on a decision in the Meadows case, the people said, is to use him as a test. If Meadows is successful in transferring to federal court, the Trump legal team is intending to repurpose the same arguments and follow a similar strategy.To have the case moved to the US district court for the northern district of Georgia, Trump would have to show that the criminal conduct alleged in the indictment involved his official duties as president – he was acting “under color of office” – and cannot be prosecuted at the state level.The rationale to seek removal to federal court is seen as twofold: the jury pool would expand beyond just the Atlanta area – which skews heavily Democratic – and a federal judge might be less deferential to local prosecutors compared with judges in the Fulton county superior court.There is no obligation for a defendant to inform a judge about a hypothetical motion and so, in that sense, Trump’s filing was aimed more at giving notice to the judge who is deliberating on whether all the defendants in the case should be tried at the same time.A spokesperson for Trump could not immediately be reached for comment.Last month, the Atlanta-area grand jury handed up a sprawling 41-count indictment against Trump and 18 others, alleging that the former president violated Georgia’s state Rico statute in pursuing a multi-pronged effort to throw out the results of a fair election.For the moment, two of the defendants, the former Trump election litigation lawyers Kenneth Chesebro and Sidney Powell, are scheduled for trial on 23 October after they both sought a speedy trial. But it remains unclear whether everyone else will also go to trial on that date.The removal question has major and complicated implications: if Trump or Meadows manages to transfer to federal court, that could upend any trial in Fulton county superior court that had started or finished because of potential jurisdictional issues.Trump can wait until 30 days after his arraignment – or in this case, his arraignment waiver and not-guilty plea filed on 31 August – to decide whether to seek removal to federal court.The Trump legal team is almost certain to wait until the last moment to file, the people said, given Trump’s overarching legal strategy with all of his criminal cases is to delay, potentially even beyond the 2024 election for which he is the frontrunner for the Republican nomination. More

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    First hearing held in Georgia for 2020 election interference case

    A Fulton county judge said that he hoped to decide on trial schedules in the Georgia election interference case next week, a case for which a joint trial will take approximately four months, according to state prosecutors.On Wednesday, the judge Scott McAfee held the first hearing in the Georgia election interference case involving 19 co-defendants including ex-president Donald Trump, who have been charged with interfering in the 2020 presidential elections.During the hearing, a prosecutor from the Fulton county district attorney’s office said that a joint trial involving all 19 defendants will take approximately four months.The prosecutor Nathan Wade also said that the trial will involve approximately 150 witnesses and that the timeline does not account for jury selection.McAfee also denied the request of Kenneth Chesebro to sever his case from his co-defendant Sidney Powell and ordered the two defendants to stand trial on 23 October together.McAfee disagreed with requests from Chesebro and Powell – both attorneys who worked alongside the Trump campaign in 2020 – who wanted their cases to be handled separately from other defendants. Both Chesebro and Powell have also filed motions for a speedy trial.Chesebro’s attorney Scott Grubman argued that while Chesebro’s case surrounds the fake electors scheme, Powell’s case revolves primarily around Coffee county’s voting systems breach.“You’re going to have two cases in one. You’re going to have days, if not weeks, God forbid months, of testimony just related to the Coffee county allegations,” Grubman argued.Manubir “Manny” Arora, another attorney of Chesebro’s, echoed similar sentiments, saying that Powell’s charges have “nothing to do with Mr Chesebro”.Meanwhile, state prosecutor Wade argued that even if Chesebro and Powell’s cases were severed, the Fulton county district attorney’s office would “absolutely” still require the same amount of time and witnesses to try the case.Nevertheless, McAfee disagreed, saying: “Based on what’s been presented today, I am not finding the severance from Mr Chesbro or Ms Powell is necessary to achieve a fair determination of the guilt or innocence for either defendant in this case.”McAfee, who decided to adhere to Chesebro and Powell’s request for a speedy trial, has yet to issue a final ruling on whether the remaining 17 co-defendants will also be tried in October.“It sounds like the state is still sticking to the position that all these defendants should remain and they want to address some of these removal issues,” McAfee said on Wednesday. “I’m willing to hear that. I remain very skeptical, but we can – I’m willing to hear what you have to say on it,” he added.McAfee gave prosecutors until Tuesday to submit a brief on whether the 23 October trial will include only Chesebro and Powell or all of the defendants. More

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    Former Proud Boys leader sentenced to 22 years over US Capitol attack

    The former Proud Boys leader Enrique Tarrio was sentenced to 22 years in prison on Tuesday for his part in the failed plot to keep Donald Trump in power after the 2020 election.Prosecutors sought a 33-year term. The judge did not agree but nonetheless handed down the longest sentence yet in a case relating to 2020 and the January 6 Capitol attack. The longest sentence previously handed down was 18 years, to both Ethan Nordean, a member of the Proud Boys, and Stewart Rhodes, the founder of the Oath Keepers militia.Tarrio was a top target in one of the most important cases prosecuted by the US justice department over the deadly attack on Congress on 6 January 2021.In May, Tarrio and three lieutenants were convicted of charges including seditious conspiracy, a civil-war-era offense previously rarely brought but now levied against members of far-right groups that took part in the January 6 attack.In remarks to the court in Washington, Tarrio said he was sorry for the events of January 6, and credited police officers for their bravery in resisting the attack.“What happened on January 6 was a national embarrassment,” Tarrio said, adding that he both now knew Trump lost to Joe Biden and blamed himself for actions that led to him losing his freedom.Becoming emotional, Tarrio said: “I do not think what happened that day was acceptable.”He pleaded with the judge, Timothy Kelly, for leniency. “Please show me mercy,” Tarrio said. “I ask you that you not take my 40s from me.”Kelly emphasised the damage done.“That day broke our previously unbroken tradition of peacefully transferring power,” he said. “That previously unbroken tradition is broken now, and it’s going to take time and effort to fix it.”Before handing down the sentence, the judge said he did not see any indication that Tarrio was remorseful for what he was convicted of, adding that there was a strong need to send a signal to others.“It can’t happen again,” Kelly said.The case was one of the most significant prosecutions in the federal investigation of the attack on Congress, which saw supporters of Trump shock the world with their attempt to overturn Joe Biden’s victory.The Proud Boys are a so-called “western chauvinist” group, often involved in street fighting with leftwing activists. Tarrio was involved in the run-up to the January 6 insurrection but did not take part in the violence. Before members of the Proud Boys joined thousands in storming the Capitol as lawmakers met to certify Biden’s victory, Tarrio was arrested and ordered to leave Washington. But prosecutors showed he organised and led from afar.skip past newsletter promotionafter newsletter promotion“Using his powerful platform, Tarrio has repeatedly and publicly indicated that he has no regrets about what he helped make happen on January 6,” prosecutors said.Tarrio’s lawyers denied the Proud Boys had any plan to attack the Capitol, arguing that prosecutors used Tarrio as a scapegoat for Trump, who spoke at a “Stop the Steal” rally near the White House on January 6, urging supporters to “fight like hell”.The justice department has charged Trump with conspiring to subvert American democracy. But the Tarrio case and hundreds of others stand as vivid reminders of the chaos fueled by Trump’s lies, including the storming of the Capitol in an attempt to thwart the peaceful transfer of power, a riot now linked to nine deaths including suicides among law enforcement.Urging a lenient sentence, Tarrio’s lawyers noted that he has a history of cooperating with law enforcement. Court records uncovered in 2021 showed that Tarrio worked undercover and cooperated with investigators after he was accused of fraud in 2012.During the riot, however, Tarrio posted encouraging messages on social media, expressing pride and urging followers to stay at the Capitol. He posted a picture of rioters in the Senate chamber with the caption “1776”, the year of the Declaration of Independence.Several days before the riot, a girlfriend sent Tarrio a document entitled “1776 Returns”. It called for storming and occupying government buildings, “for the purpose of getting the government to overturn the election results”, prosecutors said.More than 1,100 people have been charged in relation to the Capitol attack. More than 600 have been sentenced, more than half receiving prison terms.The Associated Press contributed to this report More