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Trump’s appeal to disqualify Fani Willis from GA case gets October hearing date

Trump’s appeal to disqualify Fani Willis from GA case gets October hearing date

The Georgia Court of Appeals has tentatively scheduled a hearing date of Oct. 4 for the case brought by former President Trump and his co-defendants to have embattled District Attorney Fani Willis disqualified from the case.  “President Trump’s interlocutory appeal was docketed today in the Georgia Court of Appeals, and oral argument is tentatively scheduled for October 4, 2024,” Steve Sadow, lawyer for President Trump said in a statement.  “We look forward to presenting arguments before Judges Brown, Markel, and Land on why this case should be dismissed and Fulton County DA Willis should be disqualified for the trial court’s acknowledged ‘odor of mendacity’ misconduct in violation of the Georgia Rules of Professional Conduct.” Judge P.J. Miller has recused herself, and Judge Brown is her replacement. REP JORDAN URGES CONGRESS TO ‘DEFUND LAWFARE ACTIVITIES’ OF TRUMP PROSECUTORS The date is tentative, subject to motions from the parties agreeing on the date. Oct. 4 is roughly a month out from the presidential election, all but nullifying Willis’ aim to have the sweeping racketeering case against the former president and presumptive 2024 GOP nominee go to trial before the election.  Judge Scott McAfee’s order in March said that special prosecutor Nathan Wade had to be removed in order to keep Willis from disqualification in the Trump election interference case in Georgia.  Trump and several co-defendants alleged Willis and Wade were romantically involved prior to his hiring and that she financially benefited from the relationship. Both Willis and Wade denied those allegations. McAfee allowed the defense to appeal his ruling, and the appeals court announced last week that it will hear the defense’s case to still have Willis disqualified. The appeals court agreed to hear the case last month.  McAfee’s ruling in March said the defendants “failed to meet their burden of proving that the District Attorney acquired an actual conflict of interest in this case through her personal relationship and recurring travels with her lead prosecutor.” GEORGIA PROSECUTOR FANI WILLIS APPEALS AFTER JUDGE DROPS MULTIPLE TRUMP CHARGES “However, the established record now highlights a significant appearance of impropriety that infects the current structure of the prosecution team – an appearance that must be removed through the State’s selection of one of two options,” he wrote, adding that Willis and her whole office can choose to step aside, or Wade can withdraw from the case. Wade subsequently resigned from his post as special prosecutor. Both Wade and Willis denied they were in a romantic relationship prior to his hiring and that the couple would split the costs of their shared travels; Willis said she reimbursed Wade for her share of the trips in cash. In his March order, McAfee said while Willis’ “reimbursement practice” was “unusual and the lack of any documentary corroboration understandably concerning,” he ultimately decided that the defendants did not present “sufficient evidence” that expenses weren’t “roughly divided evenly.”  He also said that “the evidence demonstrated that the financial gain flowing from her relationship with Wade was not a motivating factor on the part of the District Attorney to indict and prosecute this case.” FANI WILLIS’ EX-STAFFER TESTIFIES SHE WAS FIRED AFTER BLOWING WHISTLE ON DA’S SPENDING In February, Judge McAfee held a two-day evidentiary hearing where the defense, led by attorney Ashley Merchant, set out to expose a money trail that would mean Willis has a conflict of interest in the case against Trump and should be disqualified. “[T]he Court finds that the record made at the evidentiary hearing established that the District Attorney’s prosecution is encumbered by an appearance of impropriety,” McAfee wrote in his order. “As the case moves forward, reasonable members of the public could easily be left to wonder whether the financial exchanges have continued resulting in some form of benefit to the District Attorney, or even whether the romantic relationship has resumed.” “Put differently, an outsider could reasonably think that the District Attorney is not exercising her independent professional judgment totally free of any compromising influences. As long as Wade remains on the case, this unnecessary perception will persist,” he said. Both Willis and Wade insisted that their relationship started in 2022, after Wade was hired. But they contradicted testimony from Robin Yeartie, a former “good friend” of Willis and past employee at the DA’s office.  Yeartie said she had “no doubt” that Willis and Wade’s relationship started in 2019, after the two met at a conference.  When the defense in March submitted a joint motion for a Certificate of Immediate Review, McAfee said that his Order on the Defendants’ Motions to Dismiss and Disqualify the Fulton County District Attorney issued March 15 “is of such importance to the case that immediate review should be had” and allowed the defendants to ask the Georgia appeals court for an opportunity to appeal, which the court granted last month. 

Fox News Power Rankings: All eyes could be on Omaha this November

Fox News Power Rankings: All eyes could be on Omaha this November

Former President Trump maintains his slight edge in the latest Fox News Power Rankings, which has Trump at 251 electoral college votes to President Biden’s 241. The forecast continues to see the race coming down to four toss-up states: Pennsylvania, Wisconsin, Arizona, and Nevada.  Four other states, including Michigan, Minnesota, Georgia, and North Carolina are also highly competitive. But there is a change in one state that could prove essential to a Trump victory. Trump tops Biden by one point in the latest Fox News survey; a result well within the margin of error. Most high-quality polling since the last forecast is showing the same result: a one or two point lead, either for Biden or Trump, within each poll’s margin of error. TRUMP, BIDEN FACE TESTS IN FINAL 2024 PRESIDENTIAL PRIMARY It is too early to tell whether Trump’s conviction in a criminal trial over falsified business records will impact this race, though polling conducted by Marist in the week before the verdict suggests that it will not. Trump is leading in the battleground states, and especially the closest Sun Belt states (Arizona, Georgia, and Nevada), with mid to high single-digit margins. The race is closer in the Rust Belt states (Michigan, Pennsylvania, and Wisconsin), where Trump’s leads are usually within one or two points. Robert F. Kennedy Jr is still a wild card in this race. He received support from 17% of registered voters in a Marquette survey two weeks ago. He pulls roughly the same amount of support from both sides in most polls, though Republican voters tend to view him more favorably. Trump’s consistent leads are good news for the former president’s campaign. He is making significant inroads with traditionally Democratic groups; particularly young, Hispanic, and Black voters. As the new Fox News Power Rankings Issues Tracker reveals today, voters say Trump is the right man to handle the economy and the border, two out of the three leading issues in this election. Voters also say Trump is more mentally and physically fit to take on the job. Biden has a more modest advantage on abortion policy, and voters say he is more honest than Trump. Biden’s policy woes are unlikely to go away before November: prices are much higher under his administration, many more illegal immigrants will enter the country, and he will continue to age. And while Democrats argue that voters are ‘just waking up’ to this election, this is the first rematch in 70 years. Voters are very familiar with these candidates and what they stand for. On election night, the only math that matters is the race to 270 electoral college votes. In an election with no surprises in other states, Biden can hold on to the presidency by keeping Michigan, Pennsylvania, and Wisconsin. There are also reasons to think that support for Biden among young and minority voters could strengthen as November approaches. As Fox News polling analysis recently showed, “in April 2020, Biden was at 66% among Blacks and 52% among Hispanics. He ultimately won both groups with much wider percentages, 91% and 63%, respectively, according to the November 2020 Fox News Voter Analysis.” Close elections also come down to turnout.  Biden has strong support from college educated voters, who are a very reliable voting group, and he leads on abortion.  That issue not only rates as a top deal-breaker issue in the latest Fox survey, but is highly likely to feature separately on the ballot in Arizona, which this forecast views as a toss-up state. Biden can win another four years if he keeps the Rust Belt states and there are no other surprises. What would a surprise look like?  The most likely candidate is Nebraska’s 2nd Congressional District. If Biden keeps Michigan, Pennsylvania and Wisconsin and every other state he won in the 2020 election, the incumbent president will take home 270 electoral college votes. That is the minimum number of votes required to win the election outright. One of the votes making up that 270 is Nebraska’s 2nd district. (Maine and Nebraska are the only states that award electoral college votes both to the winner of the statewide vote, and the winner of the same vote but separated by congressional district.) If Trump wins that district, then it’s a tied race at 269 electoral college votes each.  Ties are resolved in the U.S. House, where each state gets one vote. If Republicans control the majority of seats in a state, then a Republican member will cast the vote for that state. Assuming the electoral college votes in line with the results, and Republicans do not suffer massive losses in the House at the next election, and the voter for each Republican-led state supports Trump, then he would be the likely victor in an electoral college tie. TRUMP VERDICT FIRES UP THE DONOR CLASS LEADING TO MASSIVE MAY FUNDRAISING HAUL Nebraska’s 2nd district has voted for two Democratic and two Republican presidents in the last four elections: Omaha and its suburbs make up a significant part of the district’s population, and that city has a disproportionately high percentage of people with a college education, making the district the most favorable territory for Biden in a very Republican state. Both parties are keeping an eye on this part of the state and this forecast expects them to invest heavily in it as November draws closer. Nebraska moves from Likely D to Lean D in this forecast.

Trump leads Biden on most of the key issues in the first Fox News Power Rankings Issues Tracker

Trump leads Biden on most of the key issues in the first Fox News Power Rankings Issues Tracker

Voters back former President Trump to handle the economy and secure the border, and they believe he is more physically and mentally fit than President Biden. But Biden leads Trump on handling abortion rights and protecting democracy, and voters think he is more honest than Trump. These are the results of the first Fox News Power Rankings Issues Tracker, a new polling tracker for the 2024 presidential election. Elections have always been defined by issues.  In the last forty years alone, Americans have used their voice at the ballot box to decide the future of Reaganomics (1984), deficit and welfare reform (1996), the Iraq War (2004) and Obamacare (2012). This cycle can feel different. As the first rematch in nearly 70 years, voters are already very familiar with the candidates and what they stand for. And the conversation has often turned away from policy. Trump’s hush money trial in New York has dominated headlines for nearly two months, along with debates about debates and “freakouts” about aging candidates. But there are significant policy questions on the line at this election, from the future of immigration, to abortion law, to the fairness of elections. TRUMP, BIDEN FACE TESTS IN FINAL 2024 PRESIDENTIAL PRIMARIES We have a variety of election data products to figure out which candidate is leading the horserace, including individual polls, forecasts, and polling averages. Until now, there has been no polling tracker dedicated to the issues.  The Fox News Power Rankings Issues Tracker is designed to fill that gap. The number next to each issue on the dials tells you the number of percentage points by which that candidate leads on that issue. For example, the “+15” for former President Trump next to “economy” means that Trump leads Biden by fifteen points on that issue. This is a polling tracker. It reflects how well a candidate is doing now on a particular issue. That issue may or may not be decisive in November. For the presidential forecast, see the regular Fox News Power Rankings, which have also been updated today. This tracker doesn’t address issue prioritization, which is measured in a variety of ways by each pollster. In other words, this tracker will not tell you how important an issue is to voters. The goal is to tell you which candidate they think will better handle it. Former President Trump has the strongest leads on the board, led by the border & immigration (Trump +18), the economy (Trump +15), foreign policy (Trump +7) and crime/guns (Trump +7). Voters prefer President Biden on abortion (Biden +12), preserving democracy and election integrity (Biden +7) and healthcare (Biden +7). Trump has consistent double digit advantages on the economy in this tracker. It comes as Americans struggle to cope with inflation. Overall, prices are up 19.3% in the three years since Biden took office and while weekly earnings have also grown, they have not kept pace. Trump has made the high price of staples like milk, eggs, and gas a cornerstone of his campaign. For their part, the Biden campaign points to other important economic indicators to bolster their case. Unemployment, for example, is at a decades-long record low, and GDP data shows the economy is growing. But voters are not giving the administration any more credit for the overall state of the economy than they are for inflation. Last month’s ABC/Ipsos poll asked Americans which candidate they preferred on the economy, and separately, inflation. Trump leads by 14 points on both. (Note: unlike other polls on this tracker, ABC/Ipsos surveys adults, not registered voters.) Voters think Biden will handle abortion policy better than Trump.  Biden leads on the issue by 12 points in this tracker. This is an important advantage for the incumbent president. In a recent Fox News survey, abortion edged out the economy and the border for the biggest “deal-breaker” issue among voters. In other words, those three issues are the most likely to determine votes in November. And abortion was the biggest single issue among suburban women, Black voters, those with a college degree, and voters under 30. Abortion access has been curtailed, sometimes severely, in 25 states since the Supreme Court overturned Roe v Wade, which protected abortion as a fundamental right. In April, Trump said he wants individual states to determine abortion policy. He also said he supported exceptions for “rape, incest, and life of the mother.” Trump did not say whether he is open to enshrining those exceptions at the federal level. Either way, a clear majority of voters (63%) continue to say they want abortion to be legal in all or most cases. The border and immigration is not only Trump’s strongest issue, but it is the issue with the largest lead for any candidate in this tracker. Voters prefer Trump on the border and immigration by 18 points. Biden’s dismal numbers are the result of an influx of illegal immigration during his administration.  Nearly 7.8 million illegal immigrants have been apprehended at the southern border under his presidency so far, versus about 2.5 million under President Trump. That surge has slowed somewhat in recent months. TRUMP GUILTY VERDICT REVEALS SPLIT AMONG FORMER GOP PRESIDENTIAL PRIMARY OPPONENTS Democrats say they supported a bipartisan bill to reduce border crossings earlier this year, and blame Senate Republicans for blocking it (Sen. Lisa Murkowski was the only GOP Senator who voted in favor). But the border remains a centerpiece of Trump’s campaign, and that is unlikely to change before November. Notably, Trump has double digit leads when adults are asked about “immigration at the US-Mexico border” and voters are asked about “immigration” more broadly. That suggests that voters prefer Trump to handle the surge of illegal immigrants at the border, and the wider question of immigration reform. “Democracy and elections” usually does not rate as a significant issue in a presidential election. But this is the first time voters will go to the polls in a presidential election since the January 6 riots, and since Trump’s efforts to