Trump and co-defendants ask appeals court to review ruling allowing Fani Willis to stay on Georgia election case


Former President Donald Trump and eight other defendants accused of illegally trying to interfere in the 2020 election in Georgia on Friday submitted a formal application to appeal a judge’s ruling allowing Fulton County District Attorney Fani Willis to remain on the case.

Trump and other defendants had tried to get Willis and her office tossed off the case, saying her romantic relationship with special prosecutor Nathan Wade created a conflict of interest. Superior Court Judge Scott McAfee earlier this month found that there was not a conflict of interest that should force Willis off the case but said that the prosecution was “encumbered by an appearance of impropriety.”

McAfee’s ruling said Willis could continue her prosecution if Wade left the case, and the special prosecutor resigned hours later. Lawyers for Trump and other defendants then asked McAfee to allow them to appeal his ruling to the Georgia Court of Appeals, and he granted that request.

The filing of an application with the appeals court is the next step in that process. The Court of Appeals has 45 days to decide whether it will take up the matter.

The allegations that Willis had improperly benefited from her romance with Wade upended the case for weeks. Intimate details of Willis and Wade’s personal lives were aired in court in mid-February, overshadowing the serious allegations in one of four criminal cases against the Republican former president. Trump and 18 others were indicted in August, accused of participating in a wide-ranging scheme to illegally try to overturn his narrow 2020 presidential election loss to President Biden in Georgia.

Fulton County District Attorney Fani Willis looks on during a hearing at the Fulton County Courthouse on March 1, 2024, in Atlanta.
Fulton County District Attorney Fani Willis looks on during a hearing at the Fulton County Courthouse on March 1, 2024, in Atlanta.

Alex Slitz / Getty Images


The appeal application says McAfee was wrong not to disqualify both Willis and Wade from the case, saying that “providing DA Willis with the option to simply remove Wade confounds logic and is contrary to Georgia law.”

Steve Sadow, Trump’s lead attorney in the case, said in a statement that the case should have been dismissed and “at a minimum” Willis should have been disqualified from continuing to prosecute it. He said the Court of Appeals should grant the application and consider the merits of the appeal.

A spokesperson for Willis declined to comment.

Willis used Georgia’s Racketeer Influenced and Corrupt Organizations, or RICO, law, an expansive anti-racketeering statute, to charge Trump and the 18 others. Four people charged in the case have pleaded guilty after reaching deals with prosecutors. Trump and the others have pleaded not guilty.

McAfee clearly found that Willis’ relationship with Wade and his employment as lead prosecutor in the case created an appearance of impropriety, and his failure to disqualify Willis and her whole office from the case “is plain legal error requiring reversal,” the defense attorneys wrote in their application.

Given the complexity of the case and the number of defendants, the application says, multiple trials will likely be necessary. Failure to disqualify Willis now could require any verdicts to be overturned, and it would be “neither prudent nor efficient” to risk having to go through “this painful, divisive, and expensive process” multiple times, it says.

In his ruling, McAfee cited a lack of appellate guidance on the issue of disqualifying a prosecutor for forensic misconduct, and the appeals court should step in to establish such a precedent, the lawyers argue.

Finally, the defense attorneys argued, it is crucial that prosecutors “remain and appear to be disinterested and impartial” to maintain public faith in the integrity of the judicial system.



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Fitbit Charge 6 review


Buying a  fitness tracker is more complicated than ever. With tons of models on the market from popular, trusted brands, it can be difficult to wade through the pack to find the right one. I review tech and smartwatches for NBC Select, and even I have a hard time knowing which one to recommend to friends and family. Ask me for a suggestion and I’ll pepper you with a list of questions. “What phone do you have? Do you think you’ll wear this thing everyday? Even to sleep? Do you want to send texts from it? Do you run outdoors a lot?”

Thankfully, for anyone who has never owned a smartwatch before, or for folks who think less is more, I can wholeheartedly, easily recommend the Fitbit Charge 6. It’s a small, easy-to-use watch that costs less than most of the competition, without skimping on essential features.

SKIP AHEAD How I tried the Fitbit Charge 6  | Our experience with the Fitbit Charge 6 | Who is the Fitbit Charge 6 best for? | Why trust NBC Select?

The Fitbit Charge 6

Fitbit Charge 6

What we like

  • Small, light and comfortable
  • Long battery life
  • Beginner-friendly app

Something to note

  • Cannot turn it off
  • Some data needs a subscription

The Fitbit Charge 6 ($159.95) is a small fitness watch that can track your heart rate, daily steps, distance traveled, fitness activities, calories burned, nightly sleep, menstrual health and other wellness metrics.  It also shows notifications for texts, calls and emails when paired with a smartphone. It is smaller than most fitness trackers on the market, with a vertical touchscreen and has a swappable wristband.

The Charge 6 is an upgrade of 2021’s Fitbit Charge 5. On the outside, the two products are nearly identical. The Charge 6, which was released in 2023, has a new side button on the left — pressing it returns you to the home screen or, if you are working out, gives you options to complete your workout. It also has a more accurate heart rate sensor compared to the Charge 5, according to the brand.

Other changes are internal. You can choose from 41 different exercise modes (up from 20), including new options like strength training and HIIT. Also new to the Charge 6 are controls for Google Wallet, Google Maps navigation and YouTube Music. The Charge 6 can also connect via Bluetooth to certain home gym equipment like the latest models from Peloton, Concept 2, Tonal, Nordictrack and more. When connected, the machine will display your heart rate on screen.

The Charge 6 requires a Google account to use. If you already have a Fitbit account, you can migrate that data into a Google account — the app will walk you through this process.

Display size: 26mm touchscreen | Weight: 15g (without band) | Battery life: Up to 7 days | Built-in GPS: Yes | Sleep tracking: Yes (not including naps) | Heart-rate monitor: Yes, with EKG | Water resistance: Yes, up to 50 meters | Works best with: Fitbit app (iPhone or Android)

How I tried the Fitbit Charge 6 

I’ve been wearing the Fitbit Charge 6, which the brand sent me, for the past three weeks, as well as on and off since its release in 2023. For the three week test period, I only took it off to charge it, usually in the evening after a few days’ use. I wore it for indoor and outdoor exercise, primarily strength training and running. While running, I relied on the Charge 6 to show me my distance and pace. I also wore the Apple Watch SE on my other wrist to compare data and stats between the devices.

NBC Select updates editor Mili Godio also tried the Charge 6 (Fitbit also sent her a model to sample) for about three weeks, tracking her walks and gym workouts. Prior to trying the Charge 6, she wore an another Fitbit device, the Charge 5, on and off for the past two years. 

Our experience with the Fitbit Charge 6

The Charge 6 is one of the best fitness trackers for beginners, anyone who wants to be more active and those who do not already own a smartwatch. It’s comfortable, subtle, easy to use and doesn’t overwhelm you with data.

What we like

Friendly design

The Charge 6 is far less obtrusive on my wrist than something like an Apple Watch SE ($249) or Garmin Forerunner 165 ($249). It never bothers me during sleep (other wearables do), and never gets caught on long sleeves.

A close up video of a man swiping through the screen of the Fitbit Charge 6 to show different apps, including notifications, exercise, alarms, timers, EDA scan, ECG, Google Maps, and YouTube Music.
You can swipe left or right to flip through the main apps one at a time.Courtesy Harry Rabinowitz

The Charge 6 is one of the only wearables Godio wears often — most other options she’s tried are either too big or too dense with data for her taste. After three weeks of constant use, I cannot help but agree: the interface of the Charge 6 is simple and less overwhelming than other data-heavy trackers. It never shows too much text on screen at once — each app takes up the whole screen instead of trying to split itself into sections and show you as much text as possible. This is a smart choice, considering the small 26 millimeters screen (compared to most smartwatch’s 40 to 46 millimeters).


The Fitbit app is simple and clean. Tapping a specific data point, like steps, for example, usually opens a  chart or graph, giving you more of a breakdown about your step count.
The Fitbit app is simple and clean. Tapping a specific data point, like steps, for example, usually opens a chart or graph, giving you more of a breakdown about your step count.Courtesy Harry Rabinowitz

Easy to use app

The friendly design extends to the Fitbit app too.

The Fitbit app is organized more like a health app than an exercise one, in my experience. The home screen shows your steps, active zone minutes, mileage, calories burned and sleep score — other apps, like Garmin Connect and Apple Fitness, put more emphasis on individual workout data, which can be overwhelming for beginners like Godio, who find graphs with metrics — like average power, cadence and vertical oscillation — unhelpful.

Battery life

The Charge 6 has great battery life. I averaged five days of use before needing to charge it — that’s far longer than entry-level smartwatches like the Apple Watch SE ($249) and Google Pixel Watch 2 ($349).

Its battery life nosedives, however, in the always-on display mode. While the feature is convenient  for frequently checking the time, it knocks battery life down to about a day, in my experience so I largely kept this setting turned off.

Potential drawbacks to keep in mind

You cannot turn it off

Unlike every other fitness tracker I’ve tried, you cannot turn the Charge 6 off, which can drain  battery life. It does, however, enter “power-saver mode” after 10 minutes of inactivity.

The Charge 6 (despite its name) is not super convenient to charge, either. The included USB-A charging cable is on the shorter side at 20.5-inches long compared to other brands’ cords and has weaker magnets that often pop out of place compared to something like the Apple Watch SE’s charging puck, in my experience. It’s also proprietary meaning you cannot use it with a wireless charger. 

Certain data requires a Fitbit subscription to view

Your daily readiness score, sleep profile, sleep details and stress management details are only available if you are a Fitbit Premium subscriber, which costs $10 a month. This stings a bit, but there are competitors out there including the Apple Watch SE ($249) and Garmin Forerunner 165 ($249) that offer many sleep and readiness details with no added fees. People I know keep their wearables for at least three years — $10 a month adds up fast.

You can see a longer list of tracking features that are only available to subscribers here.

Not the best for live workout data

Screen size makes a big difference when it comes to showing data mid-workout.
Screen size makes a big difference when it comes to showing data mid-workout.Courtesy Harry Rabinowitz

The accessible design and small screen of the Charge 6 is not a great fit for people who want to view a lot of stats during their workout. 

During a run, my Apple Watch SE can show me five customizable data fields at a glance. I’ve set mine to show me my workout duration, heart rate, rolling mile pace, average mile pace and mileage completed. 

The Charge 6, on the other hand, only shows me the current time, my workout duration, and one key metric in the center. You can tap the screen to cycle through different metrics in the key center spot, but I do not want to tap my wrist incessantly while running — I prefer to know everything at a glance.

I don’t think Fitbit should change this — the screen is too small to show a ton of data at once. This is just another example of how the Charge 6 is better for beginners than data fiends like me.

Who is the Fitbit Charge 6 best for?

The accessible design and small screen of the Charge 6 makes it a great fit for people who want something slim and casual to wear. Its simple interface is an option for beginners, but anyone planning their next half-marathon might be better off with a larger smartwatch.

Why trust NBC Select?

Harry Rabinowitz is a reporter at NBC Select who covers technology and fitness including guides to fitness tracking devices, running shoes and workout earbuds. 

Mili Godio is an updates editor at NBC Select who covers a wide range of topics across skin care, wellness and pet care, including guides to scar treatments, dog food brands, and sunscreen for sensitive skin.

Rabinowitz and Godio tried the Fitbit Charge 6 for three weeks after the brand sent them each a model to try out. Rabinowitz tracked his exercise, sleep and everyday metrics, and compared them to other wearables at a similar price point.

Catch up on Select’s in-depth coverage of personal finance, tech and tools, wellness and more, and follow us on Facebook, Instagram, Twitter and TikTok to stay up to date.





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Clashes in Brussels as states agree EU farm policy review


EU member states Tuesday agreed to unpick more eco-friendly requirements under the bloc’s common agricultural policy (CAP) in a new bid to pacify months-long protests by farmers — who faced off with riot police in Brussels for the third time in two months.

Police said they used tear gas and water cannon against farmers who targeted them with eggs and Molotov cocktails, with two officers injured in the standoff and one arrest.

The CAP review was approved by a special committee as agriculture ministers met under tight security in the city’s European quarter, which farmers thronged with 250 tractors, setting fire to tyres and bales of hay.

“We have listened to our farmers and we have taken swift action to address their concerns at a time when they are confronted with numerous challenges,” said David Clarinval, deputy prime minister of Belgium, which holds the rotating EU presidency.

He said the revision sought to slash red tape and give farmers more flexibility in complying with green regulations while “maintaining a high level of environmental ambition” — a claim rejected by environmental groups who see it as a big step backwards.

Farmers have been mounting rolling protests in countries across the EU, from Belgium to France, Spain, Italy and Poland, over a long list of burdens they say are depressing revenue.

The latest in a string of concessions on agriculture come less than three months before bloc-wide elections for the European Parliament. Surveys predict the vote will result in a surge of support for far-right parties that are using farmers’ discontent as part of their campaigning.

The proposal now goes before EU lawmakers for approval.

– ‘Old recipes’ –

The CAP review, first proposed by the European Commission in mid-March, changes a set of environmental and climate standards that determine whether farmers can receive subsidies under the policy.

A key change involves granting leeway to farmers who fail to meet CAP requirements because of extreme weather.

The revision does away entirely with the obligation to leave a share of arable land fallow — a measure aimed at protecting soils and promoting biodiversity but a major gripe for farmers. But they would still be incentivised to do so.

Member states would have more flexibility to decide which soils to protect and in which season, and would be allowed to diversify crops as well as rotate them.

And the revision exempts small farms under 10 hectares (25 acres) from inspections and penalties related to CAP compliance.

France’s Agriculture Minister Marc Fesneau welcomed it as a step “in the right direction.”

And the powerful European farmers association Copa-Cogeca said its adoption by member states sent a “positive signal”, calling on EU lawmakers to follow suit.

But a coalition of 16 environmental groups including WWF and Greenpeace declared themselves “extremely concerned”, saying the proposal was made without proper impact assessment and urging the Commission to reverse course.

The review was approved with backing from a qualified majority of EU states — overriding opposition from Germany in particular.

Though a frequent critic of red tape under existing CAP rules, Germany’s Agriculture Minister Cem Ozdemir said the changes signalled a step backwards — to the time before the EU made defending the environment a priority.

“We won’t obtain better results by using old recipes,” Ozdemir warned. “This was a policy that considerably harmed the little guys, and that just made the big guys bigger.”

jug-ec/rlp



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FAA to review United Airlines practices following string of incidents


FAA to review United Airlines practices following string of incidents – CBS News

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The Federal Aviation Administration is taking a closer look at United Airlines following a series of safety incidents. The company acknowledged the probe in a memo to staff. Elise Preston reports.

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Texas A&M will pay $1M to Black professor following botched hiring and internal review


An internal investigation of Texas A&M’s botched hiring of Kathleen McElroy, a journalism professor and veteran journalist who is Black, concluded race and gender were not factors in the decision to reduce her tenure offer to a one-year position after conservative backlash over her work around diversity.

The Texas A&M University System said Thursday it has agreed to pay $1 million to McElroy in a settlement reached after watering down its initial job offer. In a statement, Texas A&M leadership apologized to McElroy “for the way her employment application was handled” and said it “has learned from its mistakes and will strive to ensure similar mistakes are not repeated in the future.”

The university had signed an offer letter in a public ceremony saying it would hire her in a tenured position to revive its journalism program as its director, but then reneged on that offer amid right-wing backlash over her work for the New York Times and work around diversity, equity and inclusion.

The Texas A&M System acknowledged in its review that system and university administrators made mistakes in the hiring and certain procedures were not followed.

“The (Office of General Counsel) did not identify any other evidence that race was a factor in the internal hiring process. In addition, there was no evidence of gender as a factor in the hiring process,” the internal report said.

Some of the documents released with the report show what McElroy was up against.

“A win for Aggies! The leftwing “journalism” professor/DEI advocate that A&M tried to recruit won’t be taking the job. After she was exposed by @Texas Scorecard for her racist beliefs, she decided staying at UT was a better fit,” says a photo of a tweet under the name Michael Quinn Sullivan, the publisher of Texas Scorecard, a far-right website. The site published stories soon about her hiring that focused on her diversity work. The tweet that was part of a text from a board member included a photo of a Texas Tribune story about the hiring mess.

McElroy ended up refusing the watered down offer for a one year position and withdrew her resignation from the University of Texas at Austin.

The hiring fiasco pushed the university into the national controversy over attempts to curtail programs aimed at improving the presence of Black, Latino and other faculty and students in universities, government and other parts of society.

It also led to the resignation of Katherine Banks, former Texas A&M president. José Luis Bermúdez resigned from his position as interim dean of College of Arts and Sciences, which includes the journalism department, though remains as a professor.

McElroy said in the joint statement issued with the investigation report that “Texas A&M University remains in my heart despite the events of the past month.” She said she would not forget the support her fellow “Aggies” showed her and that “I hope the resolution of my matter will reinforce A&M’s allegiance to excellence in higher education and its commitment to academic freedom and journalism.”

Hiring, then pushback

McElroy told the Texas Tribune last month that soon after the celebratory signing of an offer letter, she got word from Bermúdez of pushback from within the Texas A&M System over her hiring. The investigation verified that there were opposition phone calls and emails, but also said that her hiring generated positive feedback.

McElroy told the Texas Tribune that Bermúdez told her he could not protect her from university leaders facing pressure to fire her because of “DEI hysteria,” a reference to conservative political campaigns against diversity, equity and inclusion efforts,  in universities, government, schools and other parts of society.

However, Bermúdez told investigators he did no recall his specific comments to McElroy, the report said.

Investigators said Bermùdez told them he made comments to McElroy saying he believed “certain outside parties critical of the McElroy hiring could have been motivated in part by race.” Investigators said he told them he didn’t see any actions or comments from A&M officials indicating race was a factor in the hiring and change of offer.

Texas A&M is the main campus in one of the two largest university systems in Texas. The other is University of Texas.

McElroy has a 30-year career in journalism, including a couple of decades at The New York Times, where she held several management and editing positions. She also worked for the all-sports daily The National, and at the hometown paper of Texas A&M, the Bryan-College Station Eagle. According to her UT Austin bio, her research interests include racial discourse, collective memory, sports media and obituaries. She earned her doctorate in 2014 from UT’s School of Journalism.

The New York Times reported she was a “devoted alumna” who helped start a fund to support The Battalion.

Concerns over Texas legislature’s anti-DEI efforts

The investigators said McElroy was verbally offered the position May 11. Around that time former president Kathy Banks asked to keep the offer hush hush until the Legislature’s session was over, amid debates over anti-DEI and anti-tenure legislation.

Senior vice president Susan Ballabina first raised the issue of possible blowback under anti-DEI atmosphere in May.

Emails and other documents released in response to Texas open government requests showed there were fears of another Nikole Hannah Jones controversy and the optics of the hiring of a Black New York Times journalist while the Legislature was meeting among university officials steering her hiring.

Texas Gov. Greg Abbott signed new laws limiting race and inclusion discussions on college campuses and banning DEI offices on campuses as well and restricting tenure.

Similar strikes at diversity are being seen in other parts of the country, such as Florida and recently the Supreme Court struck down college affirmative action programs.

Conservative backlash also led to a denial of tenure to Nikole Hannah-Jones by University of North Carolina, despite being recommended for it by a tenure committee. Her predecessors had been given tenure upon appointment. Hannah-Jones also is a Black woman and veteran reporter. Hannah-Jones won Pulitzer Prize for her work on the 1619 Project, a New York Times project that delved into the place in the nation’s narrative of slavery and its consequences and contributions of Black Americans.  

In November 2019, Harvard denied tenure to Lorgia Garcia-Peña, a former associate professor of Romance Languages and Literature who is a Black Latina, causing an outcry. A  professor on her tenure committee had referred to her scholarship as “activism” rather than research, the New Yorker reported.

Investigators said the original job posting said the position was eligible for tenure, but the appointment letter McElroy signed provided “tenure on arrival” contingent on approval by Texas A&M, the A&M System and board of regents. Investigators say the letter is clear that the job is “at will”, meaning she could be fired at any time.

 

 

 





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Jill Schlesinger’s mid-year money review and tips to help you save for the rest of the year


Jill Schlesinger’s mid-year money review and tips to help you save for the rest of the year – CBS News

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CBS News Business Analyst Jill Schlesinger joins “CBS Mornings” to discuss how to do a mid-year money check-up. She shares which accounts, policies, and subscriptions to review if your goal is saving money for the rest of the year.

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