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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Federal court reinstates lines for South Carolina congressional district despite racial gerrymander ruling


Washington — A panel of federal district court judges in South Carolina said Thursday that the 2024 elections for a congressional district in the state can be conducted using a map it determined was racially gerrymandered.

The three judges overseeing the redistricting dispute granted a request from South Carolina Republican legislative leaders, who asked the court to reinstate the lines for Congressional District 1 that GOP state lawmakers drew following the 2020 Census. 

The Republicans had asked the court to pause its own January 2023 decision invalidating the lines of the district, represented by GOP Rep. Nancy Mace, while it awaits a ruling from the Supreme Court on whether to uphold the map. They argued that the 2024 election cycle in South Carolina is now underway — the candidate-filing period opened March 16 and closes April 1 — and last-minute changes to congressional district lines and the state’s election calendar would confuse voters and lead to disorder.

At least five candidates have filed to run in the primaries and have begun campaigning in Mace’s coastal district, as well as the neighboring district represented by Democratic Rep. Jim Clyburn.

The judges said in a short five-page decision that the “present circumstances make it plainly impractical for the court to adopt a remedial plan for” Congressional District 1 before an April 27 deadline for military and overseas ballots to be mailed. South Carolina’s statewide primary elections are set for June 11. 

The district court panel noted that it had concluded that the district is unlawful under the 14th Amendment, but “with the primary election procedures rapidly approaching, the appeal before the Supreme Court still pending, and no remedial plan in place, the ideal must bend to the practical.”

Republican leaders had made their request to the district court on March 7, but then sought emergency relief from the Supreme Court on March 18 because the panel hadn’t yet ruled. The Supreme Court has yet to act on the GOP lawmakers’ bid for it to intervene.

The South Carolina State Conference of the NAACP and a voter challenged the GOP-crafted congressional voting map in federal district court in the 2021 redistricting cycle. South Carolina Republicans had said they constructed the district to produce a stronger Republican tilt. Mace narrowly won the seat in 2020, but cruised to reelection in the 2022 midterm elections, after the new lines were enacted.

In January 2023, the three-judge panel concluded that state lawmakers racially gerrymandered Congressional District 1 and designed it with racially discriminatory intent.

The district court blocked the state from holding elections for Mace’s district until lawmakers approved a constitutionally valid plan, and later gave the GOP-led legislature until 30 days after the Supreme Court rules to submit new boundaries. It amended that earlier order to bar elections from being conducted under the GOP-drawn lines for Congressional District 1 after the 2024 election cycle.

The high court considered in October whether Republican lawmakers impermissibly used race as the predominant factor when drawing the lines for Congressional District 1, and had been asked by GOP legislative leaders and the NAACP to issue its ruling by Jan. 1. But that deadline has long passed without any decision from the justices.

It’s unclear when the Supreme Court will rule in the case, but during arguments in the fall, a majority of the court appeared skeptical of the lower court’s decision.



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Poland’s ruling coalition to bring central bank head before court over hurting state interests


WARSAW, Poland (AP) — The majority of Poland’s r uling pro-European Union coalition lawmakers have taken steps Tuesday to bring the head of the central bank before a special court on allegations of acting against the country’s financial interests and abusing his powers.

The motion to try National Bank of Poland chief Adam Glapiński before the State Tribunal is part of the coalition’s efforts to reverse the actions of its right-wing predecessors, widely considered undemocratic, and to bring those responsible to account.

The tribunal’s tasked with trying top state officials suspected of violations of the nation’s constitution and laws.

The controversial Glapiński was appointed in 2016 by the then-ruling conservative Law and Justice party and is currently in his 2nd term. The allegations against him include unlawful funding of state deficit from state-issued securities, weakening of the national currency, the zloty, ahead of key elections, acting in the interest of Law and Justice and helping its electoral campaign, as well as approving hefty bonuses for himself

The coalition, which came to power in December and is led by Prime Minister Donald Tusk, filed the motion at the parliament office, thus beginning a lengthy procedure that could strip Glapiński of his post and get him banned from all state positions.

The motion filed by 191 lawmakers of the coalition will spur an investigation of the allegations by a special parliamentary committee, which if substantiated, will require parliamentarians to vote on trying Glapiński before the tribunal.

Observers say this procedure can take up to a year.

Four cases have been heard before the tribunal since it was established in 1921. Most cases have been dismissed but two of the defendants were banned from active political life.



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Zimbabwe’s opposition leader tells AP intimidation is forcing voters to choose ruling party or death


HARARE, Zimbabwe (AP) — Zimbabwe’s main opposition leader accused President Emmerson Mnangagwa of violating the law and tearing apart independent institutions to cling to power.

In an interview with The Associated Press, Nelson Chamisa also warned that any evidence of tampering by Mnangagwa’s ruling party in upcoming elections could lead to “total disaster” for a beleaguered nation that is in economic ruin and already under United States and European Union sanctions for its human rights record.

Chamisa, who will challenge Mnangagwa and the ruling ZANU-PF party’s 43-year hold on power in the Aug. 23 presidential, parliamentary and local government elections, claimed widespread intimidation against his opposition party ahead of the vote.

Chamisa said Mnangagwa has utilized institutions like the police and the courts to crack down on critical figures, ban opposition rallies and prevent candidates from running. In the AP interview, he laid out a series of concerns that indicate the country, with its history of violent and disputed elections, could be heading for another one.

In rural areas far from the international spotlight, many of Zimbabwe’s 15 million people are making their political choices under the threat of violence, Chamisa alleged. People are getting driven to ruling party rallies and threatened to support Mnangagwa and the Zimbabwe African National Union – Patriotic Front if they want to stay safe — or even alive.

Chamisa, who leads the Citizens Coalition for Change party, called it a choice of “death or ZANU-PF” for some.

“Mnangagwa is clearly triggering a national crisis,” he said during the interview in his 11th-floor office in Zimbabwe’s capital, Harare. “He is driving the country into chaos. He is actually instigating instability. He is violating the law. He is tearing apart institutions of the country.”

On Thursday, a man wearing the yellow colors of Chamisa’s CCC party was beaten and stoned to death on the way to a political rally, police said. The CCC accused ZANU-PF followers of killing him and attacking other opposition supporters.

Mnangagwa has repeatedly denied allegations of intimidation and violence by authorities or his party and has publicly called on his supporters to act peacefully during the campaign.

But Chamisa’s portrayal of a highly repressive political landscape in the southern African nation — where the removal of autocrat Robert Mugabe in 2017 appears to have been a false dawn — is backed by reports released by Amnesty International and Human Rights Watch ahead of the elections taking place in less than three weeks.

They will take place amid “five years of brutal crackdowns on human rights,” Amnesty said, since Mnangagwa gained power from Mugabe in a coup and then won a disputed presidential election by a razor-thin margin against Chamisa in 2018. In its assessment, Human Rights Watch said Zimbabwean authorities have “weaponized the criminal justice system against the ruling party’s opponents” and the buildup to the vote has not met free and fair international standards.

Zimbabwe has significant mineral resources — including Africa’s largest deposits of highly sought-after lithium — and rich agricultural potential, and could be of huge benefit to the continent if it gained the political and economic stability that has eluded it for years. Zimbabwe was shunned by the West for two decades because of abuses during the regime of Mugabe, who died in 2019.

Mugabe’s removal sent Zimbabweans into the streets to celebrate, and Mnangagwa promised democracy and freedom would be born from the coup. He maintained recently that “Zimbabwe is now a mature democracy” under him.

Rights groups say it’s a mirage and the 80-year-old Mnangagwa, a former Mugabe ally once known as his enforcer, has been as repressive as the man he removed.

Under Mnangagwa, critics and opposition figures have been jailed, including CCC lawmaker Job Sikhala, who has been in detention for over a year after accusing ruling party supporters of hacking to death an opposition activist. Some have faced legal backlash for seemingly minor criticisms, like world-renowned author Tsitsi Dangarembga, who was arrested for participating in a protest that called for better services for citizens.

A court decision disqualified all 12 CCC candidates in Bulawayo, the second-largest city, from standing in the election, even after the electoral agency said they had registered properly. They successfully appealed to the Supreme Court to be allowed to stand.

“I am nowhere near the court,” Mnangagwa said, denying any influence on the initial decision to bar the opposition candidates.

Chamisa, a 45-year-old lawyer and pastor, said Mnangagwa was now overseeing a second coup in Zimbabwe.

“You can’t have a contest without contestation. You can’t have an election without candidates,” Chamisa said. “Once you eliminate candidates, you are actually eliminating an election. And that’s the point we are making. … It’s a coup on choices.”

The elections will be monitored by observers from the European Union and African Union, who were invited by Mnangagwa. He says he has nothing to hide. Human Rights Watch has questioned if the observers will be allowed to access all parts of the country, while their small numbers make it likely they won’t be able to monitor the entire vote. There are 150 observers from the EU and more than 12,500 polling stations across the country.

Chamisa told the AP that his party has put in place systems to be able to independently check vote counts, but there are also doubts that the CCC can deploy enough members to watch over those stations, many deep in rural areas regarded as ZANU-PF strongholds.

Should their calculations show fraud this time, as was alleged in 2018 and other elections before that, Chamisa warned it will “plunge the country into total disaster and chaos.”

He urged Mnangagwa to step back from his repressive policies in a country denied democracy under white minority rule before 1980 and again — according to international rights groups — under the only two leaders it has seen since: Mugabe and Mnangagwa.

“He must be stopped because he can’t drive the whole nation and plunge it into darkness and an abyss on account of just wanting to retain power,” Chamisa said of Mnangagwa. “Zimbabweans deserve peace, they deserve rest. They have suffered for a long time.”

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AP Africa news: https://apnews.com/hub/africa



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Federal appeals court upholds ruling giving Indiana trans students key bathroom access



INDIANAPOLIS — A federal appeals court has upheld a lower court ruling that transgender students in Indiana must have access to the bathrooms and locker rooms consistent with their gender identities.

The 7th U.S. Circuit Court of Appeals ruling Tuesday upheld a preliminary injunction from the U.S. District Court for the Southern District of Indiana last year ordering the Metropolitan School District of Martinsville and the Vigo County Schools to give the transgender students such access.

Ken Falk, legal director of the American Civil Liberties Union of Indiana, issued a statement welcoming the appeals court ruling.

“Students who are denied access to the appropriate facilities are caused both serious emotional and physical harm as they are denied recognition of who they are. They will often avoid using the restroom altogether while in school,” Falk said. “Schools should be a safe place for kids and the refusal to allow a student to use the correct facilities can be extremely damaging.”

Martinsville Superintendent Eric Bowlen said in an email “we are reviewing the decision and evaluating available options.”

The Vigo County School Corp. said in a statement it was reviewing the decision with legal counsel.

The court opinion said the U.S. Supreme Court will likely step in to hear the case, or cases similar to it.

“Litigation over transgender rights is occurring all over the country, and we assume that at some point the Supreme Court will step in with more guidance than it has furnished so far,” the opinion said.

Although Indiana doesn’t have any current laws restricting bathroom access for transgender students, nearly a dozen other states have enacted such laws, including North Dakota, Florida and Kansas.

The case originally required John R. Wooden Middle School in Martinsville to allow a seventh-grader identified only as A.C. to have access to the restroom while litigation continued.

U.S. District Judge Tanya Walton Pratt in Indianapolis cited Title IX of the Education Amendments of 1972 in her ruling at the time. Title IX protects people from discrimination based on sex in education programs or activities that receive federal financial assistance.

“The overwhelming majority of federal courts — including the Court of Appeals for the Seventh Circuit — have recently examined transgender education-discrimination claims under Title IX and concluded that preventing a transgender student from using a school restroom consistent with the student’s gender identity violates Title IX. This Court concurs,” Pratt wrote.

The ACLU and Indiana Legal Services sued the Metropolitan School District of Martinsville in December 2021 on behalf of the transgender student.



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Colleges reconsidering legacy admissions after affirmative action ruling


Colleges reconsidering legacy admissions after affirmative action ruling – CBS News

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Many colleges and universities are reconsidering their legacy policies after the Supreme Court gutted race-based affirmative action admissions with a recent ruling. Virginia Tech University has already announced it’s ending legacy admissions. Sarah Enelow-Snyder, a freelance writer who has written about benefiting from having a family legacy, joined CBS News to discuss why she wants legacy admissions to end.

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Supreme Court temporarily blocks ghost gun ruling by federal judge



Supreme Court Justice Samuel Alito on Friday temporarily blocked a lower court’s decision to strike down a regulation aimed at reining in privately made firearms known as “ghost guns” that are difficult for law enforcement to trace.

The action by Alito, who handles emergency matters arising from a group of states including Texas, effectively freezes the litigation as the court weighs a request on Thursday from President Joe Biden’s administration to reinstate the rule pending an appeal.

Alito put the case on hold for one week, until Aug. 4, and gave the rule’s challengers until Aug. 2 to respond to the administration’s request.

The administration asked the justices to halt a Texas-based federal judge’s nationwide ruling that invalidated a Justice Department restriction on the sale of ghost gun kits while it appeals to the New Orleans-based 5th U.S. Circuit Court of Appeals.

The administration warned that allowing the judge’s ruling to stand would enable an “irreversible flow of large numbers of untraceable ghost guns into our nation’s communities.”

The Justice Department rule, issued in 2022 to target the rapid proliferation of the homemade weapons, bans “buy build shoot” kits without serial numbers that individuals can get online or at a store without a background check. The kits can be readily assembled into a working firearm in as little as 20 minutes.

The rule clarified that ghost guns qualify as “firearms” under the federal Gun Control Act, requiring serial numbers and manufacturers be licensed. Sellers of the kits also must become licensed and run background checks prior to a sale.

Several plaintiffs, including two gun owners and two gun rights advocacy groups, challenged the rule in federal court in Texas.

U.S. Judge Reed O’Connor on July 5 blocked the rule nationwide, finding that the administration exceeded its authority in adopting it.



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