©  AP Photo/Brynn Anderson

Fulton County District Attorney Fani Willis (D) is presenting her case on former President Trump and his allies’ efforts to overturn Georgia’s 2020 election results to a grand jury Monday and Tuesday.

A jury vote on whether to bring charges against Trump and several others is expected this week.

Proceedings appeared to be speeding up Monday.

Former Georgia Lt. Gov. Geoff Duncan (R) and independent journalist George Chidi were scheduled to testify Tuesday, but their appearances were reportedly moved up to today. Former state Rep. Bee Nguyen (D) and former state Sen. Jen Jordan (D) testified earlier Monday. 

Reuters reported that the court website on Monday posted — and then quickly deleted — a document listing charges against Trump.

Background:

• If charges are brought, it will be the fourth time Trump is indicted in five months.
• This is one of two cases centering on efforts to overturn 2020 election results, the other being the federal case in which Trump was indicted two weeks ago.  

“While the Georgia case would deal with a narrower set of facts than the Justice Department‘s election interference case, focusing only on Trump’s conduct in the Peach State, in many ways it’s a broader case,” The Hill’s Ella Lee, Rebecca Beitsch and Zach Schonfeld reported. Learn more about the differences between the cases here.

Trump criticized Willis on Truth Social on Monday, writing, “The people that tampered with it [the election] were the ones that rigged it, and sadly, phoney Fani Willis, who has shockingly allowed Atlanta to become one of the most dangerous cities anywhere in the world, has no interest in seeing the massive amount of evidence available, or finding out who these people that committed this crime are.”

The state’s votes were recounted twice, and the results were certified and recertified by Republican elected officials. Various 2020 election fraud allegations have been dismissed in court.

Follow here for live updates from The Hill.

Welcome to Evening Report! I’m Amee LaTour, catching you up from the afternoon and what’s coming tomorrow. Not on the list? Subscribe here.

• New York Supreme Court Acting Justice Juan Merchan rejected former President Trump‘s request that Merchan recuse himself from overseeing the criminal hush money case.
  
  

• White House press secretary Karine Jean-Pierre said President Biden is “deeply concerned” about the wildfires in Maui, which had killed at least 96 people as of Monday morning, and defended the administration’s response. Hawaii Gov. Josh Green (D) said more fatalities are likely to be discovered as searches continue.
  
  

• The U.S. announced $200 million in additional Ukraine aid, bringing the total so far to around $43 billion in security funds and closer to the limit approved by Congress. The administration last week asked for an additional about $13 billion in defense funds for Ukraine.

©  AP Photo/Andrew Harnik

Three military services now lack a Senate-confirmed leader as Sen. Tommy Tuberville (R-Ala.) holds up confirmations amid his opposition to a recent Defense Department abortion policy.

With Chief of Naval Operations Adm. Mike Gilday stepping down Monday, the Navy in addition to the Army and Marine Corps are now left with acting heads.

Defense Secretary Lloyd Austin said the situation “is unprecedented, it is unnecessary, and it is unsafe.” Austin said, “Smooth and swift transitions of confirmed leadership are central to the defense of the United States and to the full strength of the most lethal fighting force in history.”

Tuberville’s office countered that the senator’s hold is “precedented, necessary, and not affecting readiness,” saying that jobs aren’t going unfilled. Read more here.

The Biden administration has released guidance for universities looking to maintain diversity in the wake of the Supreme Court decision striking down affirmative action in college admissions in June. 

The guidance, from the departments of Education and Justice, states that institutions can still take into account how race has affected students’ lives as told through admissions essays or recommenders’ descriptions. 

The administration is also encouraging institutions to recruit in areas with underserved students and provide need-based financial support. Read more about the guidance here.

The Nevada Republican Party has announced it will hold its presidential caucus on Feb. 8, setting up the state to likely go third in the GOP nominating calendar. The Hill’s Julia Mueller has more here.

©  Thom Bridge/Independent Record via AP

A Montana court ruled in favor of 16 young plaintiffs who alleged a state law prohibiting consideration of climate impacts in the approval process for energy projects violates their rights to protection from climate change.

Judge Kathy Seely wrote, “By prohibiting analysis of GHG emissions and corresponding impacts to the climate…the [Montana Environmental Policy Act] Limitation violates Youth Plaintiffs’ right to a clean and healthful environment and is unconstitutional on its face.” 

The Montana Attorney General office said the state will appeal. Read more here.

The Department of Homeland Security’s (DHS) Assistant Secretary for Border and Immigration Policy Blas Nuñez-Neto discussed with The Hill the Biden administration’s middle-ground approach to border policy, in which Nuñez-Neto has played a central role.

“This is one of those issues where the ends of the political spectrum tend to dominate the debate. But I think most Americans are actually somewhere in the middle,” Nuñez-Neto said. Read more from the interview here.

President Biden on Monday urged the United Auto Workers (UAW) and “Big Three” auto manufacturers Ford, General Motors and Stellantis (formerly Chrysler) to come to a “fair agreement” in their contract negotiations after the union warned it’s prepared to strike. Read more here.

“Trump has his pick of 2024 running mates: Kennedy could be among them” — Douglas E. Schoen, a political consultant who served as an adviser to President Clinton and to Michael Bloomberg’s 2020 presidential campaign. (Read here)

“Is Bernie Sanders the new healthcare pragmatist?” — Marc S. Ryan, a veteran health plan and healthcare technology executive. (Read here)

9 days until the first GOP presidential primary debate.

449 days until the presidential election.

President Biden delivers remarks in Milwaukee, Wis., on “Bidenomics” one day before the 1-year anniversary of him signing the Inflation Reduction Act.

There a story you think should be getting more attention? Something people should be talking about? Drop me a line: ALaTour@digital-staging.thehill.com