Evening Report — Georgia court will hear effort to remove Fani Willis from Trump case

by Elizabeth Crisp - 05/08/24 6:08 PM ET

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Evening Report

Georgia appeals court to weigh disqualifying Fani Willis from Trump case

A Georgia appeals court has agreed to review a lower court’s decision not to remove Fulton County District Attorney Fani Willis (D) from former President Trump‘s election interference case in the state.

Willis had been accused of conflict of interest over a romantic relationship with one of Trump’s top prosecutors. The ordeal derailed the case for several months. She was permitted to continue pursuing Trump’s conviction as long as Nathan Wade, the special prosecutor with whom she was romantically linked, resigned.

The Georgia Court of Appeals on Wednesday granted a request from Trump and several allies charged alongside him. They want the court to consider their appeal now, before the case heads to trial, while prosecutors had opposed the move.

“Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby GRANTED,” read the one-page ruling from the Georgia Court of Appeals.

Trump and his legal team welcomed the news, with Trump attorney Steve Sadow saying the former president “looks forward to presenting interlocutory arguments to the Georgia Court of Appeals as to why the case should be dismissed and Fulton County DA Willis should be disqualified for her misconduct in this unjustified, unwarranted political persecution.”

(The Hill)

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NEW THIS AFTERNOON

US pauses arms shipment to Israel over humanitarian concerns

Lawmakers are split over President Biden‘s handling of the ongoing Israel-Hamas war in Gaza, after his administration paused a munitions shipment to Israel this week over humanitarian concerns.

Top House Republicans with oversight of U.S. foreign and military affairs slammed the Biden administration Wednesday over the move.

“The administration must allow these arms shipments to move forward to uphold the United States’ commitment to Israel’s security and ensure that Israel can defend itself and defeat Hamas,” Foreign Affairs Committee Chair Michael McCaul (R-Texas) and Armed Services Committee Chair Mike Rogers (R-Ala.) wrote to the president.

The Biden administration said it temporarily held back the arms shipment over concerns for Rafah, a city in southern Gaza that is densely populated and has become a safe haven for civilians from other parts of war-torn Gaza.

“We have paused one shipment of near-term assistance, and we are reviewing others,” State Department spokesperson Matthew Miller said Wednesday. “In the context of the unfolding situation in Rafah, it is a place where we have very serious concerns, and that’s why we take the actions we take.”

America’s latest shipment to Israel would include about 1,800 2,000-pound bombs and 1,700 500-pound bombs.

Senate Majority Leader Chuck Schumer (D-N.Y.) told reporters Wednesday that he trusts Biden’s handling of the situation.

“I believe that Israel and America have an ironclad relationship, and I have faith in what the Biden administration is doing,” he said.

But Senate Republican Leader Mitch McConnell (Ky.) condemned the move during remarks on the Senate floor Wednesday.

“A few days ago, we saw reports that the president was delaying weapons shipments to Israel, creating daylight between America and a close ally,” he said.

Republican U.S. Sens. Lindsey Graham (S.C.), Jim Risch (Idaho), Ted Cruz (Texas), Joni Ernst (Iowa) and Roger Marshall (Kan.) have scheduled a news conference Thursday to highlight their opposition to efforts to withhold or restrict weapons for Israel.

“Iran, Hamas and Hezbollah all want to destroy the State of Israel and the Jewish people,” the senators said in their advisory. “We should never turn our back on Israel – they are in a fight for their very existence.”

Related coverage:

STATE WATCH

Abortion, civil rights top issues Americans would risk arrest to protest: Poll

Americans are most likely to name abortion and civil rights as the top causes for which they would be willing to risk being arrested while protesting, according to a new poll.

The USA Today/Suffolk University poll found nearly half of Americans surveyed said they would risk arrest for a political issue, while nearly half said they wouldn’t.

About 3 percent listed women’s rights and the right to an abortion as their arrest-worthy protest causes, if any. Another 2.5 percent said they would risk arrest to protest against abortion rights, according to the poll.

About 5.5 percent of respondents said they would risk arrest to protest over civil rights, Black Lives Matter and police brutality, and 3.7 percent said the same about the wars in Israel and Ukraine. (The Hill)

IN OTHER NEWS

Judge: Trump ‘contemptuous’ for ‘cursing audibly’ during Stormy Daniels testimony

The judge overseeing former President Trump’s hush money trial warned his lawyer this week that Trump’s audible cursing in court was verging on witness intimidation while adult film star Stormy Daniels testified.

The exchange between Judge Juan Merchan and Trump attorney Todd Blanche wasn’t uttered in public, but it was reflected in court transcripts.

“I understand that your client is upset at this point,” Merchan told Blanche in a sidebar during a trial break, according to the transcripts first obtained by The Washington Post. “But he is cursing audibly and he is shaking his head visually, and that’s contemptuous. It has the potential to intimidate the witness and the jury can see that.”

“I am speaking to you here at the bench because I don’t want to embarrass him,” Merchan added, instructing the attorney to “speak to him.”

Transcripts show Blanche replied: “I will talk to him.”

Trump’s trial, centered on allegations he falsified documents to cover up a payment made to Daniels during the 2016 presidential campaign, resumes Thursday with Daniels expected back on the witness stand.

Related coverage:

Democrats push Biden for executive action to secure border

More than a dozen House Democrats are urging President Biden to use his executive authority to secure the border, arguing that Congress’s partisan impasse on the issue has left no other choice.

“It has become clear that the current situation remains untenable, but with Republicans playing politics on border security, it is time for your administration to act,” the 15 Democrats — many in competitive reelection races this year — wrote. “We urge you to use all tools at your disposal, including executive action, to better address security at the Southern border, interdict illicit fentanyl and allow for orderly legal immigration.”

Republicans blocked a bipartisan border bill earlier in the year, and the issue has little chance of reemerging before November’s elections. (The Hill)

Police clear GW Palestinian protest encampment; 33 arrested

Police have cleared a pro-Palestinian encampment on George Washington University’s (GW) campus, starting Wednesday morning to remove the dozens of students and others who have set up on campus lawns since April 25 in protest of the ongoing Israel-Hamas war in Gaza.

Upon hearing the news, the House Oversight and Accountability Committee canceled a planned hearing with D.C. Mayor Muriel Bowser about the District’s previously tepid response.

In a statement, the Metropolitan Police Department (MPD) said it first deployed “non-arrest methods to deescalate tensions” but altered its plans following an escalation “in the volatility of the protest.” At least 33 people were arrested during the protest clearing.

House Oversight Chair James Comer (R-Ky.) said in a statement that a hearing on the protests that had been set for later Wednesday was no longer necessary.

“I had a good conversation with Mayor Bowser. I thanked her for finally clearing the trespassers off the GW Campus. It was unfortunate the situation at GW forced the Oversight Committee to act; however it was apparent that the DC police force was not going to do their job,” Comer said. (The Hill)

Protests against the ongoing Israel-Hamas war in Gaza have roiled college campuses for nearly three weeks. Demonstrators are calling for a cease-fire and for universities to sever ties with companies linked to Israel.

According to an analysis from The Associated Press, more than 2,800 people have been arrested during the demonstrations on 50 U.S. college campuses combined since April 18.

A new poll out this week found that more than two-thirds of Americans surveyed say they fear the campus demonstrations will result in violence.

The poll further found attitudes about the demonstrations and the ongoing Middle East conflict could play a role in the November presidential election.

According to the survey’s findings, those who identified as supporters of President Biden are split, with 30 percent in support of the protests, 20 percent in opposition and 39 percent who agree with the demonstrators’ demands but opposed to their tactics.

Former President Trump‘s voters, meanwhile, appear to be mostly united: 78 percent oppose the protesters, 5 percent support them and 9 percent support the demands but oppose the tactics.