Judge tosses 2 more counts against Trump in Georgia election interference case
(ATLANTA) — The Fulton County judge overseeing Donald Trump’s Georgia election interference case on Thursday tossed out three more counts in the indictment, two of which the former president was facing.
The judge, Scott McAfee, previously threw out six counts in the indictment, three of which were against Trump.
“President Trump and his legal team in Georgia have prevailed once again,” Trump attorney Steve Sadow said in a statement following Thursday’s order. The trial court has decided that counts 15 and 27 in the indictment must be quashed/dismissed.”
Trump still faces eight counts in the case. He originally was charged with 13.
In his ruling Thursday, Judge McAfee dismissed three counts that related to the filing of false documents in federal court — essentially finding that the state did not have the authority to bring charges for alleged crimes committed against the federal government.
McAfee wrote that those three counts “lie beyond this State’s jurisdiction and must be quashed.”
The three counts include attempt to commit filing false documents, conspiracy to commit filing false documents, and filing false documents.
The motion to dismiss was brought by two of Trump’s codefendants, John Eastman and Shawn Still, on grounds related to the supremacy clause.
In a separate order Thursday, McAfee declined a motion to throw out the top racketeering — or RICO — charge in the indictment, writing that it is “facially sound and constitutionally sufficient as alleged.”
ABC News contributor Chris Timmons, a former Georgia prosecutor, said that Thursday’s ruling dismissing the charges “is definitely a win for the defense” but that “it’s not a significant victory” because the overall RICO charge remains in place.
“The actions in federal court can and likely will be brought in at trial as ‘acts in furtherance of the RICO conspiracy’ which don’t need to be crimes,” Timmons said.
A spokesperson for the Fulton County district attorney’s office told ABC News they were reviewing the order and had no further comment.
Trump and 18 others pleaded not guilty last year to all charges in a sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia.
Four defendants subsequently took plea deals in exchange for agreeing to testify against other defendants.
A Georgia court of appeals paused the case in June pending the resolution of an appeal of the disqualification ruling that allowed District Attorney Fani Willis to stay on the case.
Oral arguments in that appeal are currently scheduled for Dec. 5, a month after the presidential election.
The former president has blasted the district attorney’s investigation as being politically motivated.
(WASHINGTON) — The Trump campaign has filed a complaint with the Federal Election Commission claiming that Vice President Kamala Harris’ campaign cannot take over President Joe Biden’s campaign’s money, calling it a violation of campaign finance contribution limit.
“Kamala Harris is seeking to perpetrate a $91.5 million dollar heist of Joe Biden’s leftover campaign cash — a brazen money grab that would constitute the single largest excessive contribution and biggest violation in the history of the Federal Election Campaign Act of 1971, as amended,” the complaint filed Tuesday and obtained by ABC News, claims.
The complaint, written by Trump campaign’s attorney David Warrington and targeting Harris, Biden, the Biden campaign (now the Harris campaign), and its treasurer, Keana Spencer, argues that the Biden campaign is “flagrantly violating the Act by making and receiving an excessive contribution of nearly one hundred million dollars” to the Harris campaign.
Harris campaign spokesperson Charles Kretchmer Lutvak in response to the complaint wrote in a statement, “Republicans may be jealous that Democrats are energized to defeat Donald Trump and his MAGA allies, but baseless legal claims – like the ones they’ve made for years to try to suppress votes and steal elections – will only distract them while we sign up volunteers, talk to voters, and win this election.”
Multiple campaign finance experts have said the Harris campaign has lawful access to the Biden campaign’s leftover money — nearly $96 million as recently as July 1 — because a presidential candidate and a vice presidential candidate share the same entity as their joint campaign depository under federal election law.
On Sunday, the Biden campaign officially changed its name to the Harris campaign, placing Harris, who was previously listed in its filing as the vice presidential candidate, to the top of the ticket.
But the crux of the Trump campaign’s argument is that because Biden and Harris have yet to go through the formal nomination process to become the presidential and vice presidential nominees, they couldn’t share the same committee.
“For purposes of the 2024 election cycle, and especially with respect to the primary election still underway, Biden for President is the authorized campaign committee of Mr. Biden and Mr. Biden only,” the complaint argues, claiming the Biden campaign cannot simply amend its filing to change its presidential candidate.
“The Commission must immediately find reason to believe and quickly end this ongoing violation,” the letter concludes, though the FEC is unlikely to resolve the matter before the election. (ABC News has reached out to the FEC for comment.)
Veteran Republican election lawyer Charlie Spies has recently made a similar argument in an op-ed in The Wall Street Journal — claiming that Harris does not have access to the Biden campaign’s money because neither have gone through a formal nomination process yet.
Other election experts ABC News has spoken with have refuted that argument, saying that has not been the FEC’s interpretation of federal election law.
“That might’ve been an issue if this were their first cycle as a ticket, but under FEC rules it’s been Harris’s campaign committee too since 2020 — she’s not being added now,” said Adav Noti, a former FEC attorney who now serves as executive director of watchdog group Campaign Legal Center.
“The fact that Harris has been consistently reported as the VP on committee filings since 2020 reflects how the rule has long been interpreted—basically, that an incumbent president and vice-president continue to share an authorized committee throughout their term,” echoed Brendan Fischer, an election law expert and deputy executive director of watchdog group Documented.
(WASHINGTON) — Israeli Prime Minister Benjamin Netanyahu spoke to a joint meeting of Congress on Wednesday, urging American leaders to provide more bipartisan support to Israel amid its ongoing conflict with Hamas in Gaza while also criticizing the protesters who have spoken out against the war that has left tens of thousands of Palestinian civilians killed.
Netanyahu was invited to speak primarily by House Speaker Mike Johnson, who has been severely critical of President Joe Biden’s response to the war, including pausing a shipment of large unguided U.S. bombs due to concerns about civilian casualties. Republicans have pushed back, saying that pausing that shipment violates Israel’s right to defend itself.
During his remarks, the prime minister called Hamas’ terror attack on Oct. 7, 2023, “a day that will forever live in infamy,” comparing it to the attack on Pearl Harbor and 9/11.
Netanyahu, later in his remarks, cited Winston Churchill’s “give us the tools and we will finish the job” quote, in his appeal to American leaders for the continued support of Israel.
“I, too, appeal to America: Give us the tools faster and we’ll finish the job faster,” Netanyahu said. “Israel will fight until we destroy Hamas’ military capabilities and its role in Gaza and bring all our hostages home. That’s what total victory means. And we will settle for nothing less.”
Those remarks were met with some applause within the chamber, but many House Democrats remained seated and did not clap. While the chamber was packed, dozens of Democrats boycotted the speech.
In his speech, Netanyahu reiterated that “Israel will always defend itself.” At one point, he told the chamber: “Our enemies are your enemies. Our fight is your fight, and our victory will be your victory.”
Netanyahu spoke about the hostages taken on Oct. 7, directing the audience’s attention to Noa Argamani — the Israeli woman abducted from the Nova music festival and later rescued in a joint operation carried out by Israeli authorities after almost 250 days in captivity. She sat with Sara Netanyahu, the prime minister’s wife. Tesla and SpaceX CEO Elon Musk was seated in Netanyahu’s box one row behind Sara Netanyahu and Argamani.
Several Israel Defense Forces soldiers were also in attendance, and Netanyahu shared each of their stories. Each time he did, members stood to face them and applaud, and the gallery also stood. When one of the soldiers, who lost a limb in battle, stood to put his crutch up in the air, it garnered explosive applause.
Netanyahu launched into his address seeking to strike a chord of unity in his appeal for sustained American support.
But not long into his speech, he departed from that tone — digging into domestic political divisions that have emerged in the wake of the war in Gaza.
Near the top of his remarks, he lauded Biden’s “half century of friendship to Israel” and support following the attacks of Oct. 7.
“He rightly called Hamas ‘sheer evil.’ He dispatched two aircraft carriers to the Middle East to deter a wider war. And he came to Israel to stand with us during our darkest hour — a visit that will never be forgotten,” Netanyahu said.
The prime minister continued, expressing his gratitude to Biden “for being, as he said, a proud Zionist. Actually, as he says, a proud Irish American Zionist.” He also praised Biden’s leadership and assistance in helping to return hostages.
But later, playing to the other side of the aisle, Netanyahu also thanked former President Donald Trump for his role in brokering the Abraham Accords — saying it could pave the way for a new defensive alliance in the Middle East — as well as for more controversial moves, like recognizing Israel’s sovereignty over the Golan Heights.
Republicans stood up in unity when Netanyahu thanked Trump for everything he did for Israel.
Netanyahu also expressed Israel’s relief that the former president “emerged safe and sound from that dastardly attack on him, dastardly attack on American democracy.”
Netanyahu’s speech came as the prime minister has so far rejected Biden’s proposal for a cease-fire that would free the hostages Hamas still holds, as part of a larger regional peace plan.
Netanyahu’s visit also comes amid domestic political turmoil for both him and Biden, and questions about how Biden’s new lame-duck status will affect his ability to make any progress on ending the fighting, given his already fraught relationship with the Israeli leader.
Protesters had occupied parts of the U.S. Capitol complex on Tuesday and did so again on Wednesday ahead of Netanyahu’s speech.
U.S. Capitol Police claimed part of the crowd had “become violent” on Wednesday. The police said in a statement that they had to take action after a crowd at First Street and Constitution Avenue NW “failed to obey our order to move back from our police line.”
“We are deploying pepper spray towards anyone trying to break the law and cross that line,” the police said roughly 20 minutes before Netanyahu’s speech started.
U.S. Capitol Police later said six people were removed from the House Galleries and arrested. “Disrupting the Congress and demonstrating in the Congressional Buildings is against the law,” police said. Johnson had threatened to have anyone who tried to disrupt the speech arrested. There were no disruptions on the House floor during the address.
Large-scale anti-Israel protests in support of the Palestinian cause this past spring on college campuses and across the country dominated U.S. politics for months and forced Biden to modify his previous full-throated support for the U.S. ally.
Netanyahu addressed protests during his speech, at points mocking protesters and claiming “many choose to stand with evil.”
“These protesters stand with them [Hamas]. They should be ashamed of themselves,” he said.
The prime minister also talked about protests that have taken place on some college campuses throughout the United States, slamming some school administrators for not doing enough to condemn antisemitism. He thanked a group of fraternity brothers at the University of North Carolina who protected an American flag during a conflict with protesters. There was a large chant of “USA” by several Republican members after that moment, with some Democrats notably silent.
“My friends, whenever and wherever we see the scourge of antisemitism, we must unequivocally condemn it and resolutely fight it without exception,” Netanyahu said.
Senate Majority Leader Chuck Schumer attended the address, despite some harsh words he had for the prime minister in the spring. In March, Schumer called on Israel to hold new elections, saying at the time that he believed Netanyahu had “lost his way” and is an obstacle to peace in the region amid the growing humanitarian crisis in Gaza. Netanyahu criticized Schumer at the time for his remarks.
As Netanyahu approached the podium on Wednesday, he did not shake Schumer’s hand but thanked him for inviting him to Congress during his address.
“Even though I disagree with many of Bibi Netanyahu’s policies, I will attend the speech because the United States relationship with Israel remains ironclad and transcends any prime minister or president, and we must do all we can to get our hostages home,” Schumer said earlier Wednesday.
Rep. Rashida Tlaib, the House’s only Palestinian member, attended the address but remained silent throughout the event. She held up a small black-and-white sign that had two sides, one saying “guilty of genocide” and the other saying “war criminal.”
Vice President Kamala Harris wasn’t sitting behind Netanyahu in the vice president’s chair as she customarily would in her capacity as president of the Senate, as she attended a campaign event in Indianapolis instead.
“The idea that they’re making political calculations when our ally is in such dire straits fighting for its very survival and fighting back against the horrific attack of Oct. 7 is unconscionable to us,” Johnson said Tuesday of Harris’ absence.
The White House said Harris and Biden will meet with Netanyahu separately on Thursday instead. Trump said he will meet with Netanyahu on Friday at Mar-a-Lago.
Maryland Sen. Ben Cardin, a stalwart Israel supporter who is retiring, took Harris’ place on the House dais.
Congress sent $26 billion in aid to Israel and provided humanitarian relief for people in Gaza in April as part of a foreign aid package.
About $4 billion of that was dedicated to replenishing Israel’s missile defense systems. More than $9 billion of the total went toward humanitarian assistance in Gaza.
Earlier Wednesday, Netanyahu attended a memorial service for Sen. Joe Lieberman, a longtime supporter of Israel, who died in March.
(WASHINGTON) — The National Oceanic and Atmospheric Association is investigating Robert F. Kennedy Jr. after the resurfacing of a decades-old incident in which Kennedy allegedly drove a dead whale’s head across state lines, a representative for the agency told ABC News.
Kate Silverstein, a spokeswoman for NOAA Fisheries, told ABC News Monday that the agency was investigating Kennedy, confirming what the former independent presidential candidate told a crowd in Arizona over the weekend.
“I received a letter from the National Marine Fisheries Institute saying that they were investigating me for collecting a whale specimen 20 years ago,” Kennedy said at the event, where he was campaigning for former President Donald Trump, whom he endorsed after suspending his own campaign.
In a 2012 Town and Country article, Kennedy’s daughter, Kick Kennedy, told an anecdote about her father’s handling of a dead whale that washed up on a Massachusetts beach.
Robert Kennedy used a chainsaw to cut off the head of the whale and strapped it to the roof of his minivan roughly three decades ago, Kick Kennedy recounted.
The story resurfaced last month and drew condemnation from at least one environmental group, which called for the NOAA to investigate.
Silverstein did not respond to a question seeking confirmation that NOAA’s investigation was related to the incident Kick Kennedy described.
She said the agency does not comment on ongoing investigations.