Judge overseeing ‘fake elector’ case recuses himself after defense accuses him of anti-Trump bias
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(WASHINGTON) — The judge overseeing the Arizona “fake elector” case against several of Donald Trump’s allies has recused himself from the case after accusations of personal bias.
Last week, defense attorneys for State Senator Jacob Hoffman filed a motion to disqualify Judge Bruce Cohen, alleging that an email published by a media outlet revealed “politically charged statements” made by Cohen while overseeing the case.
“While Judge Cohen is entitled to his political opinions and speech, his rhetoric and exhortation precisely mirrors the evidence of hostile partisan political zealotry at the heart of the motions to dismiss that have been languishing before the Court for months,” the attorneys said in the filing last week.
“Judge Cohen’s impartiality can readily be questioned because of his apparent personal prejudice against President Trump and his supporters,” the attorneys added.
In an email sent in August, Cohen urged fellow members of the bench to speak out against attacks made against Vice President Kamala Harris. He also lamented the failure to speak out against Nazism, according to the attorneys.
“When we cannot or do not stand with others, the words of Martin Niemoller are no longer a historic reference to the atrocities of WWII, those words describe the present,” Cohen wrote.
“But it is time for me to state my piece or be complicit in the depravity,” he added.
In response to the filing, Cohen had initially scheduled a conference hearing to discuss the issue but on Tuesday afternoon, he sent a notice of recusal to the defense attorneys.
In the notice, Cohen defended the email that surfaced, saying it was not reflective of bias.
“As noted in the subject e-mail, the same cry for decency and respect would have been made about disparaging comments from either political sphere,” Cohen wrote. “That said, within hours after sending the August e-mail solely to other judicial officers and not in any public forum, an apology was sent out to those same judicial officers.”
“Out of a commitment to justice, even the appearance of bias cannot be allowed to undermine the fundamental fairness that is extended by the court to all who come before it,” Cohen added.
“It is for that reason alone that this court is recusing itself from all further proceedings in this matter.”
All those indicted in the case pleaded not guilty earlier this summer to charges of fraud, forgery, and conspiracy for their alleged efforts to overturn the state’s election results. Trump’s former attorney Jenna Ellis subsequently reached a cooperation agreement with prosecutors in exchange for the state dropping the charges against her.
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(ATLANTA) — Early in-person voting kicks off in Georgia on Tuesday as uncertainty over new election rule changes looms large in one of the crucial states that will decide this year’s presidential election.
Georgia counties will provide early in-person voting for at least 16 days, with some counties offering an extra voting day on Sunday. Nov. 1 will be the last day of early in-person voting.
The commencement of Georgia’s three-week period for early voting comes as the Georgia state election board recently passed sweeping new changes to the state’s election system, including how votes are tabulated.
Over the summer, the Republican-controlled State Election Board passed a rule requiring all ballots to be hand counted on election night, prompting legal challenges and pushback from both major parties as officials warned about potential delays in reporting results.
Georgia’s Attorney General Chris Carr, a Republican, told the board it was operating outside of its authority, and warned that the rule changes were likely not lawful. Vice President Kamala Harris’ campaign joined a lawsuit from Georgia Democrats suing to block the last-minute rule changes.
Fulton County Superior Court Judge Thomas A. Cox Jr. scheduled hearings this week to hear about the lawsuits challenging the new rules, including the hand-counting provision and new rules that expand access to poll watchers.
Another prominent Republican in the state, Secretary of State Brad Raffensperger, also promised that while Georgia law mandates certification on Nov. 12, he raised concerns about potential false claims that could arise as potential reporting delays linger.
“Everything we’ve been fighting for since 2020 has been to give the voter quicker, you know, responses, quicker results, and that’s why we’re going to post all the early votes by 8 p.m,” Raffensperger said in an interview with the Washington Post on Monday.
“Well, this now drags on for the final 30 percent until one, two, three, or four o’clock in the morning.” he said. “Really, that just becomes a breeding ground for conspiracy theories, and so we don’t support it, but the judge will make that determination. We’ll find out. We’ll follow the law.”
Georgia voters will already face changes this election cycle due to the state’s Election Integrity Act, SB 202, passed in 2021, which adds more verification for voters requesting absentee ballots, limits the amount of ballot drop box locations, and, in one of the most controversial rule changes, the law now makes it a misdemeanor to give away food or water within 150 feet of a polling place or within 25 feet of a voter in line.
Advocates of the rule change argue that those rule changes will provide more transparency to the election process and have been set in place well before November’s election so poll workers and voters have had time to understand the changes.
However, Democrats have repeatedly attempted to block provisions of the law, claiming that the strict rules on identification will disenfranchise voters and criminalize portions of the election process.
Candidates are educating their voters about the new voting landscape in Georgia, emphasizing how crucial turnout will be in the state.
Former President Bill Clinton spent time in middle Georgia on Sunday and Monday, focusing on mobilizing supporters in rural areas for Vice President Kamala Harris.
“They’ve been able to make it easier for states that agree with them to make it harder for people to vote, but not impossible, and Georgia has more experience than almost any other state in climbing those barriers and breaching them,” he said at a campaign stop in Columbus on Monday.
Former President Donald Trump will mark the start of early voting in Georgia with a series of campaign stops on Tuesday. He will first tape a Fox News town hall focused on women’s issues before delivering remarks at a rally in Atlanta.
The Harris campaign is deploying surrogates around the state on Tuesday and the vice president is expected to visit the state later this week as polling shows an extremely tight race in the Peach State — which helped secure President Joe Biden’s victory in 2020 after it narrowly flipped in favor of Democrats.
According to polling forecasts from 538, a victory in Georgia for either campaign would be pivotal to ensuring an electoral victory, which would give Trump around a 3-in-4 shot at winning the presidency and Harris about a 9-in-10 chance of becoming the next president.
That polling is reflective of how both campaigns have been prioritizing Georgia.
“If we lose Georgia, we lose the whole thing and our country goes to hell. Because we can’t have her be president of the United States. She’s grossly incompetent. We can’t let that happen,” Trump said during a rally in Atlanta in August.
Trump in recent weeks has publicly mended his relationship with Brian Kemp, the state’s popular Republican governor, after furiously lashing out at him after Kemp refused to give in to Trump’s demands in 2020 to prevent state officials from certifying the election.
Earlier this month, the two appeared together for the first time since 2020 when Trump toured the state after Hurricane Helene devastated parts of Georgia.
Harris has campaigned on the issue of abortion in Georgia, using the state’s six-week abortion ban and Trump’s role in overturning Roe vs. Wade to appeal to suburban women — a key voter bloc.
“Now we know that at least two women, and those are only the stories we know here in the state of Georgia, died, died because of a Trump abortion ban,” Harris said last month after a ProPublica report tied the deaths of two Georgia women to the state’s restrictive ban.
“This is a health care crisis, and Donald Trump is the architect. He brags about overturning Roe v. Wade in his own words, quote, ‘I did it, and I’m proud to have done it.’ He is proud, proud that women are done.”
(WASHINGTON) — A growing number of senators have privately signaled that they are not inclined to vote to confirm Pete Hegseth as President-elect Donald Trump’s next defense secretary, leading Trump’s advisers to begin discussing who may be a viable replacement, sources familiar with the matter told ABC News.
Sources tell ABC News that at least six senators have privately indicated that they don’t intend to vote for Hegseth amid the growing allegations about his mistreatment of women.
While Trump and his advisers have privately said the president-elect backs Hegseth and wants him to “keep fighting,” sources familiar with private discussions tell ABC News that a growing list of replacements is emerging to replace him. Those include Iowa Sen. Joni Ernst, Florida Gov. Ron DeSantis, Tennessee Sen. Bill Hagerty and Florida Rep. Mike Waltz, whom Trump has already tapped to be national security adviser.
Sources close to DeSantis say he has expressed interest in the role. He was seen today with Trump attending a memorial service for three Palm Beach County sheriff’s deputies in West Palm Beach, who were killed in a crash last month.
Reached by ABC News, a spokesperson for the Trump transition team declined to comment.
Hegseth was back on Capitol Hill Tuesday looking to shore up support as he fends off the allegations of misconduct and sexual impropriety.
The visit came after a report in The New Yorker that Hegseth was forced to step down from two veteran nonprofit groups — Veterans for Freedom and Concerned Veterans for America — amid accusations of financial mismanagement, sexist behavior and other disqualifying behavior.
ABC News has not independently confirmed the magazine’s account. Hegseth’s attorney, Tim Parlatore, told The New Yorker the claims were “outlandish.”
(WASHINGTON) — Although she was just in her mid-20s, Tulsi Gabbard’s hair had already started turning white shortly before she first set foot in the U.S. Senate as a legislative aide in 2006.
Coming from her native Hawaii, she had landed a job with longtime Hawaii Democratic Sen. Daniel Akaka, chair of the Senate Veterans Affairs Committee and a senior member of the Senate Armed Services Committee, who would become her mentor.
Now, almost 20 years later, the former Democratic congresswoman returns to the Senate to meet with lawmakers, including members of the Senate Intelligence Committee, as President-elect Donald Trump’s pick to be director of national intelligence after appearing with him a number of times on the campaign trail and serving as an honorary co-chair of his transition team.
Gabbard spent the past week in Oklahoma on Army National Guard duty. She currently holds the rank of lieutenant colonel, something supporters argue qualifies her for the job as critics cite her lack of experience.
She’s also facing renewed scrutiny over her past comments on Syria and her meeting with now-overthrown dictator Bashar Assad.
From Hawaii to Kuwait to Congress
By the time she came to the Senate, Gabbard had already made history in Hawaii as one of the youngest lawmakers elected to a state legislature at age 21. Serving alongside her father, Hawaii state Sen. Mike Gabbard, she became part of the first father-daughter combination in a legislature in the country.
As a Senate staffer, Gabbard remained in Hawaii’s National Guard, drilling on the weekends.
During her first yearlong deployment at Joint Base Balad in Iraq, nicknamed “Mortaritaville” for being hit with daily attacks, she’s said fumes from a nearby burn pit would regularly sicken her fellow service members, causing flu-like symptoms they called the “crud.”
In 2007, she attended the Accelerated Officer Candidate School at the Alabama Military Academy, graduating at the top of her class as its first distinguished woman honor graduate. After two years working in the Senate, Gabbard volunteered for a deployment to Kuwait.
As a military police platoon leader and trainer for the Kuwait National Guard’s counterterrorism unit, Gabbard achieved another milestone in 2009, becoming one of the first women to set foot in a Kuwaiti military facility and the first woman to be honored by the Kuwait National Guard.
In her limited free time, Gabbard continued working on her bachelor’s degree from Hawaii Pacific University, taking online classes in an education tent.
Although her hair returned to its natural color, she told ABC News in 2019 she eventually kept a distinctive streak of white.
“It’s a reminder, every single day of the cost of war of those we lost and my mission in life to to seek peace and to fight for peace,” Gabbard said.
Gabbard later returned to Hawaii and ran for Honolulu City Council, serving from 2010 until 2012, before being elected to Congress as the then-youngest female member.
Bipartisan outreach
As a new member of Congress, Gabbard worked to forge relationships with members on both sides of the aisle.
She arrived armed with 434 boxes of macadamia nut toffee, homemade by her mother, for every member of Congress and an additional 435 boxes for staffers. Each box came with a handwritten letter, a form of diplomacy as a Democrat facing a Republican-controlled House.
During her freshman year in Congress in 2013, Gabbard was appointed vice chair of the Democratic National Committee, but stepped down from that position to endorse Sen. Bernie Sanders’ 2016 presidential bid.
She co-chaired the Future Caucus, a bipartisan effort to engage members of Congress under 40 years old. Gabbard also bonded with lawmakers over sports, playing on the Congressional Softball Team with New York Democratic Sen. Kyrsten Sinema and joining early morning workouts with colleagues such as Oklahoma GOP Sen. Markwayne Mullin. She and Kentucky Republican Sen. Rand Paul co-sponsored legislation, including the Stop Arming Terrorists Act.
After an unsuccessful bid for the party’s 2020 presidential nomination, she left the Democratic Party and became an independent and campaigned for Republicans, including Sens. Mike Lee and Chuck Grassley. She told Trump on a rally stage in October that she was registering as a Republican.
Controversial views on Russia, Syria
Gabbard was one of the first to enter the crowded Democratic 2020 primary and was one of the last three remaining candidates. One of her rivals in that race, Democratic Sen. Elizabeth Warren, announced she would oppose Trump’s choice of Gabbard, alleging she had suggested NATO had provoked Russian President Vladimir Putin to invade Ukraine.
“Do you really want her to have all the secrets of the United States and our defense intelligence agencies when she has so clearly has been in Putin’s pocket? That just has to be a hard no,” Warren said on MSNBC’s “Morning Joe” in November.
However, Republican Sen. Eric Schmitt of Missouri defended Gabbard in November on NBC’s “Meet The Press,” taking aim at accusations that Gabbard was a “Russian asset.”
“It’s a slur, quite frankly. You know, there’s no evidence that she is an asset of another country. She served this country honorably,” Schmitt said.
Democratic Sen. Tammy Duckworth of Illinois, who entered the Senate as the first female combat veteran while Gabbard was doing the same in the House, has opposed her pick for DNI, alleging she’s been compromised.
“The U.S. intelligence community has identified her as having troubling relationships with America’s foes. And so my worry is that she couldn’t pass a background check,” Duckworth said on CNN’s “State of the Union” in November.
Mullin struck back at Duckworth’s comments, saying “That’s the most dangerous thing she could say — is that a United States lieutenant colonel in the United States Army is compromised and is an asset of Russia.”
“If she was compromised, if she wasn’t able to pass a background check, if she wasn’t able to do her job, she still wouldn’t be in the Army,” he said.
Now, with the rebel takeover of Syria and the fall of Assad, Gabbard is drawing renewed attention to her controversial visit to Syria in 2017 — what she called a fact-finding mission — and sympathy she expressed after meeting with the Syrian dictator, saying the U.S. should stop aiding the “terrorists” trying to overthrow him.
Gabbard noted in 2019 that a CIA program “was directly and indirectly helping to equip and train and provide support to different armed groups, including those who are allied with and affiliated with al-Qaeda, to overthrow the Syrian government.”
The “Stop Arming Terrorist Act” she worked on with Paul in the Senate said the U.S. should stop aiding the “terrorists” trying to overthrow Assad.
Assad has been accused of war crimes against his own people during the Syrian civil war, in which hundreds of thousands have been killed. A few months after meeting with Assad, Gabbard said she was skeptical he had used chemical weapons against his own people, despite evidence from the U.S. government that he had, to argue against military intervention during Trump’s first administration.
Gabbard warned in June of 2019 that she was concerned that the toppling of Assad’s regime could lead to terrorist groups like ISIS and al-Qaeda to step in to fill the void and “completely massacre all religious minorities there in Syria.”
In a 2019 interview on ABC’s “The View” while running for president, she called Assad a “brutal dictator,” but said the U.S. regime-change strategy had not improved the lives of the Syrian people.
-ABC News’ Selina Wang contributed to this report.
