Judge tosses 2 more counts against Trump in Georgia election interference case
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(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) — Vice President Kamala Harris, in an appearance on the “Call Her Daddy” podcast, slammed Arkansas Gov. Sarah Huckabee Sanders recently suggesting the presidential candidate isn’t humble because she doesn’t have biological children.
Speaking to “Call Her Daddy” host Alex Cooper, who asked about Huckabee Sanders’ remark, “My kids keep me humble. Unfortunately, Kamala Harris doesn’t have anything keeping her humble,” Harris suggested the governor is caught in the past.
“I don’t think she understands that there are a whole lot of women out here who, one, are not aspiring to be humble, two, a whole lot of women out here who have a lot of love in their life, family in their life, and children in their life,” Harris told Cooper on “Call Her Daddy,” which Spotify says is the most-listened-to podcast by women. “And I think it’s really important for women to lift each other up.”
Harris, who is stepmother to two now-adult children from her marriage to second gentleman Doug Emhoff, said family comes in many forms.
“We have our family by blood, and then we have our family by love, and I have both, and I consider it to be a real blessing,” she said. “And I have two beautiful children, Cole and Ella, who call me Momala. We have a very modern family. My husband’s ex-wife is a friend of mine.”
She continued, “Family comes in many forms and I think that increasingly, all of us understand that this is not the 1950’s anymore. Families come in all shapes or forms and they are family nonetheless.”
During the 40-minute interview, Cooper also asked Harris about Donald Trump’s running mate, JD Vance, having previously complained he didn’t want the country run by “childless cat ladies.”
“I just think it’s mean and mean-spirited,” Harris told Cooper. “And I think that most Americans want leaders who understand that the measure of their strength is not based on who you beat down; the real measure of the strength of a leader is based on who you lift up.”
Harris spent much of the interview discussing abortion rights and what statewide abortion bans can mean for people living in those states — including mothers, who may need to arrange childcare and travel out of state for the procedure.
“Let’s talk about how it affects a real person. The majority of women who receive abortion care are mothers,” Harris said. “So imagine she’s in a state with an abortion ban — one out of three women are, by the way, in our country — and she’s a mom. She’s going to have to figure out, one, God help her if she has affordable childcare, God help her if she has paid leave, and then she’s going to have to go to the airport, stand in a TSA line, sit on a plane next to a perfect stranger, to go to a city where she’s never been to receive the care she needs … and that’s all if they can even afford a plane or a bus ticket.”
Harris made her appeal to listeners who might not personally believe in abortion, emphasizing that women should have the right to choose for themselves.
“You don’t have to abandon your faith or deeply held beliefs to agree that government shouldn’t be telling her what to do. If she chooses, she’ll talk to her priest, her pastor, her rabbi or Imam, but not the government telling you what to do,” Harris said. “And that’s what’s so outrageous about it, is a bunch of these guys up in these state capitals are writing these decisions because they somehow have decided that they’re in a better position to tell you what’s in your best interest than you are to know what’s in your own best interest.”
She continued: “This is not about imposing my thoughts on you in terms of what you do with your life or your body. … It’s actually quite the opposite. It’s saying the government shouldn’t be telling people what to do.”
She also hit back against Trump’s false claim at last month’s presidential debate that some states allow post-birth abortions.
“That is not happening anywhere in the United States. It is not happening, and it’s a lie — it’s a bald-faced lie that he is suggesting,” she said. “Can you imagine, can you imagine — he’s suggesting that women in their ninth month of pregnancy are electing to have an abortion. Are you kidding? That is so outrageously inaccurate, and it’s so insulting to suggest that that would be happening and that women would be doing that. It’s not happening anywhere. This guy is full of lies.”
Harris railed against Trump’s baseless claims about abortion, calling him “careless and irresponsible and reckless.”
Asked by Cooper how she was feeling in the last few weeks of the campaign, Harris said she was feeling both “great” and “nervous.”
“You know, there’s this old adage: there are only two ways to run: without an opponent or scared. So there you go,” Harris said. “The only thing that matters is really just spending as much time as I can, as much time as I possibly can, meeting with people and talking with them about the stakes and their future.”
(WASHINGTON) — Former President Donald Trump spoke at a furniture store in Hurricane Helene-ravaged Valdosta, Georgia, on Monday where he said the day wasn’t about politics — only to use the moment to continue to slam President Joe Biden and Vice President Kamala Harris for their response to the natural disaster.
“As you know, our country is in the final weeks of a hard-fought national election. But in a time like this, when a crisis hits, when our fellow citizens cry out in need, none of that matters. We’re not talking about politics now. We have to all get together and get this solved. We need a lot of help. They have to have a lot of help down here,” Trump said of the Georgia community hit by the hurricane.
But Trump later suggested Biden and Harris weren’t doing enough in the aftermath of the hurricane, which hit several states including Georgia and North Carolina — two battlegrounds in the upcoming election.
“We do need some help from the federal government,” Trump claimed.
On Monday, Biden said he has directed his team to “provide every, every available resource as fast as possible” to the communities to help them rescue, recover and begin to rebuild.
Homeland Security Adviser Liz Sherwood Randall on Monday said there are currently 3,500 federal response personnel deployed and supporting response efforts across the region, and additional personnel is expected to arrive in the coming days.
“Search and rescue efforts by state, local, and federal partners are ongoing, and nearly 600 additional personnel will arrive in the region in the coming days, increasing the total number of urban search and rescue personnel to over 1,250,” she told reporters.
The Federal Emergency Management Agency and US Army Corps of Engineers are also getting generators ready to be deployed to states that request them.
While communication remains a major challenge for the impacted area, Sherwood-Randall said, “FEMA will install 30 Starlink receivers in western North Carolina to provide immediate connectivity for those in greatest need.”
Biden, while returning home from the beach on Sunday, was adamant that his administration was doing everything possible to help the affected communities.
Asked by ABC News is there are more resources the federal government could be giving, Biden responded, “no, we’ve given them.”
“We have pre-planned a significant amount, even though they didn’t ask for it yet — hadn’t asked for it yet,” Biden said Sunday.
The Trump campaign said it partnered with humanitarian aid nonprofit Samaritan’s Purse to bring relief supplies to the state. A campaign official claimed it brought one gas tanker and two trucks full of supplies.
“We’ve done this before, but we have a lot of truckloads of different items, from oil to water to all sorts of equipment that’s going to help them,” Trump said.
Harris cut short her campaign swing through Las Vegas to return to Washington to be briefed on the hurricane response by the FEMA.
Harris said she intends to visit communities impacted by Hurricane Helene “as soon as it is possible without disrupting emergency response operations,” according to a White House official. Harris, who was briefed by FEMA on the federal response to the hurricane, reached out to local officials, including Florida Gov. Ron DeSantis and Georgia Gov. Brian Kemp.
“We are deploying food, water and generators, and working to restore state and local leaders, we will provide whatever help they need in the days and weeks ahead,” Harris said Sunday while rallying in Las Vegas.
She will learn more from FEMA during meetings in Washington on Monday, according to a White House official.
Trump’s visit to Georgia comes after other recent criticism of Biden and Harris for their response to Hurricane Helene.
“She ought to be down in the area where she should be. That’s what she’s getting paid for, right? That’s what she’s getting paid for,” Trump said at his rally Sunday in Erie, Pennsylvania.
Trump has attacked Harris’ response to Hurricane Helene specifically, saying her delay in visiting the impacted region demonstrates that she isn’t qualified to become president.
On Monday, Biden said called Hurricane Helene “not just a catastrophic storm, it’s historic, history, making storm,” and pledged to visit the impacted area once he can do so without being “disruptive,” hopefully later this week.
“I also want you to know I’m committed to traveling to impacted areas as soon as possible. But, I’ve been told that it’d be disruptive if I did it right now, we will not do that at the risk of diverting or delaying any, any of the response assets needed to deal with this crisis,” Biden said Monday. “My first responsibility is to get all the help needed to those impacted areas.”
Asked if Trump’s visit to Georgia was causing a disruption, Biden replied “I don’t have any idea.”
White House press secretary Karine Jean-Pierre said Monday that Biden was “taking caution to avoid using critical resources that is needed right now, on the road, that, on the ground that people need,” and added that “should be everyone’s top consideration right now.”
Asked if there requests for the Trump to delay his visit, Jean-Pierre didn’t engage directly, repeating Biden’s desire to not take away from resources, but adding “he believes everybody should adhere-adhere to that.”
Hurricane Helene’s storm surge, wind damage, and inland flooding caused deviation and casualties in Florida, Georgia, South Carolina, North Carolina, Virginia, and Tennessee, flooding neighborhoods, stranding residents, demolishing homes and toppling trees. The storm has killed at least 107 people and left dozens missing.
ABC News’ Molly Nagle, Fritz Farrow, Gabriella Abdul-Hakim, Will McDuffie and Sarah Beth Hensley contributed to this report.
(WASHINGTON) — There is roughly a month left to go in the 2024 presidential race, yet Donald Trump has been ramping up his rhetoric to possibly challenge the outcome.
For months, he’s accused Democrats of cheating, threatened to prosecute election workers and falsely claimed noncitizens are being allowed in the country to cast ballots.
Trump’s also now telling his supporters that if he loses in November, it will be the country’s “last election” — the latest dark comment in his increasingly bleak and dystopian campaign rhetoric.
Asked for comment on his remarks, the Trump campaign’s national press secretary Karoline Leavitt told ABC News: “President Trump has always stated we need free and fair elections, or we won’t have a country.”
Here’s a closer look at what Trump has said to supporters on the trail in an apparent effort to sow doubt on the voting process.
Trump falsely accuses Democrats of cheating
“They cheat. That’s all they want to do is cheat. And when you see this, it’s the only way they’re gonna win,” Trump said at a rally in Wisconsin on Oct. 6. “And we can’t let that happen and we can’t let it happen again. We’re going to have no country.”
Trump’s claims that Democrats cheated in the previous election or are doing so in this race are baseless.
Trump’s allegations of fraud in the 2020 election were debunked by his own administration officials, legal challenges failed in the courts and recounts or audits conducted in narrowly-decided swing states all affirmed President Joe Biden’s victory.
In this same vein, he’s also accused Democrats of staging “coup” when Biden dropped out and Harris succeeded him. Harris received 99% of the delegate votes in the Democratic National Committee’s virtual roll call vote after Biden exited the race.
Top officials in key battleground states have said they are confident in the integrity of this election. Many have testified on Capitol Hill or at conferences on the steps they’ve taken to boost voter confidence and make the process more transparent.
The Pennsylvania Department of State, noting it conducts two audits after every election, told ABC News it was “confident in the integrity of county officials and election administrators across the Commonwealth, despite irresponsible statements that are not based in fact or supported by evidence.”
Georgia Secretary of State Brad Raffensperger recently reiterated that the state’s elections are “secure.” Michigan Secretary of State Jocelyn Benson said “every valid vote will count, the election will be secure, the results will be accurate. Just like in 2020.”
Trump threatens to prosecute election workers if elected
In a post on his conservative social media site last month, Trump said if he is back in the White House, he will prosecute anyone he deems was involved in “unscrupulous behavior” in the 2024 election.
“It was a Disgrace to our Nation!” he wrote of the 2020 election. “Therefore, the 2024 Election, where Votes have just started being cast, will be under the closest professional scrutiny and, WHEN I WIN, those people that CHEATED will be prosecuted to the fullest extent of the Law, which will include long term prison sentences so that this Depravity of Justice does not happen again.”
The prosecutions, he said, would extend to lawyers, donors, political operatives and election officials.
Election officials and experts told ABC News that Trump’s comments were “dangerous” given the heightened threat environment for election administrators and poll workers.
Trump falsely claims illegal immigrants are voting en masse
“Our elections are bad,” Trump said during the ABC News presidential debate on Sept. 10. “And a lot of these illegal immigrants coming in, they’re trying to get them to vote. They can’t even speak English. They don’t even know what country they’re in practically. And these people are trying to get them to vote. And that’s why they’re allowing them to come into our country.”
Noncitizen voting in federal elections is already illegal, and recorded instances of undocumented immigrants casting ballots are incredibly rare, according to officials and studies.
The Heritage Foundation, a conservative think tank, has recorded about two-dozen instances where noncitizens were penalized for voting between 2003 and 2023. Over that period of time, the foundation found just 1,500 proven instances of overall voter fraud despite billions of votes being cast.
The Brennan Center, following the 2016 general election, also found noncitizen voting to be virtually nonexistent. The center reported that election officials who oversaw the tabulation of 23.5 million votes across 42 jurisdictions referred only an estimated 30 incidents of suspected noncitizen voting for further investigation or prosecution — or 0.0001%.
Trump’s mixed messaging on mail-in ballots
Trump’s messaging on mail-in voting has been incredibly mixed. At times, he’s encouraged his supporters to vote by that method and in any other way possible — and voted himself by mail in 2020. Other times, however, he’s pushed a narrative that mail-in ballots are “corrupt” or not as secure.
“The elections are so screwed up. We have to get back in and we have to change it all,” Trump falsely said during a rally in Pennsylvania this past summer. “We want to go to paper ballots. We want to go to same-day voting. We want to go to citizenship papers. And we want to go to voter ID. It’s very simple. We want to get rid of mail-in voting.”
There are a number of safeguards in place to protect the voting process, including mail-in voting, according to the Cybersecurity and Infrastructure Security Agency. The agency has set out to combat misinformation about elections on its website.
Trump’s also targeted the U.S. Postal Service, claiming the agency may not be prepared for the election — which prompted significant pushback from Postmaster General Louis DeJoy, who flatly said such comments are “wrong.”
More recently, Trump amplified false claims that a significant percentage of mail-in ballots in Pennsylvania (considered a key state for both campaigns) were “fraudulent.” Pennsylvania Gov. Josh Shapiro pushed back that mail ballots hadn’t been sent out yet when Trump made that claim and that the state conducts two audits after each election to ensure results are legitimate.
Trump still won’t accept he lost 2020 election
Trump continues to claim that the 2020 was stolen from him. His running mate, Ohio Sen. JD Vance, and House Speaker Mike Johnson, the top Republican on Capitol Hill, have also recently declined to say Trump lost that election.
“We won, we won, we did win,” Trump falsely told rallygoers in Michigan on Oct. 3. “It was a rigged election.”
President Biden recently stressed he believed the election would be “free and fair” but voiced worry it would not be “peaceful.” The concern, he said, came from Trump and Vance’s recent comments.
“They haven’t even accepted the outcome of the last election. So, I am concerned about what they’re going to do,” Biden said on Oct. 4.
At times, Trump and members of his campaign have said he will accept the 2024 results so long as it is a free and fair election.
“If it’s a fair and legal and good election, absolutely,” he said during the CNN presidential debate, declining to outrightly say he would accept the outcome.
That didn’t stop him, however, from challenging the 2020 election results despite no evidence of widespread fraud or wrongdoing.
ABC News’ Soorin Kim, Lalee Ibssa and Kelsey Walsh contributed to this report.
