POLITICO NIGHTLY: The legal threat to Trumpworld in Georgia

 

View in browser   BY ANKUSH KHARDORI Fulton County District Attorney Fani Willis in her office in Atlanta. | AP Photo/John Bazemore GEORGIA ON MY MIND — In the wake of the Jan. 6 select committee’s hearings, there have been plenty of questions about Attorney General Merrick Garland’s handling of the investigation into the events leading up to the siege of the U.S. Capitol. But the probe of another prosecutor — Fani Willis, the district attorney in Fulton County, Georgia — has increasingly attracted the attention of the national media and legal observers, following a series of attention-grabbing investigative steps that have put the office in direct conflict with some key participants in former President Donald Trump’s effort to overturn the election. The characters and many of the accusations are probably familiar to those who have been following Trump’s other legal battles. Let’s explore what makes this probe unique: What has Willis’s office been up to? Prosecutors in Willis’s office have been conducting a criminal investigation since early last year that originated with ‘The Call’ between Trump and Georgia Secretary of State Brad Raffensperger. There was little in the way of publicly observable investigative activity until this past May, when a judge approved a request by the office to convene a special grand jury with subpoena power to gather evidence and to compel the appearance of witnesses. (Raffensperger, for instance, had apparently insisted on a subpoena to obtain his testimony.) In recent weeks, the office has subpoenaed an array of Trump-adjacent figures, including lawyers John Eastman and Rudy Giuliani, who were reportedly integral to the former president’s elaborate effort to fight the election results; Sen. Lindsey Graham (R-S.C.), a Trump ally who, according to Raffensperger, may have improperly suggested that the state disregard lawful mail-in ballots in order to help Trump; and Rep. Jody Hice (R-Ga.), who reportedly worked with Trump’s team to try to prevent the certification of Joe Biden’s victory on Jan. 6. The office also identified the 16 Republicans who served as Trump’s “alternate” electors in the state as “targets” of the probe. Early this week, however, a judge criticized DA Willis’s decision to host a fundraiser for the opponent of one of those electors — a Republican state senator who is running for lieutenant governor. The judge concluded that Willis’s actions created “a plain — and actual and untenable — conflict” and that prosecutors had to outsource any case against him to another office in the state. What sorts of laws might be at issue? Georgia has a variety of statutes related to election fraud that may be implicated by the conduct under investigation, as well as a broad anti-racketeering law that has drawn some attention. How nervous should Trump be about this? That remains unclear. It’s not good if a prosecutor subpoenas your lawyers and allies as part of an investigation into efforts to overturn the lawful results of an election, particularly if your own involvement was memorialized in a recording that sparked national outrage and raised legal questions . That does not mean, however, that Willis has a clear path to charging Trump himself. State-level criminal investigations and prosecutions are often looser and less predictable than federal criminal investigations, as the recent ruling against Willis demonstrated. Recalcitrant figures in a probe of this complexity can also make things difficult for prosecutors by fighting subpoenas , lodging jurisdictional challenges and invoking privileges. Those sorts of efforts can take time for courts to resolve. The Washington Post also recently reported that “[t]here are no reported appellate cases interpreting the election law statutes that prosecutors are likely to scrutinize, while Georgia’s anti-racketeering law was not necessarily intended for cases of election interference.” That is a vacuum of sorts that could provide fodder for legal challenges if prosecutors ultimately get around to charging people. The general sense in some precincts of the media that Willis’s office’s investigation is moving inexorably to some sort of showdown with Trump may ultimately prove correct. Still, some caution is in order given recent history and the record of many legal observers when it comes to Trump. In March of last year, for instance, the hosts of an ostensibly reputable legal podcast speculated that Willis might indict Trump in a matter of days — a prediction that, needless to say, did not come to fruition. That claim, though, inadvertently highlighted a fundamental fact of anti-Trump legal commentary, which is that there is generally no penalty for being wrong as long as you’re predicting Trump’s eventual demise. It was also not that long ago that many of the people now focused on Willis’s probe were touting the investigation into Trump’s finances by the Manhattan District Attorney’s office, which appears to have petered out for the time being. An author of a Brookings report that analyzed the Georgia probe recently penned an op-ed for the New York Times praising Willis and touting “the vast amount of relevant proof of possible Georgia crimes,” but after the Manhattan DA’s office criminally charged the Trump Organization and its CFO last summer, the same person predicted that the office was “on the brink of a much larger case against Trump and his businesses.” Of course, that is not how things played out . And Allen Weisselberg — who some pundits confidently predicted would quickly flip against Trump — has yet to stand trial and has shown no signs of cooperating against Trump anytime soon. Willis’s probe is worth watching closely, but as with all things when it comes to Trump and his legal battles, it is best not to presume that anyone knows the outcome for certain. Welcome to POLITICO Nightly. Reach out with news, tips and ideas at nightly@politico.com . Or contact tonight’s author at ankush.khardori@gmail.com.   STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president’s ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today .     WHAT'D I MISS? — DOJ accuses Russian operative of conspiring with U.S. groups to push propaganda: The Justice Department today unsealed an indictment in Tampa charging a Russian operative with conspiring to influence unnamed groups in Florida, California and Georgia to interfere with U.S. elections and further Russian propaganda. The DOJ accused Aleksandr Viktorovich Ionov of working for at least seven years on behalf of the Kremlin to recruit and pay American groups to “publish pro-Russian propaganda.” Ionov is not currently in custody. — Blinken and Russian foreign minister discussed proposal for Griner, Whelan: Secretary of State Antony Blinken urged Russian Foreign Minister Sergey Lavrov to accept a “significant proposal” to bring home Americans Brittney Griner and Paul Whelan , Blinken told reporters today. Blinken would not characterize Lavrov’s responses, or say whether an agreement was “any more or less likely” after the call. — The Manchin pressure campaign: CEOs, labor bosses and Bill Gates: After Joe Manchin balked at the clean energy incentives in Democrats’ spending bill two weeks ago, clean energy manufacturing companies helped orchestrate a 13-day effort to change his mind , more than 20 people involved in the effort told POLITICO — eventually helping to get his backing for the $369 billion in incentives in the newly dubbed Inflation Reduction Act. That push — which two people involved said included a call from Bill Gates, whose venture capital firm has backed a West Virginia-based battery start-up — was taking place alongside a campaign by other senators and economist Larry Summers to convince Manchin of the merits of the bill.   INTRODUCING POWER SWITCH: The energy landscape is profoundly transforming. Power Switch is a daily newsletter that unlocks the most important stories driving the energy sector and the political forces shaping critical decisions about your energy future, from production to storage, distribution to consumption. Don’t miss out on Power Switch, your guide to the politics of energy transformation in America and around the world. SUBSCRIBE TODAY .     AROUND THE WORLD DIRTY POOL — After Mario Draghi’s coalition government collapsed, plunging Italy into fresh turmoil, an unsettling question is hanging in the air: was the Kremlin involved ? Two incidents involving contact between right-wing party chiefs and Russian diplomats have triggered a round of finger-pointing in Rome as the election campaign gets into gear, writes Hannah Roberts . In the first incident in May, a Russian embassy official asked a foreign affairs adviser to Matteo Salvini — Meloni’s ally in the far-right League party — if he intended to pull his ministers out of Draghi’s coalition, according to La Stampa newspaper on Thursday, which cited intelligence reports. The second incident centers on Silvio Berlusconi, Italy’s former PM and a long-time ally of Putin’s. Berlusconi, who leads the center-right Forza Italia party, spoke to the Russian ambassador on the day that he withdrew his backing for Draghi’s government, according to reports in la Repubblica today. At stake is Italy’s international reputation and the question of whether Rome will remain a solid and dependable part of the Western alliance against Vladimir Putin’s aggression in Ukraine. NIGHTLY NUMBER $14 billion The amount of money the government can net from closing the carried interest loophole , which allows private equity companies to have a large portion of their performance profits taxed at a lower capital gains rate than regular income. This initiative — part of the deal between Sens. Chuck Schumer and Joe Manchin — is drawing the ire of private equity firms, who are making a push to convince Sen. Kyrsten Sinema to bat down the provision. PARTING WORDS Pennsylvania Senate candidate Mehmet Oz greets supporters. | Stephanie Keith/Getty Images CHECK UP — The GOP establishment is feeling down on Dr. Oz, write Holly Otterbein and Natalie Allison . The Senate Republicans’ campaign arm is privately sounding the alarm about Oz’s bid for the Senate in the critical battleground of Pennsylvania , while telling donors that the party still has a path to winning the majority without the state. On a donor call last week that focused on Senate races throughout the country, National Republican Senatorial Committee officials discussed Oz’s poor performance in polls, including his high unfavorability ratings, said a person on the call. “It was an alarm bell,” the person said, adding that Oz’s poor image among voters is “really freaking everybody out.” Senate Republicans’ easiest path to recapturing the Senate is through keeping retiring Sen. Pat Toomey’s seat in their column. But if brass at the NRSC determines that Oz is a lost cause, they can aim for pickups in other states including Georgia, Nevada, New Hampshire and Arizona. In addition to the Pennsylvania race, Republicans are defending hotly contested seats in Wisconsin and North Carolina. Did someone forward this email to you?  Sign up here .   Follow us on Twitter Charlie Mahtesian @PoliticoCharlie Calder McHugh @calder_mchugh Myah Ward @myahward Naomi Andu @naomiandu   FOLLOW US

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GOP nominee for PA gov busted in campaign cover up DOUG MASTRIANO

 

It's Our Democracy!

Today’s Action: Tell transportation Secretary Pete Buttigeg to put the airlines in their place!

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Today's Top Stories:

Doug Mastriano deletes Facebook videos as he runs for Pennsylvania governor
The GOP whack job is trying to erase the digital evidence of his conspiracy-minded extremism, removing as many as 14 videos featuring him promoting voter fraud conspiracy,

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Gov. Greg Abbott did not attend funerals for any of the Uvalde shooting victims
The Texas governor isn't just terrible at his job, he truly doesn't care about people — even children murdered on his watch.

Take Action: Demand the Department of Justice investigate Texas Governor Abbott for illegally targeting the parents of trans kids!

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Republicans pull HORRIFIC new stunt over abortion rights
No Lie with Brian Tyler Cohen: Unbelievable.

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GOP planning to flood the Biden administration with investigations should they retake the House
The Republicans are frothing at the bit to open show trials against Hunter Biden and over a range of issues, like the Afghanistan withdrawal, baby formula crisis, the origins of COVID-19, the US border — anything and everything they can to undermine Biden before the 2024 elections.

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Democrats' financial advantage grows in tightest U.S. Congress races
What was once expected to be a GOP blowout for House control has emerged as a neck-and-neck contest with Democrats in financial control.

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New report shows dark-money billionaires have spent $90 million to buy Congress for the GOP
A whopping 86% of the GOP's billionaire money came from "Wall Street tycoons" who are arguably the biggest beneficiaries of glaring loopholes in the tax code.

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Republican Rep. Jody Hice subpoenaed in Georgia Trump election probe
The Congressman tried to toss out the results of a democratic election in his state and a grand jury wants to hear more.

Take Action: Tell Congress to pass the Judicial Ethics and Anti-Corruption Act!

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Republicans and their corporate cronies are destroying our future
350.org Expanding our House and Senate majorities has never been more important — the entire planet is at stake. Can you chip in to help Team350 elect climate leaders to Congress?

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Trigger-happy Denver cops shoot five bystanders while responding to suspect accused of "felony menacing"
Police opened fire into a crowd after someone allegedly pointed a gun at them, causing a slew of injuries that thankfully everyone is expected to survive.

Take Action: Tell Big Tech companies to keep abortion data away from the cops!

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Soaring executive pay shows its CEOs, not workers, responsible for inflation
The AFL-CIO's latest report debunks the narrative pushed by oligarch mouthpieces blaming workers for inflation. "CEO pay rose 18.2%, faster than the U.S. inflation rate of 7.1%," the analysis finds. "In contrast, U.S. workers' wages fell behind inflation, with worker wages rising only 4.7% in 2021. The average S&P 500 companies' CEO-to-worker pay ratio was 324-to-1."

Take Action: Demand Republicans stop sabotaging President Biden's work to combat inflation!

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Students in a Dallas school district must wear clear backpacks after Uvalde shooting
The lack of any action from the state's Republican overlords have left administrators with performative but functionally meaningless "safety precautions" that accomplish nothing but further strip dignity away from our schoolchildren.

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Former Southwest flight attendant handed millions in settlement money after being fired for harassing her union leader
Charlene Carter harassed her union leader until she got fired. Now she's playing the victim, saying she was fired for her anti-abortion views, and won millions. Only in America.

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A song of fire, hold the ice...

UK has hottest temperatures ever amid heat wave's second day

40 million under heat warnings as 89 large fires rage across U.S.

Scientists depressed, frustrated as ignored climate predictions come to pass

Indian heat waves creating widespread suffering

Game of thrones...

White House seeks to delay decision on MBS immunity in Khashoggi murder

9/11 families slam Trump for hosting Saudi-backed golf tournament

China warns of 'forceful measures' if Pelosi visits Taiwan

Hope...

U of Florida QB Anthony Richardson changes nickname from "AR-15"

GoodGoodGood: 18 ways to help stop book bans

Community group to build England’s largest wind turbine

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Today’s Action: Tell transportation Secretary Pete Buttigeg to put the airlines in their place!

Anyone who’s been to an airport recently knows what an absolute mess American air transportation is these days. Thanks to a shortage of pilots, air traffic control issues, and general staffing issues post-COVID, airlines are scrambling to staff flights, leading to tens of thousands of cancellations.

This isn’t a surprise to the airlines. Flights are scheduled months in advance, meaning that these airlines knew they didn’t have the people to staff them, but they accepted people’s money anyway and then left them out in the cold when the time came for them to travel. To make matters worse, in 2021 they refused to refund a staggering $10 billion dollars to American travelers who had their flights canceled.

Secretary Pete Buttigeg announced the conclusion of investigations into a few unnamed airlines who canceled flights and failed to give refunds to passengers, but there is still no information on whether or not passengers will receive their refunds at all.

Email the Department of Transportation and demand Secretary Pete Buttigeg fight to get airline passengers their refunds!

Enough is enough. During the pandemic, the airline companies got a $54 billion bailout from the US taxpayer, and they proceeded to lay off 56,000 people anyway. Those people never got replaced, and now the US traveler who paid for the airline bailouts is getting ripped off and abused by these monopolistic behemoths.

Despite knowing that their teams are not performing at pre-pandemic level and that they are lacking in staff, airlines continue to knowingly oversell their capacity at the expense of American families. Secretary Buttigeg promises that enforcement action will come in the following weeks, but we need to know that full refunds for slighted passengers will be included in that action — and that these exploitative, greedy business practices will come to an immediate end.

Email the Department of Transportation and call for a speedy resolution!

PS — Please don't forget to sign the petition to investigate Ivanka Trump for perjury, and be sure to follow OD Action on Twitter, Facebook, and Instagram.

    @advocacy | 1002 Hull St., Louisville, KY 40204        

Jody Hice’s role in Jan 6

 

BREAKING: ATLANTA JOURNAL CONSTITUTION: Jody Hice's Role in Jan. 6 Insurrection Potentially "Bigger...Than Previously Known"   We can’t let a Big Lie believer like Hice become Secretary of State in Georgia. If he wins, he’ll sabotage the 2024 election. How do we know? Because HE’S TRIED BEFORE. Jody Hice has been called “one of the nation’s preeminent election deniers.” And he’s running to oversee elections in Georgia. Hice voted to overturn the 2020 election results in Georgia simply because he didn’t agree with the choice voters made. Now, breaking news shows that Jody Hice was involved in a secret meeting plotting to overturn the election results – and even considered asking Vice President Pence to REJECT Georgia’s presidential electors. This is disqualifying for someone who wants to run elections. If Jody Hice becomes the next Georgia Secretary of State, he’ll have the power to not just double down on the GOP’s brutal voter suppression, but to actually rig election rules for the GOP and potentially even reject the results of a democratic election! So, it’s clear – we cannot let a conspiracy theorist like Jody Hice control elections in Georgia. Can you please rush a donation to help us win this key race?   RUSH A DONATION Thank you for taking the time to read this update, -GA Dems

Paid for by the Democratic Party of Georgia. Not authorized by any candidate or candidate's committee. www.georgiademocrat.org   Democratic Party of Georgia P.O. BOX 89202 Atlanta, GA 30312 United States