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Judge’s Charges Toss Hints at Willis Disqualification Ruling: Legal Experts

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Fulton County, Georgia Superior Court Judge Scott McAfee’s tossing of several “minor charges” against Donald Trump and some of his co-defendants on Wednesday may be a good indication of how he will rule in the Trump team’s efforts to disqualify the District Attorney prosecuting the sweeping election interference and conspiracy case, Fani Willis, according to several legal experts.

Willis is under scrutiny over her “personal relationship” with one of the special prosecutors she hired to work on the investigation and indictment of Trump and his 18 co-defendants. Trump and some of his co-defendants have alleged a conflict of interest exists.

Judge McAffee is expected to hand down his ruling on the disqualification motion this week.

The six charges McAffee tossed on Wednesday “relate to alleged efforts by Trump and others to solicit violations of oaths of office from state officials like Brad Raffensperger and former GA House Speaker David Ralston,” Lawfare’s Anna Bower reports.

CNN legal analyst Norm Eisen writes, “in somewhat of an indication that Judge McAfee will NOT disqualify Willis, he’s refusing to throw out key elements of the RICO charge although he is tossing a few of the later counts against a few of the defendants for lack of specificity.”

READ MORE: Democrats’ Drive to Kill Speaker Johnson’s Ukraine Aid Blockade Nearing Critical Mass

Eisen, a former U.S. Ambassador who is also the co-founder of the States United Democracy Center explains:

“If he were gonna disqualify Willis, he likely would not have bothered to wrap up this very detailed order, since he’s busy and disqualification will effectively freeze the case for a while.”

“But that is only a mild indication, not a strong one,” Eisen cautions. “He could be thinking something different. That being said, it tends to reinforce my strong view of the applicable law and the evidence that disqualification does not apply.”

NPR’s Stephen Fowler appears to concur: “Also reading between the lines some, this order could be a sign that McAfee is not inclined to disqualify Willis and the Fulton DA’s office from the Trump RICO case, a decision is expected to come soon.”

Attorney Adam Cohen, Vice Chair of Lawyers for Good Government also says, “it looks like he will not disqualify Fani Willis.”

But former U.S. Attorney Harry Litman, a frequent MSNBC legal commentator, says McAfee tossing the charges is not a harbinger of his upcoming ruling on the motion to disqualify Willis.

“It’s hard to see any tea leaves to read in McAfee’s order dismissing the 6 counts about his disposition of the Willis disqualification motion, which he has indicated will be coming soon. But it could add to the public sense that the good ship Willis is taking on water.”

On the tossing of the charges, former federal prosecutor Renato Mariotti notes, “Fani Willis and her team could reindict and add those counts right back into the indictment.” Others agree, saying a grand jury could be called and the charges could be redrafted to meet Judge McAfee’s standards.

READ MORE: ‘Incomprehensible’: Trump Decimated for ‘Word Salad on Crucially Important Policy Question’ 

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‘Rejection of Trump’: 1 in 5 Indiana GOP Voters Just Cast Their Ballot for Nikki Haley

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Nikki Haley dropped out of the 2024 presidential race exactly two months ago, and yet on Tuesday 128,000 Indiana GOP primary voters cast their ballot for the former Trump UN Ambassador instead of the presumptive Republican nominee.

“Unexpected warning signs for Trump in busy Indiana primary,” reports Politico, which notes, “Nikki Haley’s performance in the already concluded presidential race could be a sign of trouble for Trump in more competitive states.”

Haley, also a former South Carolina governor, was consistently getting double-digit percentages of the GOP primary vote before she dropped out of the race, even in red states. (All vote totals and percentages are from the Associated Press via Google and are current as of time of publication.)

In Alabama, Haley took 13%. In Oklahoma, 15.9%. In Texas, 17.4%. Tennessee, 19.5%.

READ MORE: ‘This Isn’t Justice’: Legal Experts Blast Cannon for Postponing Trump Case Indefinitely

But after Haley dropped out, effectively handing Trump the nomination, Republican primary voters continued to vote for her, and continued to vote for her almost always in double-digit percentages.

In Arizona, Haley won 17.8% of the primary vote. In Georgia, 13.2%. In Kansas, 16.1%.

And last night in Indiana, Haley took 21.7% of the vote.

It’s not just solidly “red” states.

In New Hampshire, Haley won a whopping 43.2% 0f the GOP primary vote.

Tuesday night as the Indiana results were still coming in but pretty much solidified, David Nir, publisher of Daily Kos Elections, asked, “Is Nikki Haley getting *more* popular? Right now, she’s at 21.6% in Indiana with more than 70% reporting. If it holds, that would be her best showing since dropping out after Super Tuesday.”

Sarah Longwell, publisher of The Bulwark, replied, “No. It doesn’t have much at all to do with Nikki Haley. It’s that the broadest coalition in American politics is the anti-Trump coalition.”

READ MORE: Johnson Demands All Trump Prosecutions Cease, Vows to Use Congress ‘In Every Possible Way’

Amanda Carpenter, a Republican political commentator who once worked for far-right GOP lawmakers including Senators Ted Cruz and Jim DeMint, agrees with the anti-Trump theory.

“It’s almost as if…more and more Republicans, each day, are rejecting Trump. Perhaps these [Indiana] voters heard what their former congressman and Governor and later Vice President Mike Pence had to say about the president he served?” she wrote. “In all seriousness though, this is not a Nikki Haley movement showing up in double digits in multiple states. It’s anti-Trump GOP voters. Can you hear them yet? This is real.”

The New York Times last month took a look at what is called the “zombie vote,” votes for candidates who have already dropped out.

According to the Times, the “zombie vote in this year’s Republican primary has actually been low by historical standards. In Democratic and Republican primaries going back to 2000, roughly a quarter of voters picked a candidate other than the eventual nominee even after all the other serious contenders had exited the race.”

READ MORE: Trump Threatens to Violate Gag Order and Go to Jail: ‘I’ll Do That Sacrifice Any Day’

“For Mr. Trump,” the Times adds, “what matters is how many of Ms. Haley’s primary voters will rally behind him come November. Polls have shown that her supporters are likely to say they will vote for Mr. Biden. Even so, those same polls often find that many of those voters already supported Mr. Biden in 2020.”

The Nation’s John Nichols last month pointed to just that, after the Pennsylvania primary:

“Haley is not campaigning, but she just won almost 158,000 GOP primary votes in the critical state of Pennsylvania. Democrats think they can swing many of them to Biden.”

Late Tuesday night, pointing to Haley taking more than a third of the vote in some Indiana counties, Nichols concluded, “These numbers continue a pattern of rejection of Donald Trump by precisely the Republicans and Republican-leaning independents he needs in November.”

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‘This Isn’t Justice’: Legal Experts Blast Cannon for Postponing Trump Case Indefinitely

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U.S. District Judge Aileen Cannon late Tuesday afternoon issued an indefinite postponement of the court date in Special Counsel Jack Smith’s prosecution of Donald Trump on Espionage Act charges, in the indictment commonly referred to as the classified documents case.

Claiming it would be “imprudent and inconsistent with the Court’s duty to fully and fairly consider the various pending pre-trial motions before the Court,” along with other matters, Judge Cannon, a Trump appointee, wrote: “the Court finds that the ends of justice served by this continuance…outweigh the best interest of the public and Defendants in a speedy trial.”

Politico’s Kyle Cheney reports, “It may be months before we know the new schedule.” Trial had been slated to begin May 20.

“With 13 days before her trial was supposed to kick off, Judge Cannon finally says what has been obvious to every legal journalist I know: She’s not just canceling the existing trial date; she’s also not picking a replacement,” MSNBC legal correspondent Lisa Rubin reports.

READ MORE: Johnson Demands All Trump Prosecutions Cease, Vows to Use Congress ‘In Every Possible Way’

The 37 count indictment was brought after Trump removed well over 1000 items, including hundreds of classified documents, out of the White House, retained then refused to return them, allegedly violating several statutes under the Espionage Act.

“Trump mishandled classified documents that included information about the secretive U.S. nuclear program and potential domestic vulnerabilities in the event of an attack,” according t0 the federal indictment, Reuters reported last year.

The trial now is not expected to conclude before the November presidential election this year.

This is news but it’s hardly unexpected,” declared professor of law, former U.S. Attorney, and MSNBC contributor Joyce Vance wrote. “Judge Cannon seems desperate to avoid trying this case. This isn’t justice. defendants aren’t the only ones with speedy trial act rights, we the people have them too.”

“After the election,” professor of law and former chief White House ethics lawyer Richard Painter commented, “if Trump wins Jack Smith gets fired, the case gets dismissed, and Judge Cannon is ready for SCOTUS.”

READ MORE: Trump Threatens to Violate Gag Order and Go to Jail: ‘I’ll Do That Sacrifice Any Day’

Attorney and author Luppe B. Luppen noted, “Judge Cannon’s rationale for indefinitely postponing Trump’s classified documents trial is that a large number of pretrial motions remain unresolved—a state of affairs she has literally engineered by failing to resolve them.”

Professor of law and noted election law expert Rick Hasen asked: “Is it too cynical to believe that Judge Cannon timed the announcement of the postponement of a Trump classified documents trial to take away from the salacious sex details from Stormy Daniels’ testimony today?”

National security attorney Brad Moss served up a “silver lining to Cannon not setting a new trial date: she isn’t blocking the DC or Georgia election cases from resuming in the late summer/early fall, pending SCOTUS ruling on immunity.”

Foreign policy, national security, and political affairs analyst David Rothkopf added, “Justice delayed is justice denied. Both the defendant and the public have the right to a trial ‘without unnecessary delay.’ (Sixth Amendment.) When does Jack Smith seek a remedy for the problem Judge Cannon clearly represents? Tick freaking tock.”

READ MORE: Judge Hands Trump ‘Incarceration’ Threat as Experts Say Next Time He’ll Toss Him in Jail

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Trump Battled to Go to Son’s Graduation – So Why Is He Speaking at a Fundraiser That Day?

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Last month Donald Trump falsely told reporters Justice Juan Merchan had blocked him from attending his youngest son’s high school graduation, refusing to give him the day off from his required attendance at his New York criminal court case.

Justice Merchan had actually told Trump he would take the request under advisement, but Trump quickly ran to reporters painting the judge as heartless.

On April 15 Trump said, “it looks like the judge will not let me go to the graduation of my son who’s worked very, very hard and he is a great student.”

“It looks like the judge isn’t going to allow me to escape this scam. It’s a scam trial,” Trump alleged.

The Associated Press reported, “Trump then furthered his criticism of the judge on his Truth Social platform, writing in one post both that he ‘will likely not be allowed to attend’ and that ‘the Judge, Juan Merchan, is preventing me from proudly attending my son’s Graduation.’ He wrote in another post less than two hours later that he is ‘being prohibited from attending.'”

READ MORE: Johnson Demands All Trump Prosecutions Cease, Vows to Use Congress ‘In Every Possible Way’

None of that was accurate.

Last week Judge Merchan granted Trump the day off from court to attend his son’s high school graduation.

But The Lincoln Project and others on Tuesday posted the announcement for “Minnesota’s 2024 Lincoln Reagan Dinner With Special Guest DONALD J. TRUMP” on Friday, May 17, 2024.

Trump, as The New Republic notes, will be the headline speaker at the event in Saint Paul, Minnesota, which starts at 5:00 PM.

The fundraiser offers supporters the opportunity to spend $100,000, which grants them “10 VIP Dinner Seats | 10 VIP Reception Passes | 3 Photo Opportunities with President Trump.”

Or, for example, for $50,000, a supporter can get a “Chairman’s Host Table – 10 VIP Dinner Seats | 10 VIP Reception Passes | 1 Photo Opportunity with President Trump.”

KARE reports “the visit is expected to be the former president’s first trip to Minnesota of the 2024 election cycle.”

READ MORE: ‘I’m Not Talking About That Meeting’: Noem Implies She May Have Met With Kim Jong Un

Trump has strong motivation to head to Minnesota.

Over the weekend, as NBC News reports, “Top officials for former President Donald Trump’s campaign believe they can flip Democratic strongholds Minnesota and Virginia into his column in November, they told donors behind closed doors at a Republican National Committee retreat Saturday.”

Barron Trump’s graduation from Oxbridge Academy in Palm Beach, Florida reportedly will be the same day, May 17. Depending on timing, It’s possible Trump could fly from Florida to Minnesota to get to the fundraiser by 5 PM.

Watch Trump’s remarks from April 15 below or at this link.

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