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U.S. Supreme Court immunity ruling likely further delays Fulton racketeering case • Georgia Recorder

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U.S. Supreme Court immunity ruling likely further delays Fulton racketeering case • Georgia Recorder


A U.S. Supreme Court decision Monday establishing a legal standard for presidential immunity could further slow down Georgia’s 2020 presidential election interference case, several legal experts predict.

The nation’s highest court ruling Monday shields U.S. presidents from criminal prosecution while engaging in “official” conduct related to their “core constitutional” presidential acts and removes immunity if the conduct is unrelated to their “unofficial” responsibilities. The ruling is in response to a federal election interference case brought by the U.S. Department of Justice against Trump, who is accused of allegedly plotting to overturn the results of the 2020 presidential election.

According to the majority opinion written by Chief Justice John Roberts, Trump’s claim of blanket presidential immunity was rejected and a legal test was established as to what type of presidential conduct is protected under the U.S. Constitution.

Several other pending criminal cases against Trump will be affected by Monday’s ruling, including a case in Fulton County Superior Court where Trump and 14 co-defendants are accused of committing felonies while conspiring to rig the 2020 presidential election.

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The Supreme Court decision is another blow to the already minimal chances of jury selection in the Fulton election interference case beginning prior to the Nov. 5 presidential election. The fight over immunity is expected to draw out the case into 2025, with multiple court motions and appeals taking place, according to Anthony Michael Kreis, a law professor at Georgia State University.

The Supreme Court ruling doesn’t directly impact Trump’s co-defendants in Georgia, which include several members of Trump’s inner circle, former Trump attorneys, and other Republican allies. Four of his indicted co-defendants pleaded guilty last year reached agreements with prosecutors that will let them avoid jail time if they cooperate as state witnesses.

Legal experts say two of the eight the acts detailed in DOJ indictment could be significantly impacted by the Supreme Court’s decision.

Kreis also said it’s likely that several of the key Trump’s interactions listed in the Fulton indictment, including a post-election phone call with Georgia Secretary of State Brad Raffensperger, will be considered outside the scope of presidential authority.

“The Supreme Court’s decision on presidential immunity makes state prosecutions of presidents for unlawful acts to subvert a presidential election even more important now because the evidence from state prosecutions will be focused on extra-federal executive conduct,” Kreis wrote on X Monday.

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The way in which the Supreme Court’s immunity ruling is applied in the Justice Department’s Washington D.C. election interference case could serve as a template for the Fulton County case, according to legal experts.

Fulton Superior Court Judge Scott McAfee will have to determine whether Trump’s interactions with federal and state officials are protected from criminal prosecution as official presidential duties.

In both the DOJ and Fulton cases, Trump is accused of illegally pressuring Raffensperger in January 2021 to overturn Georgia’s election results and of obstructing the certification of the election by arranging for a false slate of Republican electors to meet in December 2020 to vote for Trump.

Previous federal court rulings in Georgia can give some guidance as U.S. District Court Judge Tanya Chutkan holds hearings to determine how immunity will be applied in Trump’s D.OJ. case, according to CNN analyst Norm Eisen, who served as legal counsel in the first impeachment trial of Trump.

Last year, Atlanta-based federal Judge Steve Jones rejected requests from Fulton co-defendants, former White House Chief of Staff Mark Meadows and former Justice Department official Jeffrey Clark, who wanted their case moved to federal court under claims they were acting in their official roles as federal officers.

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Jones ruled Clark and Meadows’ criminal charges weren’t related to their federal jobs, including Meadows’ role in setting up the infamous Trump recorded phone call with Georgia’s election chief several weeks after the 2020 election.

“The issues at play in the Georgia removal proceedings are strikingly similar to the ones Chutkan will be forced to consider with respect to Trump,” Eisen wrote Monday’s opinion column published by CNN. “The Supreme Court has explicitly directed Chutkan to determine whether Trump’s interactions with state officials and private parties were official and left open the door for her to hold hearings over allegations that involved Pence, too.”

”Chutkan can give both parties the opportunity to develop facts supporting their competing positions and then make her ruling on immunity, ensuring that Trump continues to receive due process throughout,“ Eisen said.

The Fulton case is on hold while the Georgia Court of Appeals reviews McAfee’s decision to reject defense attorneys’ arguments that Fulton County District Attorney Fani Willis should be removed from the case because her romantic relationship with special prosecutor Nathan Wade constituted prosecutorial misconduct. Willis hired Wade to lead the probe in November 2021 and she contends the relationship started after they started working on the case.

In August, a Fulton County grand jury indicted Trump and 18 others for allegedly conspiring to overturn the 2020 Georgia presidential election results. President Joe Biden’s win was confirmed by multiple recounts and audits, and all court challenges to the result were unsuccessful.

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Georgia

Georgia man sentenced for assaulting law enforcement during Jan. 6 Capitol breach

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Georgia man sentenced for assaulting law enforcement during Jan. 6 Capitol breach


ATLANTA, Ga. (Atlanta News First) – A Georgia man has been sentenced for assaulting law enforcement officers during the Jan. 6 breach of the U.S. Capitol, according to the U.S. Department of Justice.

Michael Bradley, 50, of Forsyth, was sentenced to 60 months in prison, three years of supervised release, and ordered to pay a $2,000 fine, authorities said.

Bradley was previously found guilty of multiple offenses, including civil disorder, assaulting, resisting or impeding officers, engaging in physical violence in a restricted building or grounds with a deadly or dangerous weapon and other charges.

Back in January of 2021, Bradley made his way toward the U.S. Capitol’s Lower West Terrace Tunnel carrying a baton in a hip holster, the Justice Department said.

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According to the DOJ, Bradley raised his baton and approached officers, but he was sprayed with a chemical agent, which caused him to retreat temporarily.

Video evidence shows Bradley later returning to the tunnel and swinging his baton at the officers at least twice in an attempt to hit them.

Bradley then moved to the side of the tunnel and left the Lower West Terrace a few minutes later, the DOJ says.

The FBI arrested Bradley on Sept. 7, 2023 in Forsyth.

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Georgia's Outgoing President Urges EU to Use More Leverage to Back Protesters

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Georgia's Outgoing President Urges EU to Use More Leverage to Back Protesters


BRUSSELS (AP) — Georgia’s outgoing president on Wednesday appealed to the European Union to press her country’s pro-Russia government to hold a new election amid a police crackdown on peaceful opposition protesters. Tens of thousands of people have filled the streets regularly in recent weeks since …



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Georgia man sentenced to five years for assaulting officers in Capitol Riot

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Georgia man sentenced to five years for assaulting officers in Capitol Riot


A Georgia man was sentenced Tuesday to five years in prison for assaulting law enforcement officers and other offenses committed during the Jan. 6, 2021, breach of the U.S. Capitol. 

Michael Bradley, 50, of Forsyth, was convicted of multiple felony and misdemeanor charges for his role in disrupting a joint session of Congress that was convened to certify the 2020 presidential election results.

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U.S. District Judge Reggie B. Walton sentenced Bradley to 60 months in prison, three years of supervised release, and a $2,000 fine. Bradley was found guilty of civil disorder; assaulting, resisting, or impeding officers; entering and remaining in a restricted building with a deadly weapon; disorderly and disruptive conduct with a deadly weapon; and engaging in physical violence with a deadly weapon.

Events on Jan. 6, 2021

Court documents and trial evidence revealed that Bradley joined rioters at the Capitol’s Lower West Terrace Tunnel, a hotspot for violent clashes with law enforcement. Between 4 p.m. and 4:30 p.m., Bradley was seen carrying a baton in a holster on his hip as he approached the tunnel.

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At approximately 4:27 p.m., Bradley raised the baton and moved toward officers in an apparent attempt to strike. Officers used a chemical spray to repel him, prompting his temporary retreat. Moments later, Bradley returned to the tunnel and swung his baton at officers at least twice before leaving the area.

CCTV and third-party video captured Bradley’s actions, which prosecutors described as part of a larger violent effort by rioters to overwhelm police and disrupt congressional proceedings.

Michael Bradley’s arrest and prosecution

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Bradley was arrested by FBI agents on Sept. 7, 2023, in Forsyth. He had been identified as suspect No. 154 in the FBI’s “Be on the Lookout” (BOLO) campaign, which sought public assistance in identifying individuals involved in the Capitol attack.

Since the Capitol breach, more than 1,572 individuals across nearly all 50 states have been charged with crimes related to the attack, including over 590 accused of assaulting or impeding law enforcement, according to the Justice Department. The investigation remains ongoing.

The FBI continues to seek information on unidentified suspects. Tips can be submitted at 1-800-CALL-FBI (800-225-5324) or tips.fbi.gov.

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The Source: All information and images in this article was provided by the U.S. Department of Justice. This story is being reported out of Atlanta.

Capitol RiotNewsCrime and Public SafetyWashington, D.C.Georgia



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