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Georgia court will hear Trump's case to disqualify Fani Willis one month after presidential election

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Georgia court will hear Trump's case to disqualify Fani Willis one month after presidential election

The Georgia Court of Appeals will hear former President Trump’s case to have District Attorney Fani Willis disqualified on Dec. 5 — a month after the 2024 presidential election. 

The Georgia court will hear the appeal by Trump and his co-defendants to have embattled Willis disqualified from the case due to an alleged “improper” affair with former special prosecutor Nathan Wade.

Last month, lawyers for Trump filed the opening brief in their appeal of a court order in hopes of disqualifying Wills from the sweeping electioneering case against him in Georgia. 

“The brief persuasively argues that the trial court should have dismissed the case and disqualified DA Willis for her forensic misconduct and the appearance of impropriety between her and former Special Assistant DA Wade, who was her lover and taxpayer-funded financial benefactor,” Steve Sadow, lead attorney for Trump, said in a statement. 

FANI WILLIS FACES NOTHING BUT SETBACKS IN CASE AGAINST TRUMP, THE LATEST PENDING WITH SUPREME COURT

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Fulton County District Attorney Fani Willis arrives to speak after winning the Democratic primary on Tuesday, May 21, 2024, in Buckhead, Ga.  (AP Photo/Brynn Anderson)

“We are optimistic that the Court will favorably decide the appeal in our favor.”

“Should a prosecutor be disqualified for intentionally and repeatedly violating ethical and professional canons to prejudice defendants for personal or political gain? Yes,” the brief argues.  

“Is disqualification necessary when a prosecutor testifies falsely, conceals misconduct, and creates ‘an odor of mendacity’ that results in a ‘significant appearance of impropriety?’ Undoubtedly so. If this prosecutor deflects attention from her misconduct by claiming on national television that the defendants are dishonest racists for bringing the truthful accusations to light, could anyone have confidence in the impartiality of the prosecutor’s actions? Absolutely not,” it states.

The appeals court paused activity in the case against Trump, all but eliminating any opportunity for Willis to try the former president before the Nov. 5 presidential election. 

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TRUMP’S APPEAL TO DISQUALIFY FANI WILLIS FROM GA CASE GETS OCTOBER HEARING DATE

Fani Willis celebrates

Fulton County District Attorney Fani Willis celebrates after winning the Democratic primary on Tuesday, May 21, 2024, in Buckhead, Ga.  (AP Photo/Brynn Anderson)

Willis filed a motion to dismiss that appeal earlier this month, saying the lower court found there was no sufficient evidence to support their claims that Willis has a conflict of interest, and says that there is “no basis” to appeal Fulton Superior Court Judge Scott McAfee’s March ruling allowing Willis to stay on the case.

Trump’s lawyer called the motion a “last ditch effort to stop any appellate review of [her] misconduct.”

Trump was indicted in August along with 18 co-defendants stemming from the yearslong criminal investigation led by Willis and state prosecutors in Georgia into his alleged efforts to overturn the 2020 presidential election in the state.

The charges include violating the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act; solicitation of violation of oath by a public officer; conspiracy to commit impersonating a public officer; conspiracy to commit forgery in the first degree; conspiracy to commit false statements and writings; conspiracy to commit filing false documents; conspiracy to commit forgery in the first degree; and filing false documents.

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REP JORDAN URGES CONGRESS TO ‘DEFUND LAWFARE ACTIVITIES’ OF TRUMP PROSECUTORS

Nathan Wade

Former Special prosecutor Nathan Wade arrives before Fulton County District Attorney Fani Willis speaks after winning the Democratic primary on Tuesday, May 21, 2024, in Buckhead, Ga. (AP Photo/Brynn Anderson)

Since then, Willis has struggled to avoid roadblocks in her efforts to try Trump, the GOP presidential nominee, before the election.

McAfee in March dismissed six of the charges and said the state failed to allege sufficient detail for six counts of “solicitation of violation of oath by public officer.” 

In February, Michael Roman, a GOP operative and co-defendant in the case, dropped bombshell accusations that Willis had an “improper” affair with Wade, whom she hired to help prosecute the case in November 2021. 

Other co-defendants made similar allegations, and said she financially benefited from her relationship with him by taking lavish vacations together. 

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Both Wade and Willis denied they were in a romantic relationship prior to his hiring and said the couple would split the costs of their shared travels; Willis said she reimbursed Wade for her share of the trips in cash.

After evidentiary hearings held in February, McAfee ordered that Wade had to be removed in order to keep Willis from disqualification in the Trump election interference case.

“[T]he established record now highlights a significant appearance of impropriety that infects the current structure of the prosecution team – an appearance that must be removed through the State’s selection of one of two options,” he wrote, adding that Willis and her whole office can choose to step aside, or Wade can withdraw from the case.

Wade subsequently resigned from his post as special prosecutor.

In his March order, McAfee said while Willis’ “reimbursement practice” was “unusual and the lack of any documentary corroboration understandably concerning,” he ultimately decided that the defendants did not present “sufficient evidence” that expenses weren’t “roughly divided evenly.” 

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He also said, “the evidence demonstrated that the financial gain flowing from her relationship with Wade was not a motivating factor on the part of the District Attorney to indict and prosecute this case.”

“[T]he Court finds that the record made at the evidentiary hearing established that the District Attorney’s prosecution is encumbered by an appearance of impropriety,” McAfee wrote in his order.

GEORGIA PROSECUTOR FANI WILLIS APPEALS AFTER JUDGE DROPS MULTIPLE TRUMP CHARGES

“As the case moves forward, reasonable members of the public could easily be left to wonder whether the financial exchanges have continued resulting in some form of benefit to the District Attorney, or even whether the romantic relationship has resumed.”

“Put differently, an outsider could reasonably think that the District Attorney is not exercising her independent professional judgment totally free of any compromising influences. As long as Wade remains on the case, this unnecessary perception will persist,” he said.

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When the defense in March submitted a joint motion for a Certificate of Immediate Review, McAfee said his Order on the Defendants’ Motions to Dismiss and Disqualify the Fulton County District Attorney issued March 15 “is of such importance to the case that immediate review should be had” and allowed the defendants to ask the Georgia appeals court for an opportunity to appeal, which the court granted last month.

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Lawsuit over Tennessee law that puts limits on drag shows dismissed by federal court in win for Republicans

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Lawsuit over Tennessee law that puts limits on drag shows dismissed by federal court in win for Republicans

In a win for Tennessee’s Republican-led legislature, a federal appeals court on Thursday dismissed a lawsuit brought by an LGBTQ group that challenged a state law restricting drag shows considered “harmful to minors.”

Friends of George’s, a Memphis-based theater that does “drag-centric performances,” sued over the law last year, claiming it would hurt its business because it has no age restrictions. 

The 6th U.S. Circuit Court of Appeals on Thursday ruled that Friends of George’s didn’t have legal standing to sue over the law because it wasn’t at risk of violating the law, finding its shows weren’t “harmful to minors.”

The ruling reverses a lower court decision that called the law unconstitutional after the group sued, temporarily blocking its enforcement in Memphis’ Shelby County. The lower court had called the law “substantially overbroad” and said it encouraged “discriminatory enforcement.” 

SUPREME COURT DENIES DESANTIS IN LEGAL BATTLE OVER DRAG QUEEN BAN

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In a win for Tennessee’s Republican-led legislature, a federal appeals court on Thursday dismissed a lawsuit brought by an LGBTQ group that challenged a state law restricting drag shows that are “harmful to minors.” (Patrick Lantrip/Daily Memphian via AP, File)

With the support of Republican Gov. Bill Lee, the first-of-its-kind law was passed by the state legislature last year but has faced legal hurdles since then. 

“Harmful to minors” has been defined by the Tennessee Supreme Court as shows that lack “serious literary, artistic, political, or scientific value for a reasonable 17-year-old minor.”

WeHo Pride Parade

People participate at the inaugural WeHo Pride Parade in West Hollywood, Calif. (AP)

In its ruling Thursday, the appeals court said Friends of George’s “has not alleged that its performances lack serious value for a 17-year-old. In fact, it insists the exact opposite. Its own witness, a member of FOG’s board, conceded that its shows ‘are definitely appropriate’ for a 15-year-old and would ‘absolutely’ have artistic value for a 17-year-old.” 

DRAG PERFORMER SPEAKS OUT AGAINST ALLOWING KIDS TO ATTEND DRAG SHOWS: ‘THIS IS AN ADULT VENUE’

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But state Rep. Aftyn Behn, a Democrat, claimed Thursday’s ruling was a “misguided attack on the LGBTQ+ community.”

Tennessee capitol

With the support of Republican Gov. Bill Lee, the first-of-its-kind law was passed in the state legislature last year but has faced legal hurdles since.  (Jon Cherry/Getty Images)

“This isn’t about protecting kids; it’s about spreading fear and division,” she said. “It’s ironic that those who claim to support small government are the first to impose it on our personal freedoms.”

Friends of George’s told Fox News Digital they were “shocked and disappointed” by the decision.

“Instead of addressing the constitutionality of Tennessee’s drag ban, this ruling has left us and thousands of others in the LGBTQ+ community dangerously in limbo, with no clear answers as to how this ban will be enforced and by whom,” the group said. “The only thing that is clear about this law is that it’s firmly rooted in hate and defies the will of the majority of Tennesseans. Friend’s of George’s will continue to fight this bigoted anti-trans law in the courts, as we rehearse for our next theatrical production, slated to open on August 2nd. To comply with the recently reinstated ban, this production will be strictly for audiences ages 18 and over.”

Tennessee Attorney General Jonathan Skrmetti argued, however, the law was “constitutionally sound.”

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“As a state overflowing with world-class artists and musicians, Tennessee respects the right to free expression,” he said in a statement. “But as the court noted, Tennessee’s ‘harmful to minors’ standard is constitutionally sound, and Tennessee can absolutely prohibit the exhibition of obscene material to children.”

The Associated Press contributed to this report. 

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Exclusive: Country star Brian Kelley to release 'Make America Great Again' song: 'I'm a proud American'

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Exclusive: Country star Brian Kelley to release 'Make America Great Again' song: 'I'm a proud American'

EXCLUSIVE: Country music star Brian Kelley performed at the 2024 Republican National Convention on the third day of the political event in Milwaukee and later teased fans via social media with the release date of his new song, “Make America Great Again.”

The self-written single will be released to fans next Friday.

On Wednesday, Kelley took to the RNC’s main stage and performed his song “American Spirit,” which debuted to fans in 2022.

COUNTRY SINGER BRIAN KELLEY ‘SO GRATEFUL’ TO AMERICAN HEROES WHO FOUGHT TO ‘PROTECT OUR FREEDOMS’

Country singer Brian Kelley is releasing a single, “Make America Great Again,” to fans next week. (Chip Somodevilla/Getty Images)

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“I got a call and asked if I was interested, and I said, ‘Absolutely, I’m available,’” Kelley told Fox News Digital in a video interview. He said he learned he would perform around the time Gold Star Families paid tribute to their fallen loved ones.

“I just felt like it was a great opportunity to go support my country,” Kelley said. “I think it was one of the best moments I’ve ever had in my career.”

Kelley performed opposite the Holy Redeemer Institutional Church of God In Christ Choir, and UNC fraternity brothers stood tall while carrying Old Glory in front of the stage.

The “See You Next Summer” singer said the performance is something he will remember for the rest of his life and that his parents expressed pride and assurance about his choice to entertain the political crowd.

“The atmosphere was electric,” he said of the crowd. “You could feel the love. You could feel the support, and it felt like a family.”

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Brian Kelley at RNC 2024

Brian Kelley, a country musician, performed at the 2024 RNC. (Chip Somodevilla/Getty Images)

5 BIGGEST MOMENTS FROM TRUMP’S SPEECH TO RNC

While Kelley said he didn’t have the opportunity to cross paths with former President Trump, who officially accepted the GOP nomination for president Thursday night, he is looking forward to shaking his hand soon.

“I can’t imagine what he’s been through,” Kelley said of “45.”

On Saturday, the former president was speaking at a campaign rally in Butler, Pennsylvania, when a lone gunman opened fire and struck Trump in the ear in an attempt to assassinate the GOP nominee.

“I was just disgusted,” Kelley said of finding out about the shooting. “It’s sad that that happened here in America.”

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Kelley’s message to Americans is that no matter what political side you are affiliated with, there is no room for violence. 

COUNTRY SINGER FOCUSED ON FAMILY, GOD

“I wrote ‘Make America Great Again’ a week before the assassination attempt,” Kelley said. “It was a no-brainer that I had to put it out.”

The singer-songwriter said he spent two or three days cultivating patriotic lyrics. Kelley hopes the single will be an American anthem for those looking to uncover their own voice. He added that the song was easy to write becaue he drew from his own feelings and frustrations about the state of the world.

“I just felt it in my heart, felt it in my gut, that, you know, I’m gonna take a stand, and I’m gonna put this song out,” Kelley said. “I’m really proud of it. At the end of the day, I’m a concerned real American.”

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Kelley, a Florida native, said he was raised by his parents to express his beliefs, never waver and refuse to back down. He said he is staying true to those values and using his creative interests to vocalize his support for Trump.

“Maybe, at the end of the day, maybe this song can win some undecided people over,” Kelley said. “Maybe those that don’t even agree with what I’m saying can understand that I have a backbone and that I’m standing on ground in which I believe and there’s nothing more authentic than that.

“I’m a proud American, and I think we can Make America Great Again.”

Kelley is expecting backlash but is unbothered by that prospect.

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“I’m concerned with giving a voice to those that need it and that are looking for it,” Kelley concluded.

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Florida toddler with autism found dead at resort after possible drowning: police

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Florida toddler with autism found dead at resort after possible drowning: police

A missing three-year-old with autism was discovered deceased in a body of water at a Florida resort Thursday.

Rakim Akbari was reported missing earlier the same day after having wandered away from his family while visiting the Sheraton Vistana Village in Orlando, according to a statement by the Orange County Sheriff’s Office.

PENNSYLVANIA PARENTS VACATIONING WITH CHILDREN IN FLORIDA DROWN AFTER GETTING CAUGHT IN RIP CURRENT

It is unclear whether the child was discovered in one of the resort’s swimming pools or in a man-made lake on the property.

“It is with heavy hearts that we must share that our deputies have found Rakim Akbari deceased in a body of water at the resort where he was reported missing this morning,” stated the Orange County Sheriff’s Office.

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Sheraton Vistana Villages Resort Villas, man-made lake in the evening.  (Jeffrey Greenberg/Universal Images Group via Getty Images)

The statement added, “We are grieving his loss, and our prayers are with his family.”

FLORIDA MOM ALLEGEDLY ATTEMPTS TO DROWN ‘POSSESSED, DEVIL TODDLER’ FOR KNOCKING OVER PLANT: REPORT

Police reported Rakim as a missing person as soon as he went missing Thursday with a graphic alongside his photograph.

“Rakim, who also goes by ‘Tuda,’ has autism, and there is extreme concern for his well-being. He was wearing white pajama pants and a maroon shirt when he was last seen this morning,” reads an earlier statement by the Orange County Sheriff’s Office.

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A photo of Rakim Akbari alongside descriptive details provided by the Orange County Sheriff's Office

Rakim, who went by ‘Tuda,’ was reported missing early Thursday morning by police. (Orange County Sheriff’s Office)

“Please help us get the word out about this missing 3-year-old boy. Rakim Akbari wandered away from a resort in the 8800 block of Palm Village Circle this morning (7/18).”

Police have not yet confirmed the cause of the child’s death.

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According to the Orange County Sheriff’s Office, “detectives are still looking into how this tragedy occurred.”

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