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Trump demands Fani Willis' disqualification over 'misconduct' in opening brief to appeals court

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Trump demands Fani Willis' disqualification over 'misconduct' in opening brief to appeals court

Lawyers for former President Trump have filed the opening brief in their appeal of a court order in hopes of disqualifying District Attorney Fani Willis 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. 

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

The Georgia Court of Appeals agreed to hear arguments on Oct. 4 in the appeal by Trump and his co-defendants to have embattled Willis disqualified from the case due to an “improper” affair with former special prosecutor Nathan Wade.

FANI WILLIS’ EX-STAFFER TESTIFIES SHE WAS FIRED AFTER BLOWING WHISTLE ON DA’S SPENDING

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Fulton County District Attorney Fani Willis speaks to the media after winning the Democratic primary on May 21, 2024, in Buckhead, Georgia. (AP Photo/Brynn Anderson)

“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 election in November. 

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

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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 out of 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.

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

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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.” 

Fani Willis

District Attorney Fani Willis during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on March 1, 2024, in Atlanta. (Alex Slitz-Pool/Getty Images)

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. 

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, Judge McAfee ordered that Wade had to be removed in order to keep Willis from disqualification in the Trump election interference case.

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“[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.” 

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.

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GEORGIA PROSECUTOR FANI WILLIS APPEALS AFTER JUDGE DROPS MULTIPLE TRUMP CHARGES

Nathan Wade

Nathan Wade arrives before Fulton County District Attorney Fani Willis speaks after winning the Democratic primary on May 21, 2024, in Buckhead, Georgia. (AP)

“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.

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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On this day in history, September 28, 1781, the Siege of Yorktown begins

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On this day in history, September 28, 1781, the Siege of Yorktown begins

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The Siege of Yorktown, Virginia, the decisive battle in America’s shocking triumph over the mighty British Empire in its War of Independence, began on this day in history, Sept. 28, 1781. 

The siege ended three weeks later, on Oct. 19, with the surrender of the British garrison led by Lord Charles Cornwallis. 

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George Washington’s Continental Army and French allies surrounded the Redcoats by both land and sea. 

“The British surrender forecast the end of British rule in the colonies and the birth of a new nation — the United States of America,” writes the American Battlefield Trust.

ON THIS DAY IN HISTORY, SEPT. 27, 1779, JOHN ADAMS ASSIGNED TO LEAD PEACE TALKS WITH ENGLAND

The United States had won its daring bid for independence on the battlefield five years after it publicly declared it on paper. 

Britain formally recognized American independence almost exactly two years later, with the signing of the Treaty of Paris on Sept. 3, 1783. 

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General George Washington (center) inspects the French battery on the opening day of the siege of Yorktown in October 1781. Lithograph by Zogbaum published in 1881.  (Photo by Interim Archives/Getty Images)

The Americans, aided by French troops under Comte de Rochambeau, set a trap for the outnumbered Redcoats at Yorktown. 

Washington’s American forces enjoyed the leadership of another Frenchman, the remarkable Marquis de Lafayette.

Their 19,000 troops, almost evenly split between the allied nations, surrounded about 9,000 Redcoats on a spit of land where the York River meets Chesapeake Bay.

French warships had sailed into Chesapeake Bay just weeks earlier. 

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ON THIS DAY IN HISTORY, SEPT. 21, 1780, BENEDICT ARNOLD BETRAYS CAUSE OF AMERICAN INDEPENDENCE

Cornwallis had no way to escape and realized his cause was hopeless. He surrendered with relatively little loss of life considered the forces amassed. 

About 800 men were killed or wounded between the combatants, according to the American Battlefield Trust. But the victory for the Americans was overwhelming and decisive.

General George Washington

Illustration of General George Washington directing the retreat of the Continental Army across the East River, from Brooklyn to Manhattan, after their defeat at the hands of British forces during the battle of Long Island, August 29, 1776. Engraving by JC Armytage from a painting by Wageman. (Photo by Interim Archives/Getty Images)

Cornwallis surrendered his entire garrison. 

The American Revolution was over.

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 The United States had won. 

“Washington’s fame grew to international proportions having wrested such an improbable victory.”

The victory required a remarkable bit of logistical and intellectual dexterity by both Washington and Rochambeau. 

ON THIS DAY IN HISTORY, SEPT. 19, 1796, PRESIDENT GEORGE WASHINGTON ISSUES FAREWELL ADDRESS

Just weeks earlier, they were working on a long-intended plan to defeat the British under Gen. Henry Clinton in a decisive battle in New York City. 

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The Redcoats had occupied New York for nearly the entire war after smashing and humiliating Washington’s army in 1776. 

Washington, Rochambeau, Lafayette

Generals Rochambeau (1725-1807) and Washington (1732-1799) give the last orders for attack at the siege of Yorktown. With them is the Marquis de Lafayette (1757-1834). (Photo by Hulton Archive/Getty Images)

“In the spring of 1781, Washington traveled to Rhode Island to meet with Comte de Rochambeau and plan an attack on Clinton,” writes the National Park Service in its history of the Siege of Yorktown. 

“A French fleet was expected to arrive in New York later that summer, and Washington wanted to coordinate the attack with the fleet’s arrival. As planned, Rochambeau’s army marched in July and joined with Washington’s troops outside New York City.”

Just weeks earlier, the American and French were working on a long-intended plan to defeat the British in a decisive battle in New York City. 

It was only then, in July, that they learned the French fleet was instead sailing into Chesapeake Bay. 

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Washington quickly devised a cunning new plan to leverage the long-awaited French naval forces and smash Cornwallis’s forces in Yorktown.

“In order to fool Clinton, Washington had his men build big army camps and huge brick bread ovens visible from New York to give the appearance of preparations for a stay,” reports the National Park Service. 

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“Washington also prepared false papers under his signature discussing plans for an attack on Clinton, and let these papers fall into British hands.” 

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With the subterfuge established, Washington and Rochambeau marched for Yorktown in the middle of August, parading past the Continental Congress in Philadelphia in September before reaching Yorktown and setting siege to Cornwallis. 

“Washington’s fame grew to international proportions having wrested such an improbable victory, interrupting his much-desired Mount Vernon retirement with greater calls to public service,” writes the library of George Washington’s Mount Vernon.

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Abandoned luxury hotel in Florida will reopen after 17 years

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Abandoned luxury hotel in Florida will reopen after 17 years

A highly anticipated luxury hotel is finally reopening in the heart of Palm Beach, Florida, after closing in 2007.

L+R Iconic Luxury Hotels purchased the property, which is situated in a prime location just steps from the coastline, in 2019. The company worked to get the property back to its original glory for three years.

The Palm House opens in November.

TRAVELERS ON TIKTOK ARE MAKING GROCERY STORES THE HOTTEST VACATION ‘DESTINATION’

General Manager Chris Jaycock told Fox News Digital via email the building, constructed in 1961, was always targeted to become a luxury hotel, but plans failed to materialize several times.

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The Palm House will open this November. (Muza Lab)

“The L+R team took it from being an abandoned building and worked with all stakeholders to bring the desire to reality, and it has now been completely transformed, creating a new chapter for this incredible Palm Beach landmark,” said Jaycock.

AMTRAK ANNOUNCES ‘FLORIDIAN’ TRAIN WITH 2-DAY ROUTE, SPARKING REACTIONS ON SOCIAL MEDIA

The property was purchased to give guests the feel of a classic restored home to create a place of “relaxed exclusivity and discretion.”  

palm house in Palm Beach, Florida

The Palm House is opening in a prime location after being abandoned for 17 years. (Muza Lab)

To maintain the building’s timeless character, key architectural features such as the signature coral facade, carved cypress arbors and limestone arches have been preserved.

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“The new design artfully integrates these historic elements while reimagining the iconic pink and green hues of vintage Palm Beach to create a hotel that is fresh, bright, bold and inviting,” said Jaycock. 

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Palm Beach has long been known as a playground for millionaires and billionaires.

palm house in Palm Beach, Florida

To maintain the building’s timeless character, key architectural features, such as the signature coral facade, carved cypress arbors and limestone arches have been preserved. (Muza Lab)

In March, a waterfront home owned by interior designer Victoria Hagan and businessman Michael Berman sold for $60 million in Palm Beach, Fox News Digital reported.

From January to June, the area welcomed 5.19 million visitors, an all-time high compared to the same period from previous years, according to Discover The Palm Beaches, a travel planning resource located in West Palm Beach.

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Francisco Macedo, senior vice president of Iconic Luxury Hotels, told Fox News Digital via email that Florida was a natural choice for the British-based company’s expansion.

palm house in Palm Beach, Florida

Double-occupancy room rates at The Palm House will start at $1,289 during the “peak season” and drop to $499 in the off season. (Muza Labs)

“Renowned for its prestigious reputation and affluent visitors, Palm Beach allows us to introduce this ethos to the U.S. market. With strong demand for Florida during the winter months, Palm Beach is the ideal location,” said Macedo.

Macedo said that, in 2022, over 1 million visitors from the U.K. traveled to Florida, making the U.K. the second-largest source of international visitors to the state.

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Double-occupancy room rates at The Palm House will start at $1,289 during the “peak season” and drop to $499 in the off season.

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2 Georgia police officers shot responding to gun store burglary, suspect dead

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2 Georgia police officers shot responding to gun store burglary, suspect dead

Two Georgia police officers were injured during a shootout with a suspected gun store burglar just after midnight Saturday morning.

Smyrna and Cobb County police responded to a 911 call at 12:16 a.m. regarding a burglary at the Adventure Outdoors gun store along South Cobb Drive, Smyrna Police Department Chief Keith Zgonc said during an early morning press conference. The expansive 80,000 square foot store and range is about 13 miles northwest of Downtown Atlanta.

When officers arrived, they encountered an armed gunman that was inside the store at the time, Zgonc said. Gunfire erupted between the gunman and officers on scene. 

GEORGIA SCHOOL SHOOTING: NEW AUDIO OF ALLEGED SHOOTER, FATHER ENCOUNTER WITH POLICE OVER 2023 ONLINE THREATS

Police at the scene of the shooting where two police officers were shot and injured.  (WAGA)

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Officers from the Smyrna Police Department and the Cobb County Police Department returned fire, killing the suspect. His identity has not been revealed. 

Two Smyrna Police Department officers were shot and injured during the shooting. They were both transported to a local area hospital where they are recovering from their non-life-threatening injuries.

A SWAT team was subsequently brought in to secure the store and ensure there was no one else inside. 

Smyrna Police Department Chief Keith Zgonc speaking

Smyrna Police Department Chief Keith Zgonc, left, and Cobb County Police Chief Stuart VanHoozer, right.  (Cobb County Police Department)

WHO IS THE ALLEGED GEORGIA SCHOOL SHOOTER? WHAT WE KNOW

The Georgia Bureau of Investigation is on the scene and is investigating the incident, Zgonc said.

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Zgonc said police were unsure if the suspect had broken into the store to steal weapons. The store was closed at the time. 

Cobb County Police Chief Stuart VanHoozer said it is very concerning that a suspect would shoot at police, noting that two officers have been killed in metro Atlanta the last few weeks.

Georgia police shooting

A police officer looks on at the scene of the shooting where two police officers were shot and injured.  (WAGA )

He said there was a massive police response given the recent police shootings in the area and the nature of the store, which has about 18,000 guns in stock, according to the company’s website. The store touts itself as the “actual largest gun store in the world.”

“We had a lot of officers come and that’s the reason that they came,” VanHoozer said. 

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“I’m angry, it angers me that we have people that want to do this,” Zgonc added. 

“They want to take shots at police officers. They want to do us harm and clearly, this individual that was involved in this criminal act necessitated our response.”

The Adventure Outdoors gun store entrance

Two Georgia police officers were injured during a shootout with a suspected gun store burglar just after midnight Saturday morning.   (Google Maps)

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