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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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Southeast

Drone mishap during Orlando holiday aerial show sends child to hospital

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Drone mishap during Orlando holiday aerial show sends child to hospital

A child was hospitalized on Saturday after being hit by a drone that was part of an Orlando, Florida holiday drone show.

According to the Orlando Fire Department, a 7-year-old boy was transported to the hospital because of injuries sustained from the falling drones, FOX 35 in Orlando reported. 

In a video posted online by X user MosquitoCoFl, hundreds of drones being used as part of an aerial light show appeared to be flying into position before several started falling from the sky before slamming to the ground.

A man could be heard saying to children nearby, “Oh no! I don’t believe they’re supposed to be falling.”

MYSTERY DRONES COULD BE IDENTIFIED FASTER USING NEW DETECTION TOOL, BUT FAA LACKS RESOURCES

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Several drones malfunctioned during a drone show in Orlando, Florida on Saturday, sending the unmanned aerial objects crashing to the ground. (Credit – X/MosquitoCoFL)

Geese also appear on the water, flapping their wings to try and get out of the way of the chaotic scene.

City officials told the station the holiday drone show was permitted by the FAA.

Still, after one drone show went wrong, the city chose to cancel the second that night at 8 p.m. due to “technical difficulties.”

DRONES SPOTTED ACROSS NORTHEAST LIKELY COMING FROM ‘INSIDE THE US,’ MILITARY EXPERT SAYS

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several drones crashed during an aerial show in orlando, florida (2)

Several drones malfunctioned during a drone show in Orlando, Florida on Saturday, sending the unmanned aerial objects crashing to the ground. (Credit – X/MosquitoCoFL)

The FAA told Fox News Digital it will investigate the cause of the drone show malfunction.

“Several small drones collided and fell into a crowd during a holiday drone show over [Eola] Lake in Orlando, Florida,” the FAA said. “The incident occurred around 6:45 p.m. local time on Saturday, December 21.”

According to the agency, drone arrays and light shows are subject to FAA regulations and typically require a waiver to a regulation that prohibits operating more than one drone at a time.

For each drone show application, the FAA looks at things like the software controlling the drones, procedures for setting up safe and restricted areas to keep people a safe distance from the show, procedures if drones fail, and procedures for when an aircraft gets too close to the show.

DRONE MYSTERY: NEW JERSEY HOMEOWNERS THREATEN TO TAKE MATTERS INTO THEIR OWN HANDS IF GOVERNMENT DOESN’T ACT

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several drones crashed during an aerial show in orlando, florida (1)

Several drones malfunctioned during a drone show in Orlando, Florida on Saturday, sending the unmanned aerial objects crashing to the ground. (Credit – X/MosquitoCoFL)

Additionally, the FAA reviews how the operator will keep the drones inside a confined area using Geofencing, and whether the operator has an adequate number of people to run the show.

For the second year, the City of Orlando used Sky Elements Drones as its vendor to operate the drones, the station reported.

Sky Elements Drones did not immediately respond to Fox News Digital’s request for comment on the matter.

In a statement to Fox 35, the vendor said, “Sky Elements Drones wants to extend our sincere hope for a full and speedy recovery to those impacted at our Lake Eola show in Orlando on Saturday, Dec. 21.

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“The well-being of our audience is our utmost priority, and we regret any distress or inconvenience caused,” the company continued. “We are diligently working with the FAA and City of Orlando officials to determine the cause and are committed to establishing a clear picture of what transpired. Millions of people see our shows annually, and we are committed to maintaining the highest safety regulations set forth by the FAA.”

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Florida boy has open heart surgery after being hit by drone at holiday show, parents say, NTSB investigating

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Florida boy has open heart surgery after being hit by drone at holiday show, parents say, NTSB investigating

The National Transportation Safety Board is investigating an accident in which a 7-year-old Florida boy was struck by at least one drone at a holiday airshow over the weekend, resulting in him having to undergo open-heart surgery.

The NTSB on Wednesday said it was investigating the Saturday night malfunction at an aerial light show in Lake Eola Park in downtown Orlando.

Adriana Edgerton and Jessica Lumsden, parents of Alexander, said one of the red and green-lit drones struck him and knocked him out upon impact, causing a chest injury, Fox Orlando reported.

Hundreds of drones being used as part of a Saturday night aerial light show in Lake Eola Park in downtown Orlando appeared to be flying into position before several started falling from the sky before slamming to the ground, according to videos posted online. 

DRONE MYSTERY: NEW JERSEY HOMEOWNERS THREATEN TO TAKE MATTERS INTO THEIR OWN HANDS IF GOVERNMENT DOESN’T ACT

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Alexander, a 7-year-old boy, has undergone heart surgery after he was struck by a falling drone during a holiday airshow in Orlando, his parents said.  (Fox Orlando )

“Before they went down, the green one went straight at us. I went to the left. My son went to the right, and it hit my son,” Lumsden told the news outlet. 

Fox News Digital has reached out to the boy’s parents. 

The city canceled the show after the drones crashed.  

“Due to technical difficulties, the 8 p.m. Holiday Drone Show at Lake Eola has been canceled. We apologize for any inconvenience,” the city posted on X. 

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MYSTERY DRONES COULD BE IDENTIFIED FASTER USING NEW DETECTION TOOL, BUT FAA LACKS RESOURCES

several drones crashed during an aerial show in orlando, florida (2)

Several drones malfunctioned during a drone show in Orlando, Florida on Saturday, sending the unmanned aerial objects crashing to the ground. (Credit – X/MosquitoCoFL)

It was not clear what led to the drone difficulties. 

The vendor for the drone show, Sky Elements Drones, told the news outlet it wanted to extend “our sincere hope for the full and speedy recovery to those impacted” at the show. 

“The well-being of our audience is of the upmost priority, and we regret any distress or inconvenience caused,” the company said. “We are diligently working with the FAA and City of Orlando officials to determine the cause and are committed to establishing a clear picture of what transpired. Millions of people see our shows annually, and we are committed to maintaining the highest safety regulations set forth by the FAA.”

several drones crashed during an aerial show in orlando, florida

Several drones malfunctioned during a drone show in Orlando, Florida on Saturday, sending the unmanned aerial objects crashing to the ground. (Credit – X/MosquitoCoFL)

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The Federal Aviation Administration (FAA) is investigating the malfunction. 

Drone arrays and light shows are subject to FAA regulations and typically require a waiver to a regulation that prohibits operating more than one drone at a time, the agency said. 

Fox News Digital’s Greg Wehner contributed to this report. 

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Hero officers and good Samaritans who went above and beyond in 2024

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Hero officers and good Samaritans who went above and beyond in 2024

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While the world can often feel like a discouraging place, there are plenty of people – both those who have sworn to protect and serve, as well as regular citizens – who are willing to go above and beyond for others. 

Here are some examples of law enforcement officers and good Samaritans taking heroic action over the past year. 

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Arkansas police officer saves boy who fell through ice on pond

Last January, a police officer in Jonesboro, Arkansas, sprang into lifesaving action after a boy fell through the ice on a frozen pond. 

Body camera footage shared by the department showed Officer Troy Ellison running through the snow and jumping a fence before getting on his hands and knees to help the boy. 

HERO POLICE OFFICER SAVES TERRIFIED BOY FROM FROZEN POND

Jonesboro police officer rescues child who had fallen through ice into freezing pond in Arkansas. (Jonesboro Police Department)

“I gotcha, I gotcha,” he is heard saying in the footage. 

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Soon after, another officer and a fire official arrived and helped Ellison pull the boy out of the pond with a rope. 

The boy was taken to a hospital to be checked for any cold weather injuries. 

“’Great Job’ goes to one of our officers who responded to a call about a child falling through ice on a local pond,” a Facebook post from the Jonesboro Police Department, who shared the video, read. 

“Officer Troy Ellison sprung into action when he arrived on the scene. He quickly located the child, crawled onto the ice, and pulled the child to safety with the help of Lt. Shon Morris and members of the Jonesboro Fire Department.”

WATCH: 

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Arizona officers save baby being held hostage

In May, a team of officers in Surprise, Arizona, entered a barricaded home where a 7-month-old baby was allegedly being held hostage by his father and had been shot. 

“I thought that one of us or multiple of us would get hurt going inside the house,” Surprise Officer Carlton Williams told “FOX News @ Night” in October. “The fact that the gentleman had already shot at officers multiple times, there was no doubt in my mind that we had to make entry into the home.”

The department had received a 911 call about a woman and her baby being held hostage by the baby’s father. The mother escaped, but the child was still inside when the team of officers forced their way in after hearing gunfire. 

They found the baby at the back of the house and one officer took him to safety while the others provided cover – all without firing any shots.

The baby was taken to a hospital to recover and was reunited with his mother. The father later died after barricading himself in the home and lighting it on fire. 

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“This is as close as it gets to a perfect operation,” law enforcement expert Aaron Cohen said. “They’ve got to get to the end of that structure and get to that kid, and they have no idea what’s laying behind that door.”

ARIZONA BODYCAM HEROES SAVE WOUNDED BABY BEING HELD HOSTAGE INSIDE HOUSE

California police officer saves choking boy

In June, a police officer in El Monte, California, saved the life of an 8-year-old boy who had fallen unconscious after choking on a piece of candy. 

“I just saw him purple, he was already unconscious, so… neighbors and I were trying to do compressions on his chest, breathe through his mouth, but nothing seemed to be working,” the boy’s mother, Vanessa Becerra-Aguayo, told “Fox News @ Night.” “He was unable to talk to me, so he was unconscious the whole time until the police arrived.” 

Officer Raul Vega said he used his LifeVac “anti-choking, rescue device” to clear the boy’s airway. 

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“It’s basically like a plunger, like a foam plunger, and you place the device over the person’s mouth, and you press to get, you know, suction in and while you’re holding it down, you pull it up, and that allows the object to become dislodged and the airway to open up,” he said. 

After two tries, the candy came out of the boy’s throat, and he later woke up in the ambulance. 

HEROIC POLICE OFFICER SAVES CHILD CHOKING ON CANDY: HE WAS ‘PURPLE’

Indiana police officer saves boy with autism from drowning in pool 

In September, an Indiana police officer was hailed as a hero after he saved a 3-year-old boy with autism from drowning in a neighbor’s pool.

After responding to a report that the boy was missing when his parents realized the door had been left unlocked and he had gotten out of the home, Fort Wayne Police Officer Evan Myers began to search the area with other officers. 

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After seeing the boy swimming in the neighbor’s above-ground pool, he ran over and got the boy out. 

“He’s breathing and is conscious,” Myers is heard saying in body camera footage. “Are you OK, buddy?”

“I want to personally thank him deeply for just being able to find my son,” the boy’s mom, Savannah Ybarra, told local station WPTA.

WATCH: HERO INDIANA OFFICER SAVES MISSING AUTISTIC BOY, 3, FROM DROWNING IN POOL

WATCH: 

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Georgia passerby saves homeowner from house fire 

In October, a passerby saved a Winterville, Georgia, homeowner who woke up from a nap to find his house engulfed in smoke and flames. 

David McConnell told FOX5 Atlanta he could hardly see and he tried to leave his house through his front door but his storm door – a secondary door installed over the door – was locked. 

Dylan Betts, who was driving home from work when he saw the smoke, raced to McConnell’s house and “ripped it off and then kicked it in,” he said. 

Betts said he stepped inside the home through a “thick wall of black smoke” and called out.

GEORGIA PASSERBY SAVES MAN FROM BURNING HOME BY KICKING DOWN STORM DOOR

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David McConnell’s house went up in flames on Oct. 29. (Athens-Clarke County Fire Department)

“Mr. David, luckily, heard my voice, and he came right to me,” Betts told FOX5. 

When the outlet asked Betts why he risked his life to save a stranger, Betts responded, “Why not? That’s America.”

McConnell said his family calls Betts “our hero,” and even gave Betts tickets to a Georgia/Tennessee football game as a small thank you for saving his life.

Oklahoma police officer and good Samaritan save sleeping man from rolling off bridge

In November, a quick-thinking police officer and a good Samaritan teamed up to save a man who said he fell asleep on a guardrail of a bridge about 40 feet over the Oklahoma River. 

An Oklahoma City police officer identified as Officer Reyes went to check on the sleeping man lying on the bridge’s guardrail when the man turned and slipped. 

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Reyes grabbed the man by his hoodie as he dangled over the waters below.

SLEEPING MAN SAVED FROM ROLLING OFF BRIDGE BY POLICE OFFICER, GOOD SAMARITAN IN DRAMATIC VIDEO 

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A good Samaritan jogger then ran over to help Reyes grab the man’s arms and pull him to safety. 

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The man wasn’t hurt in the incident. 

Oklahoma City Police Msgt. Gary Knight told News9, “It’s a real hero type thing when you see an officer spring into action – save someone’s life with the help of a citizen.” 

Fox News’ Michael Dorgan, Maria Lencki, Sarah Rumpf-Whitten and Stephen Sorace contributed to this report. 

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