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Lawyers and judge hash out juror questions for Powell and Chesebro trial in Georgia election case

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Lawyers and judge hash out juror questions for Powell and Chesebro trial in Georgia election case

ATLANTA (AP) — Defense attorneys and prosecutors sparred Monday over questions for potential jurors who have to report later this week for the trial of Sidney Powell and Kenneth Chesebro, who are accused along with former President Donald Trump and others of illegally trying to overturn the 2020 election in Georgia.

Lawyers for Powell and Chesebro met with prosecutors and the judge overseeing the case to hash out what will be asked on a lengthy questionnaire when the first group of 450 prospective jurors arrives at the courthouse on Friday. Whether that should include questions about their opinions about potential witnesses, the other defendants and issues that go to the heart of the case dominated that discussion.

Powell and Chesebro were indicted in Fulton County in August along with Trump and 16 others, accused of participating in a wide-ranging scheme to illegally try to keep Trump, the Republican incumbent, in the White House even though he had lost the presidential election to Democrat Joe Biden. All 19 defendants initially pleaded not guilty, but one pleaded guilty last month to five misdemeanor charges after reaching a deal with prosecutors. Trump and the remaining 15 will not be tried with Powell and Chesebro, and a trial date has not yet been set for them.

Powell and Chesebro, both attorneys, each exercised their right to demand a speedy trial, and Fulton County Superior Court Judge Scott McAfee set their trial to begin Oct. 23. In a later order, the judge wrote that individual questioning of prospective jurors would begin on that date but that 450 people would be summoned to the courthouse this Friday, Oct. 20, to complete a juror questionnaire under oath.

Powell is accused of participating in a breach of election equipment in rural Coffee County. She’s alleged to have hired and paid a computer forensics team that copied data and software from the election equipment without authorization.

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Chesebro is accused of working on the coordination and execution of a plan to have 16 Georgia Republicans sign a certificate declaring falsely that Trump won and declaring themselves the state’s “duly elected and qualified” electors.

During Monday’s hearing, the judge walked through parts of the draft juror questionnaire, focusing mostly on parts where one side or the other had made changes and where there were disagreements between the two sides. He said he still needed to think about some issues and would send the parties a final questionnaire later in the week.

Rather than asking whether prospective jurors can be fair and impartial toward Powell and Chesebro, defense attorneys proposed asking about their specific opinions on the two. Most people, when asked if they can be fair and impartial, will instinctively say yes, Powell attorney Brian Rafferty told the judge.

McAfee expressed concern about sections that he said asked prospective jurors to give a favorability rating for the other defendants in the case and some of the expected state witnesses. Prosecutor Alex Bernick also objected to that section, saying the other defendants are not on trial. Rafferty argued that prosecutors, citing the racketeering charge all defendants face, have said they intend to present their whole case.

Both sides agreed potential jurors could be asked about pressures from the community or whether they would feel nervous or anxious about returning any verdict out of concern for how the public might respond. The judge noted that a potential juror’s answer wouldn’t necessarily be disqualifying but acknowledged the parties might want to consider that information in striking jurors.

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Defense attorneys also wanted to include a string of questions about whether potential jurors believe Trump and his associates tried to steal the election and what they think about people who spread misinformation or tried to help overturn the election. Bernick argued those questions were basically meant to test defense theory and see what jurors are receptive to before putting on their case.

Chesebro attorney Scott Grubman said he could see why such questions might be barred in a normal case, but he argued that this case is unprecedented and “has no parallels in American or Georgia jurisprudence.”

McAfee seemed unconvinced, saying the questions seemed to cross a “hard line in the sand” against asking prospective jurors whether they think someone is guilty or not.

In his order separating Powell and Chesebro’s cases from the others, McAfee said he will try to have their jury seated and sworn by Nov. 3, “to eliminate any doubts that the statutory speedy trial deadline has been met.” Under Georgia law, a defendant who files a demand for a speedy trial has a right to have a trial begin within the court term when the demand is filed or in the next court term. Court terms in Fulton County are two months long and begin the first Monday in January, March, May, July, September and November.

During a hearing last month, McAfee said that starting Oct. 23, they will bring prospective jurors in in panels of 14 to be questioned individually. For each panel, the judge will ask questions to determine whether jurors have qualifying hardships that would keep them from being able to serve as a juror. Then each party — the two defendants and the district attorney’s office — will have one hour per panel of 14 prospective jurors to ask questions.

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Ideally, McAfee said, they will have one panel of 14 in the morning and another panel of 14 after lunch each day. To ensure that they have enough potential jurors, McAfee has requested that another 450 people be brought in on Oct. 27 to fill out questionnaires.

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Celine Dion Surprises Fans in Strange and Epic Sunday Night Football Promo Set to ‘It’s All Coming Back to Me Now’

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Celine Dion Surprises Fans in Strange and Epic Sunday Night Football Promo Set to ‘It’s All Coming Back to Me Now’

Channeling their best, “we come to this place for magic” hopes, NBC and Peacock unleashed a new promo for “Sunday Night Football” with Canadian siren Celine Dion. Because when fans think of football, they think of Deion (Sanders).

The singer appeared suddenly after the opening bars of her iconic song, “It’s All Coming Back to Me Now,” rang out during the broadcast. Dressed in a vintage 1996 Super Bowl sweatshirt, Dion recalled the legendary game when The Cowboys bested The Steelers, hyping tonight’s rematch.

“I think my favorite thing about this game is its power to connect who we are, to who we were.” Dion said. “To prove that our most powerful memories, our most enduring loves, can stay with us forever. You know what I’m talking about, right? Sometimes, some nights, it all just comes back.”

While footage from the former matchup played, Dion continued to narrate, “Their love affair, well maybe not love the way I usually sing about it. But still, work with me here. I mean, ‘When you touch me like this, When you hold me like that’ … it kind of fits, no?”

“But really, what beautiful passion it produced. What painful heartbreak it revealed. So, so long ago,” the singer continued. “Like so many old flames, it always feels right when they’re back together, don’t you think? Like tonight, evoking the kind of magic they once produced. The Cowboys and the Steelers, a timeless classic on Sunday night.”

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The Oscar winner was then doused with Gatorade. Fingers crossed, this promo gets us one step closer to Dion returning to her Vegas residency.

Dion’s epic last live performance at the 2024 Olympics opening ceremony stunned the world as she performed an astounding rendition of f Edith Piaf’s “Hymne A L’Amour” at the foot of the Eiffel Tower.

The singer captured the night belting out through the wind and rain on the world’s stage. This was her first performance since her diagnosis with Stiff Person Syndrome in December 2022, which forced her to step out of the spotlight.

In an interview with Hoda Kotb in June, Dion shared how Stiff Person Syndrome affects her singing voice, saying that it feels “like somebody’s strangling you… it’s like somebody’s pushing your larynx, pharynx, this way.”

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American father of Hamas hostage Itay Chen pushes US, Israel on ‘Plan B’ as negotiations falter

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American father of Hamas hostage Itay Chen pushes US, Israel on ‘Plan B’ as negotiations falter

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“When was the last time you talked to your kid? Do you know where he slept last night? Do you know what he ate? Do you know if he had a blanket on him?” Ruby Chen, father of Itay Chen who was taken by Hamas on Oct. 7, 2023, asked in a sit-down interview with Fox News Digital.

“All those types of questions are questions that we ask ourselves constantly,” he said. “The feeling is that we’ve been failed.”

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Itay,19 years old when he was taken, has remained a hostage held in Gaza for 365 days after his unit in the Israel Defense Forces (IDF) was attacked in southern Israel when Hamas terrorists flooded the border in a series of mass assaults. 

Chen, a New York City native, said he and his wife have been given “unprecedented” access to the White House, the CIA and other top agencies throughout the last year to discuss ongoing strategies to try and get the hostages out of Gaza.

IDF Sgt. Itay Chen was serving along the Gaza border when he was taken hostage by Hamas terrorists on Oct. 7. (IDF)

ISRAEL SAYS TOP HAMAS RAFAH BRIGADE ‘DISMANTLED’ ON PHILADELPHI CORRIDOR, 2,000 TERRORISTS KILLED

The Chens have not only met with national security adviser Jake Sullivan a dozen times, as well as CIA Director William Burns and Treasury Secretary Janet Yellen, they also hold a weekly call with the White House. 

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But ultimately, these supportive efforts have fallen flat when it comes to the real needs of American families whose loved ones are still held hostage by Hamas. 

“We have been failed by the Israeli government, we, as U.S. citizens, feel we’ve been failed by the Biden administration despite all of the access that they’ve provided us,” he explained. “They share as much as they can. But at the end of the day, it’s… very black and white.

“Where is he?”

Italy smiles in a black tshirt

Itay Chen has been confirmed dead after being taken hostage on Oct. 7, Israeli officials said. (Fox News )

Chen explained that following the Oct. 7 attacks on Israel, the Israeli government pushed a strategy to secure the release of the then 251 hostages by bombarding suspected Hamas positions in Gaza.

In the initial weeks following the deadly Hamas attacks, Israel began pounding northern Gaza – a move Israeli Prime Minister Benjamin Netanyahu believed would bring Hamas leader Yahya Sinwar “to his knees” and make him be “willing to release hostages.”

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A week-long cease-fire in November saw the release of 105 hostages. Twelve other hostages have been freed following negotiations during the immediate aftermath of the attack, or because of IDF rescue operations between February and August. 

YAZIDI WOMAN HELD HOSTAGE FOR 10 YEARS IN GAZA RESCUED IN ISRAEL, US OPERATION

None of the eight American hostages that were kidnapped have been released, and only seven continue to be held by Hamas after the body of Hersh Goldberg-Polin was discovered by IDF forces in late August, after he along with five others were killed by the terrorist group.

More than 100 hostages remain in captivity in the Gaza Strip – 97 of whom were abducted on Oct. 7, 2023.

American Hostages

American hostages who were taken by Hamas terrorists on Oct. 7, 2023, and held in Gaza.

The Chens, other American families and the international community have repeatedly urged Israel and Hamas to reach a cease-fire agreement and return all hostages to their families. 

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But disagreements over security corridors in Gaza have created a seemingly insurmountable hurdle as U.S., Egyptian and Qatari officials work to get Israel and Hamas to reach an agreement.

The father of the IDF soldier pointed out that so long as no one is discussing a “day after” plan for the Gaza Strip and the Palestinians there, Hamas will continue to hold tightly to its most powerful bargaining chip, the hostages.

WASHINGTON, DC - DECEMBER 13: Surrounded by other family members of Americans who were taken hostage by Hamas during the October 7 terrorist attacks in Israel, Jonathan Dekel-Chen, father of Sagui Dekel-Chen, and Ruby Chen, father of Itay Chen, speak to reporters after a meeting with President Biden at the White House on Wednesday, December 13, 2023. 

WASHINGTON, DC – DECEMBER 13: Surrounded by other family members of Americans who were taken hostage by Hamas during the October 7 terrorist attacks in Israel, Jonathan Dekel-Chen, father of Sagui Dekel-Chen, and Ruby Chen, father of Itay Chen, speak to reporters after a meeting with President Biden at the White House on Wednesday, December 13, 2023. 

“Where is Hamas in the day-after? And if no one is willing to talk about it, then Hamas believes that they are better off holding on to the hostages until something changes,” he explained. “It’s a jihad organization. They wish to have chaos. They are looking for a regional conflict.

“When they see that there’s now a conflict with Lebanon, that does not motivate them to get into a cease-fire agreement. On the contrary, they wish to belong, and have other players join in this jihad against Israel,” Chen continued. “So I question, what is the plan?”

“I am very critical of the time,” Itay’s father said. “The last 10 months, I’ve been asking Mr. Sullivan, What’s plan B?

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“I haven’t heard of a Plan B. And that’s unacceptable,” he added.

palestinian migration crisis

A man walks past shelter tents erected near collapsed buildings in the Bureij camp for Palestinian refugees in Gaza on Oct. 1, 2024. (Eyad Baba/AFP via Getty Images)

BLINKEN TRAVELS TO EGYPT FOR CEASE-FIRE TALKS AS ISRAEL ADDS NEW WAR GOAL

Securing peace in the region became even more precarious last week after Israel, against the objections of the U.S. and its international allies, launched an incursion into southern Lebanon with the expressed intent of dismantling the threat posed by Hezbollah.

Chen pointed out that this second front not only added another dimension to securing the release of the hostages, but it also seemingly pushed talks with Hamas on the backburner as concerns remain high over a broader regional conflict.

“If you could follow the news, you could see that the hostage issue has been less prioritized,” he said. “And that’s a very difficult feeling for us and the families.”

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Netanyahu has said his top priority is securing the release of the hostages, but his refusal to withdraw from the Philidelphi Corridor due to security reasons has created a negotiation impasse and questions have begun to mount over whether the prime minister is truly prioritizing the hostages over his push to “eliminate Hamas.” 

But the parents of Itay – who has been described as a “fun-loving kid,” the “sandwich” of the family with an older sibling and younger sibling, everybody’s “best friend,” and a former Boy Scout turned a young man with a loving girlfriend – cannot allow for him, or the others still in Gaza, to be at the mercy of any political agenda. 

“I’m a guy that comes from New York City – and we talk less, we look at actions. The actions of the last year show the opposite.” Chen said. “He can say whatever he wants. I don’t believe a thing that comes out of his mouth, I believe in what he does.”

The father of three also urged the Biden administration to question whether it is still in the U.S.’s strategic interest to unequivocally back Netanyahu.

Netanyahu speaks at UN

Prime Minister Benjamin Netanyahu addresses the 79th session of the United Nations General Assembly, Friday, Sept. 27, 2024. (AP Photo/Pamela Smith)

“There is no accountability from either side for failed negotiation. You do not see any equation that says, ‘OK, if you do not do A, then there’s a consequence’ on either side,” Chen said in reference to both Israel and Hamas. “There’s no consequence associated with a negative action to a strategic interest of the United States.”

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Chen also argued that “effective pressure” needs to be put on Hamas by reevaluating what other “pressure points” can be utilized.

The father pointed to the clear need for tougher economic and diplomatic involvement when it comes to international aid sent to Gaza – including tougher sanctions not only on adversarial nations but on partner countries that allow aid to flow into Gaza.

This includes stricter oversight of United Nations-provided humanitarian aid, which though intended for the Palestinian people, is falling into the hands of Hamas, a group that is not designated as a terrorist organization by the UN.

Hamas has long been accused of seizing basic goods in Gaza and then reselling them in a black-market scheme at exuberant prices. 

Reports have further indicated that Hamas for years has had substantial access to monetary aid siphoned from funds provided by top organizations like the United Nations Relief and Works Agency (UNRWA), which has been directly used for combatant operations against Israel, including tunnel building and access to arms.  

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Itay Chen

Itay Chen’s father pleaded with President Biden to help his family find their son. (Obtained by Fox News)

But aside from the substantial need to address aid-based concerns, Chen also argued that diplomatic solutions are not being fully recognized by the U.S.

Nations like Russia and Thailand secured the release of their citizens taken by Hamas, and Chen argued Washington – which was able to negotiate with its biggest adversary just months ago to free U.S. citizens from Russian prisons – should be working to do the same to secure the release of those held in Gaza.

“So, it’s possible,” Chen said. “Complicated, yep. Doable, yep.”

“The assumption that was put in front of us at the beginning was that U.S. hostages will come out via a larger deal that Israel will be a part of. And if that assumption is not working out after a year, then yes, we need to challenge the administration and look at that assumption.

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“Is that still valid after one year?”

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Photos: A year of Israel’s devastating war on Gaza

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Photos: A year of Israel’s devastating war on Gaza

Israel’s war on Gaza, one of the deadliest and most destructive in recent history, has killed nearly 42,000 people, a little over half of them women and children, and wounded more than 96,000, according to Palestinian health officials.

The death toll is likely to be much higher as thousands of people remain buried under rubble or in areas inaccessible to medical teams in a military operation many governments and rights groups have termed a genocide against the Palestinians.

The October 7, 2023 attack on Israel by the Palestinian group Hamas – in which, according to Israeli officials, 1,139 people were killed and about 250 were taken captive – was followed by Israel’s devastating offensive on Gaza.

In the year since, about 90 percent of Gaza’s 2.3 million population has been displaced, most of them multiple times, according to estimates by the United Nations.

Hundreds of thousands of Palestinian families are crowding in sprawling tent camps near the Mediterranean coast – with no electricity, running water or toilets. Hunger and diseases are widespread.

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The Shelter Cluster, an international coalition of aid providers led by the Norwegian Refugee Council, says it has struggled to bring in basic supplies because of Israeli restrictions, the ongoing fighting and the breakdown of law and order in Gaza. It estimates that some 900,000 people need tents and bedding.

The UN says the war has damaged or destroyed over 92 percent of Gaza’s main roads and more than 84 percent of its health facilities. It estimates that nearly 70 percent of Gaza’s water and sanitation plants have been destroyed or damaged. That includes all five of the territory’s wastewater treatment facilities, plus desalination plants, sewage pumping stations, wells and reservoirs.

The UN also estimates that the war has left some 40 million tonnes of debris and rubble in Gaza, enough to fill New York’s Central Park to a depth of 8 metres (about 25 feet). It could take up to 15 years and nearly $650m to clear it all away, it said.

The World Bank estimated damage equivalent to $18.5bn in Gaza from the first three months of the war, before Israel launched most of its fierce operations. That figure is nearly equivalent to the combined economic output of the West Bank and Gaza in 2022.

Israel allowed the entry of construction materials inside Gaza before the war, but there were heavy restrictions and delays. The Shelter Cluster now estimates it would take 40 years to rebuild all of Gaza’s destroyed homes under that system.

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