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Two controversial new rules passed by Georgia’s State Election Board concerning the certification of vote tallies are set to face their first test in court this week.

The Republican majority on the State Election Board — made up of three members praised by former President Donald Trump praised by name at a recent rally — voted to approve the rules last month. Democrats filed a legal challenge and argue the rules could be used “to upend the statutorily required process for certifying election results in Georgia.”

A bench trial, meaning there is a judge but no jury, is set to begin Tuesday before Fulton County Superior Court Judge Robert McBurney.

One of the rules provides a definition of certification that includes requiring county officials to conduct a “reasonable inquiry” before certifying results, but it does not specify what that means. The other includes language allowing county election officials “to examine all election related documentation created during the conduct of elections.”

A series of recent appointments means Trump-endorsed Republicans have had a 3-2 majority on the State Election Board since May. That majority has passed several new rules over the past two months that have caused worry among Democrats and others who believe Trump and his allies may use them to cause confusion and cast doubt on the results if he loses this crucial swing state to Democratic Vice President Kamala Harris in November’s presidential election.

Another rule the board passed more recently requires that poll workers count the number of paper ballots — not votes — by hand on election night after voting ends. A separate lawsuit filed by a group headed by a former Republican lawmaker initially challenged the two certification rules but was amended last week to also challenge the ballot counting rule and some others that the board passed.

Georgia Secretary of State Brad Raffensperger and an association of county election officials had cautioned the state board against passing new rules so close to the election. They argued it could cause confusion among poll workers and voters and undermine public trust in the voting process.

The challenge to the certification rules filed by Democratic groups and others asks the judge to confirm that election superintendents — a multi-person election board in most counties — have a duty to certify an election by the deadline provided in the law and have no discretion to withhold or delay certification. They ask that it should be declared invalid if the judge believes either of the rules allows such discretion.

Lawyers for the State Election Board argue the Democrats are asking the judge to “declare what is already enshrined in Georgia law,” that county certification is mandatory and must occur by 5 p.m. the Monday after the election, or the next day if Monday is a holiday, as it is this year. They also argue the challenge is barred by the principle of sovereign immunity and seeks relief that isn’t appropriate under the law.

The challenge was filed by the state and national Democratic parties, as well as county election board members from counties in metro Atlanta, most chosen by the local Democratic Party, as well voters who support Democrats and two Democratic state lawmakers running for reelection. It was filed against the State Election Board, and the state and national Republican parties joined the fight on the board’s side.

The Democrats concede in their challenge that the two rules “could be read not to conflict with Georgia statutes” but they argue “that is not what the drafters of those rules intended.”

“According to their drafters, these rules rest on the assumption that certification of election results by a county board is discretionary and subject to free-ranging inquiry that may delay certification or render it wholly optional,” they wrote in a court filing.

They also note that numerous county election officials around the state have already sought to block or delay certification in recent elections and “the new rules hand those officials new tools to do so again in November.”

State lawyers argue that since the argument against the rules is based on the alleged intent of the people who presented them or the way some officials could interpret them, rather than on the text of the rules themselves, the challenge should be thrown out.




A federal trial is set to begin Monday over claims that supporters of former President Donald Trump threatened and harassed a Biden-Harris campaign bus in Texas four years ago, disrupting the campaign on the last day of early voting.

The civil trial over the so-called “Trump Train” comes as Trump and Vice President Kamala Harris race into the final two months of their head-to-head fight for the White House in November.

Democrats on the bus said they feared for their lives as Trump supporters in dozens of trucks and cars nearly caused collisions, harassing their convoy for more than 90 minutes, hitting a Biden-Harris campaign staffer’s car and forcing the bus driver to repeatedly swerve for safety.

“For at least 90 minutes, defendants terrorized and menaced the driver and passengers,” the lawsuit alleges. “They played a madcap game of highway ‘chicken’ coming within three to four inches of the bus. They tried to run the bus off the road.”

The highway confrontation prompted an FBI investigation, which led then-President Trump to declare that in his opinion, “these patriots did nothing wrong.” Among those suing is former Texas state senator and Democratic nominee for governor Wendy Davis, who was on the bus that day. Davis rose to prominence in 2013 with her 13-hour filibuster of an anti-abortion bill in the state Capitol. The other three plaintiffs are a campaign volunteer, staffer and the bus driver.

The lawsuit names six defendants, accusing them of violating the “Ku Klux Klan Act,” an 1871 federal law to stop political violence and intimidation tactics.

The same law was used in part to indict Trump on federal election interference charges over attempts to overturn the results of the 2020 election in the run-up to the Jan. 6 U.S. Capitol insurrection. Enacted by Congress during the Reconstruction Era, the law was created to protect Black men’s right to vote by prohibiting political violence.

Videos of the confrontation on Oct. 30, 2020, that were shared on social media, including some recorded by the Trump supporters, show a group of cars and pickup trucks — many adorned with large Trump flags — riding alongside the campaign bus as it traveled from San Antonio to Austin. The Trump supporters at times boxed in the bus, slowed it down, kept it from exiting the highway and repeatedly forced the bus driver to make evasive maneuvers to avoid a collision, the lawsuit says.

On the two previous days, Biden-Harris supporters were subjected to death threats, with some Trump supporters displaying weapons, according to the lawsuit. These threats in combination with the highway confrontation led Democrats to cancel an event later in the day.

The lawsuit, which seeks unspecified monetary damages, alleges the defendants were members of local groups near San Antonio that coordinated the confrontation.

Francisco Canseco, an attorney for three of the defendants, said his clients acted lawfully and did not infringe on the free speech rights of those on the bus.  “It’s more of a constitutional issue,” Canseco said. “It’s more of who has the greater right to speak behind their candidate.”

Judge Robert Pitman, an appointee of former President Barack Obama, is set to preside over Monday’s trial. He denied the defendants’ pretrial motion for a summary judgment in their favor, ruling last month that the KKK Act prohibits the physical intimidation of people traveling to political rallies, even when racial bias isn’t a factor.

While one of the defendants, Eliazar Cisneros, argued his group had a First Amendment right to demonstrate support for their candidate, the judge wrote that “assaulting, intimidating, or imminently threatening others with force is not protected expression.”

“Just as the First Amendment does not protect a driver waving a political flag from running a red light, it does not protect Defendants from allegedly threatening Plaintiffs with reckless driving,” Pitman wrote.

A prior lawsuit filed over the “Trump Train” alleged the San Marcos Police Department violated the Ku Klux Klan Act by failing to send a police escort after multiple 911 calls were made and a bus rider said his life was threatened. It accused officers of privately laughing and joking about the emergency calls. San Marcos settled the lawsuit in 2023 for $175,000 and a requirement that law enforcement get training on responding to political violence.



The Supreme Court on Wednesday kept on hold the latest multibillion-dollar plan from the Biden administration that would have lowered payments for millions of borrowers, while lawsuits make their way through lower courts.

The justices rejected an administration request to put most of it back into effect. It was blocked by the 8th U.S. Circuit Court of Appeals.

In an unsigned order, the court said it expects the appeals court to issue a fuller decision on the plan “with appropriate dispatch.”

The Education Department is seeking to provide a faster path to loan cancellation, and reduce monthly income-based repayments from 10% to 5% of a borrower’s discretionary income. The plan also wouldn’t require borrowers to make payments if they earn less than 225% of the federal poverty line — $32,800 a year for a single person.

Last year, the Supreme Court’s conservative majority rejected an earlier plan that would have wiped away more than $400 billion in student loan debt.

Cost estimates of the new SAVE plan vary. The Republican-led states challenging the plan peg the cost at $475 billion over 10 years. The administration cites a Congressional Budget Office estimate of $276 billion.

Two separate legal challenges to the SAVE plan have been making their way through federal courts. In June, judges in Kansas and Missouri issued separate rulings that blocked much of the administration’s plan. Debt that already had been forgiven under the plan was unaffected.

The 10th U.S. Circuit Court of Appeals issued a ruling that allowed the department to proceed with a provision allowing for lower monthly payments. Republican-led states had asked the high court to undo that ruling.

But after the 8th Circuit blocked the entire plan, the states had no need for the Supreme Court to intervene, the justices noted in a separate order issued Wednesday.

The Justice Department had suggested the Supreme Court could take up the legal fight over the new plan now, as it did with the earlier debt forgiveness plan. But the justices declined to do so.

“This is a recipe for chaos across the student loan system,” said Mike Pierce, executive director of the Student Borrower Protection Center, an advocacy group.

“No court has decided on the merits here, but despite all of that borrowers are left in this limbo state where their rights don’t exist for them,” Pierce said.

Eight million people were already enrolled in the SAVE program when it was paused by the lower court, and more than 10 million more people are looking for ways to afford monthly payments, he said.

Sheng Li, litigation counsel with the New Civil Liberties Alliance, a legal group funded by conservative donors, applauded the order. “There was no basis to lift the injunction because the Department of Education’s newest loan-cancellation program is just as unlawful as the one the Court struck down a year ago,” he said in a statement.




A federal appeals court revived Sarah Palin’s libel case against The New York Times on Wednesday, citing errors by a lower court judge, particularly his decision to dismiss the lawsuit while a jury was deliberating.

The 2nd U.S. Circuit Court of Appeals in Manhattan wrote that Judge Jed S. Rakoff’s decision in February 2022 to dismiss the lawsuit mid-deliberations improperly intruded on the jury’s work.

It also found that the erroneous exclusion of evidence, an inaccurate jury instruction and an erroneous response to a question from the jury tainted the jury’s decision to rule against Palin. It declined, however, to grant Palin’s request to force Rakoff off the case on grounds he was biased against her. The 2nd Circuit said she had offered no proof.

The libel lawsuit by Palin, a onetime Republican vice presidential candidate and former governor of Alaska, centered on the newspaper’s 2017 editorial falsely linking her campaign rhetoric to a mass shooting, which Palin asserted damaged her reputation and career.

The Times acknowledged its editorial was inaccurate but said it quickly corrected errors it called an “honest mistake” that were never meant to harm Palin.

Shane Vogt, a lawyer for Palin, said in an email that Palin was “very happy with today’s decision, which is a significant step forward in the process of holding publishers accountable for content that misleads readers and the public in general.”

“The truth deserves a level playing field, and Governor Palin looks forward to presenting her case to a jury that is ‘provided with relevant proffered evidence and properly instructed on the law,’” Vogt added, quoting in part from the 2nd Circuit ruling.

Charlie Stadtlander, a spokesperson for the Times, said the decision was disappointing. “We’re confident we will prevail in a retrial,” he said in an email.

The 2nd Circuit, in a ruling written by Judge John M. Walker Jr., reversed the jury verdict, along with Rakoff’s decision to dismiss the lawsuit while jurors were deliberating.

Despite his ruling, Rakoff let jurors finish deliberating and render their verdict, which went against Palin.

The appeals court noted that Rakoff’s ruling made credibility determinations, weighed evidence, and ignored facts or inferences that a reasonable juror could plausibly find supported Palin’s case.

It also described how “push notifications” that reached the cellphones of jurors “came as an unfortunate surprise to the district judge.” The 2nd Circuit said it was not enough that the judge’s law clerk was assured by jurors that Rakoff’s ruling had not affected their deliberations.

“Given a judge’s special position of influence with a jury, we think a jury’s verdict reached with the knowledge of the judge’s already-announced disposition of the case will rarely be untainted, no matter what the jurors say upon subsequent inquiry,” the appeals court said.




George Santos, the former New York congressman who spun lies into a brief political career, pleaded guilty Monday to wire fraud and aggravated identity theft, acknowledging that he allowed his ambitions to cloud his judgment.

Santos, 36, is likely to spend at least six years in prison and owes hundreds of thousands of dollars in restitution. His federal fraud case, which led to his expulsion from Congress, was just weeks away from going to trial.

“I betrayed the trust of my constituents and supporters. I deeply regret my conduct,” the New York Republican said, his voice trembling as he entered the plea in a Long Island courtroom.

Santos, 36, said he accepted responsibility for his crimes and intends to make amends. He faces more than six years in prison under federal sentencing guidelines and owes at least $370,000 in restitution.

Senior Federal Judge Joanna Seybert scheduled sentencing for Feb. 7.

Santos was indicted on felony charges that he stole from political donors, used campaign contributions to pay for personal expenses, lied to Congress about his wealth and collected unemployment benefits while actually working.

Santos was expelled from the U.S. House after an ethics investigation found “overwhelming evidence” that he had broken the law and exploited his public position for his own profit.

The case has been set to go to trial in early September. If that had happened, federal prosecutors said Monday that they were prepared to call some 40 witnesses, including members of Santos’ campaign, employers and family members.

Santos was once touted as a rising political star after he flipped the suburban district that covers the affluent North Shore of Long Island and a slice of the New York City borough of Queens in 2022.

But his life story began unraveling even before he was sworn into office. At the time, reports emerged that he had lied about having a career at top Wall Street firms and a college degree along with other questions swirling about his biography.

New questions then emerged about his campaign funds.

He was first indicted on federal charges in May 2023, but refused to resign from office.

Santos had previously maintained his innocence, though he said in an interview in December that a plea deal with prosecutors was “not off the table.”

Asked if he was afraid of going to prison, he told CBS 2 at the time: “I think everybody should be afraid of going to jail, it’s not a pretty place and uh, I definitely want to work very hard to avoid that as best as possible.”

Separately Monday, in Manhattan federal court, Judge Denise Cote tossed out a lawsuit in which Santos claimed that late-night host Jimmy Kimmel, ABC and Disney committed copyright infringement and unjustly enriched themselves at his expense by using videos he made on the Cameo app for a “Jimmy Kimmel Live” segment. The judge said it was clear that Kimmel used the clips, which were also posted to YouTube, for the purposes of criticism and commentary, which is fair use.

Santos had begun selling personalized videos on Cameo in December shortly after his ouster from Congress. He subsequently launched, then quickly abandoned, a longshot bid to return to Congress as an independent earlier this year.


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