Georgia Judge Slaps Down Trump’s Effort to Block New Indictment Charges

A Georgia judge has rejected Donald Trump’s bid to block potential new indictment charges in the investigation into his efforts to overthrow the 2020 election.

Fulton County Superior Court Judge Robert McBurney on Monday ruled that Trump cannot stop Georgia prosecutors from trying to investigate him.

“While being the subject (or even target) of a highly publicized criminal investigation is likely an unwelcome and unpleasant experience, no court ever has held that that status alone provides a basis for the courts to interfere with or halt the investigation,” wrote McBurney.

McBurney has overseen District Attorney Fani Willis’s investigation into Trump’s efforts to overturn Georgia’s 2020 election results. In his nine-page ruling, he rejected Trump’s motion and also went on to skewer him for fundraising off of the multiple investigations and indictments against him.

“For some, being the subject of a criminal investigation can, à la Rumpelstiltskin, be turned into golden political capital, making it seem more providential than problematic,” he wrote. “Regardless, simply being the subject (or target) of an investigation does not yield standing to bring a claim to halt that investigation in court.”

Trump had tried to argue that the case was unconstitutional and that Willis’s work for Democrats represents a conflict. But McBurney was not swayed by the arguments.

“While both sides have done enough talking, posting, tweeting (‘X’ing’?), and press conferencing to have hit (and perhaps stretched) the bounds of Georgia Rules of Professional Conduct … neither movant has pointed to any averments from the District Attorney or her team of lawyers expressing belief that Trump … is guilty or has committed this or that offense,” he wrote.

“Put differently, the District Attorney’s Office has been doing a fairly routine—and legally unobjectionable—job of public relations in a case that is anything but routine.”

Two weeks ago, Georgia’s Supreme Court also unanimously rejected Trump’s bid to stop the investigation.

On Saturday, Willis announced that her team is “ready to go” and she will announce a decision on new charges against Trump by September 1.

“The work is accomplished,” Willis told local outlet 11Alive. “We’ve been working for two and a half years.”

“Some people may not be happy with the decisions that I’m making,” she added.

Fulton County District Attorney Fani Willis is expected to indict Donald Trump for trying to overturn the 2020 election within the next few weeks.

“The work is accomplished,” Willis told local outlet 11Alive on Saturday. “We’ve been working for two and a half years. We’re ready to go.”

Willis has been investigating Trump for his role in efforts to overturn Georgia’s 2020 election results. One of the charges could be for racketeering, which could in part refer to Trump’s phone calls begging Georgia Secretary of State Brad Raffensperger to “find” 11,780 votes—the exact amount needed to flip the state’s election results to Trump.

Willis sent a letter to local law enforcement back in April asking them to be ready for “heightened security and preparedness” during the summer. The letter indicated she plans to announce “charging decisions resulting from the investigation my office has been conducting into possible criminal interference in the administration of Georgia’s 2020 General Election” between July 11 and September 1. Willis confirmed Saturday that she will still deliver a decision on charges by September.

She warned Saturday that “some people may not be happy with the decisions that I’m making. And sometimes, when people are unhappy, they act in a way that could create harm.”

Willis told 11Alive she has also reached out to the county sheriff to protect the courthouse. “I’m not willing to put any of the employees or the constituents that come to the courthouse in harm’s way,” she said.

Her requests for increased security are understandable. New York City police stepped up their presence around the Manhattan district court where Trump was arraigned in April. Only a handful of people actually answered Trump’s call for protests, but the last time he urged his supporters to take to the streets, the result was the January 6 insurrection.

If Willis indicts Trump, it would likely be his fourth indictment this year. Trump has been charged with 34 counts of business fraud in New York relating to hush-money payments made during the 2016 election and indicted for mishandling classified documents. Special counsel Jack Smith, who issued the documents indictment, is expected to indict Trump for his role in trying to overturn the 2020 election any day now.

Separately, Trump has been found liable for sexual abuse and defamation, and has been sued for defamation yet again. But he has promised to keep running for president, even from prison.

Supreme Court Justice Samuel Alito has a warning for Congress: Stop trying to do anything about corruption on the court.

Last week, the Senate Judiciary Committee advanced a bill that would require the justices to adopt a code of ethics. According to Alito, Congress has no “authority” to do any such thing.

“Congress did not create the Supreme Court,” he told The Wall Street Journal in an interview published Friday. “I know this is a controversial view, but I’m willing to say it,” he continued. “No provision in the Constitution gives them the authority to regulate the Supreme Court—period.”

Asked whether the other justices agree, he said: “I don’t know that any of my colleagues have spoken about it publicly, so I don’t think I should say. But I think it is something we have all thought about.”

Alito’s comments are particularly brazen for two reasons.

First, he is one of the justices recently caught in a major ethics scandal. Last month, ProPublica reported that he accepted a luxury vacation from Republican billionaire megadonor Paul Singer, which included flying on Singer’s private jet to Alaska and then staying for free in a fishing lodge that cost $1,000 a night. Alito didn’t disclose the vacation and later ruled on a case that Singer had before the court. Right-wing activist Leonard Leo helped organize the whole thing.

Second, Alito’s reading of the Constitution is particularly twisted. Here’s what Article III, Section 2 of the Constitution actually says:

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

An unelected, lifetime-appointed Supreme Court justice, caught in a major ethics scandal, believes that Congress has no authority to do anything about it. How convenient.

Donald Trump said Friday that nothing will stop him from running for president, not even a conviction in his federal indictment case.

Trump has been indicted for mishandling classified documents at Mar-a-Lago, and the investigating special counsel Jack Smith unveiled new charges Thursday evening. This is the first time that Trump has acknowledged that going to jail is a possibility, as he generally insists that he has done nothing wrong.

During a radio interview, pro-Trump host John Fredericks asked the former president, “If, going forward, right, you get these indictments, there ends up—you got a jury in D.C., you get convicted and sentenced. Does that stop your campaign for president if you’re sentenced?”

“Not at all. There’s nothing in the Constitution,” Trump replied. “Even the radical left crazies are saying, ‘No, that wouldn’t stop!’ And it wouldn’t stop me either.”

Technically, Trump is right. There is nothing in the Constitution prohibiting incarcerated people from running for office, although it is unclear how things would work if Trump won.

It’s also not entirely unprecedented for someone to run for office from jail. Socialist Party nominee Eugene Debs ran for president in 1920 despite being imprisoned for his opposition to World War I. An advisory neighborhood commissioner in southeast Washington, D.C., ran for office while incarcerated—and is working while still in prison.

Even Brazilian President Luiz Inácio Lula da Silva was unofficially on the campaign trail while in prison. His incarcerated status made him ineligible to run, but he still led incumbent Jair Bolsonaro in the polls. After the Supreme Court overturned his conviction, he was elected in October.

A major difference, though, is that Lula condemned an attempt by Bolsonaro supporters to overthrow the country’s democracy. Trump is under investigation for allegedly instigating such an attempt. He faces decades in prison for the charges against him.

In addition to the classified documents case, Trump is under investigation in both Washington and Georgia for his efforts in trying to overturn the 2020 election. Indictments in both of those cases are expected within the next few weeks.

Republicans seem completely unconcerned that their party’s front-runner has been charged with trying to destroy evidence purportedly showing he stole and hid classified national security documents.

Former President Donald Trump is facing three new federal criminal charges in the documents case: two charges of obstruction of justice and an additional charge under the Espionage Act for keeping a highly classified Pentagon war plan on Iran. An employee of his, Carlos De Oliveira, was also charged with trying to erase surveillance video footage related to where the classified docs were moved.

But Republicans don’t care about any of it. House Republican Conference Chair Elise Stefanik may have had the stupidest reaction of the whole lot. “Our Republic is in peril, our justice system is broken,” she declared in a statement.

“The American people understand that Joe Biden and his administration are engulfed in one of the biggest political corruption scandals of all time,” she added, referring to a Republican investigation that has produced no evidence and a star whistleblower who was charged with being a Chinese spy.

Unfortunately, other Republicans were not much better.

“What concerns me is you have a sitting president that has a situation like this … where nothing has happened,” House Speaker Kevin McCarthy said.

Biden, as well as former Vice President Mike Pence, have been found in possession of classified documents. However, in both cases they handed over the documents as soon as they were discovered. Trump did not—and was accordingly charged with obstruction.

Despite CNN’s Manu Raju repeatedly asking the House speaker about the obstruction charge in Trump’s case, McCarthy continued to defend Trump and rant about a “two-tiered system of justice.”

Senator Josh Hawley—who describes himself as “one of the nation’s leading constitutional lawyers”—acted like the charges against the former president and De Oliveira were completely out of bounds.

“It’s so brazen right now, what they’re doing,” Hawley claimed on Fox News Thursday night. “It is really a subversion of the rule of law. I mean, they’re taking the rule of law, turning it on its head, and we cannot allow this to stand.”

“The DOJ’s decision to pursue additional charges against President Trump is further evidence of the politicization of our nation’s top prosecutorial agency,” Senator Marsha Blackburn tweeted Thursday night.

Senator Ted Cruz called for the impeachment of Attorney General Merrick Garland. “The Democrats hate democracy,” he said, blaming the entire party for Trump’s alleged crimes. “They are trying to use the machinery of law enforcement to prosecute him. I think these indictments are a disgrace.”

Republican lawmakers may be rallying behind Trump because they know he still has a hold on the party. A poll released this week found that half of Republicans don’t think that Trump took any classified documents at all. When he says he did nothing wrong, they believe him.