New court filing highlights Georgia’s role in case against Donald Trump

Your daily jolt of news and analysis from the AJC politics team
President Donald Trump attended a rally in Georgia in 2021 to campaign for Sens. David Perdue and Kelly Loeffler.  That rally is now mentioned in a new court filing.

Credit: Curtis Compton / curtis.compton@ajc.com

Credit: Curtis Compton / curtis.compton@ajc.com

President Donald Trump attended a rally in Georgia in 2021 to campaign for Sens. David Perdue and Kelly Loeffler. That rally is now mentioned in a new court filing.

Today’s newsletter highlights include:

  • President Joe Biden visits Georgia today to survey storm damage.
  • Lt. Gov. Burt Jones surprises Valdosta State University football team with Falcons tickets.
  • Former Lt. Gov. Geoff Duncan launches Republicans for Harris in Georgia.
U.S. President Donald Trump arrives with Georgia U.S. Sen. Kelly Loeffler at a campaign rally in Dalton on Jan. 4, 2021.

Credit: TNS

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Credit: TNS

Federal prosecutors are having to rethink their strategy for pursuing historic criminal charges against Donald Trump after the U.S. Supreme Court granted broad immunity to former presidents for their official acts while in office.

And as a newly unsealed court filing from special counsel Jack Smith shows, Georgia will play a prominent role if the case moves forward.

Trump traveled to Georgia on Jan. 4, 2021, for a rally to support former Republican U.S. Sens. Kelly Loeffler and David Perdue in their run-off elections. During that speech, which came just days before Trump’s supporters stormed U.S. Capitol, prosecutors say Trump “demanded that his supporters take action to prevent what he falsely called ‘the outright stealing of elections.’”

“[I]f you don’t fight to save your country with everything you have, you’re not going to have a country left,” Trump told the crowd.

Prosecutors plan to use this speech as evidence that Trump was acting as a candidate and not in his official capacity as president. The filing notes a binder for the trip included a disclaimer from the Hatch Act that “employees of the Federal Government may not use their official title or position when participating in a political event.” The official Presidential Daily Diary from that day says that Trump “made remarks at the Georgia Senate Victory Rally.”

“This nomenclature — the use of the phrase “Victory Rally” — is significant,” prosecutors wrote. “‘Victory’” necessitates one political candidate or party defeating another, and rallies are the kinds of events that candidates hold to excite their supporters and garner votes.”

The filing reveals other evidence prosecutors intend to use that was previously known, including Trump’s phone call to Georgia Attorney General Chris Carr in December 2020.

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Vice President Kamala Harris visits with people impacted by Hurricane Helene in Augusta on Wednesday.

Credit: Carolyn Kaster/AP

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Credit: Carolyn Kaster/AP

GOOD MORNING! The presidential election is in 33 days. Here are three things to know for today:

  • President Joe Biden will visit Georgia today to survey damage from Hurricane Helene. His visit comes a day after Vice President Kamala Harris did the same.
  • A judge threw out a lawsuit against the State Election Board on Wednesday, saying it should have been filed against the state of Georgia instead, the AJC’s David Wickert reports.
  • Here are more details on that story Minnesota Gov. Tim Walz told during the vice presidential debate about his son witnessing a shooting at a community center.

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U.S. Sen. JD Vance of Ohio (left) and Minnesota Gov. Tim Walz participate in a vice presidential debate on Tuesday in New York.

Credit: TNS

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Credit: TNS

THAT WAS FAST. How long does it take for a presidential campaign to cut a TV ad?

Answer: Less than 12 hours.

That’s how quickly Vice President Kamala Harris’ campaign had an ad up featuring footage from Tuesday night’s debate between the presidential running mates.

The campaign is boosting a moment from the debate when Minnesota Gov. Tim Walz asked Ohio U.S. Sen. JD Vance if former President Donald Trump lost the 2020 presidential election.

Vance, who is Trump’s running mate, did not answer the question. Instead, he pivoted to what he said was the bigger threat to democracy: censorship. He appeared to reference Facebook CEO Mark Zuckerberg’s complaint that the Biden administration pressured the company to remove some coronavirus content during the pandemic.

Walz called that a “damning non-answer.”

The campaigns have spent heavily in battleground states with just a few weeks left before the election. From now until Election Day, Harris has reserved $32 million in TV ads in Georgia while Trump has reserved $29 million, per the tracking firm AdImpact.

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Assistant U.S. Attorney General Kristen Clarke speaks about a report on Georgia's prison system at a news conference in Atlanta on Tuesday.

Credit: Arvin Temkar/AJC

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Credit: Arvin Temkar/AJC

PRISON PROBLEMS. Georgia lawmakers will be under pressure when crafting next year’s budget after the federal government this week said it found “unconstitutional conditions” in the state’s prisons.

But any changes requiring more money could be hard to come by, especially since Georgia Gov. Brian Kemp has essentially requested a freeze of most state spending.

Federal officials on Tuesday called for Georgia to take immediate action, including hiring enough people to fill at least 90% of positions. That will be difficult, given that the vacancy rate system wide is around 50%. It’s 70% for the state’s 10 largest prisons.

The Georgia Department of Corrections did not appear eager to make rapid changes, with a spokesperson calling the U.S. Department of Justice report “a fundamental misunderstanding of the current challenges of operating any prison system,” the AJC’s Carrie Teegardin and Danny Robbins reported.

A spokesperson for Gov. Brian Kemp said the governor “echoes the statement made by the Georgia Department of Corrections.” Kemp launched his own review of the prison system earlier this year, hiring a private consulting firm that’s expected to release recommendations next year.

Meanwhile, the state Senate has a special committee studying the “safety and welfare of all individuals” at the Department of Corrections. That committee could release a report by Dec. 1. A state House subcommittee focusing on the prison system’s budget has yet to meet.

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Lt. Gov. Burt Jones surprised the Valdosta State University football team with tickets to a Falcons game.

Credit: Hyosub Shin/AJC

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Credit: Hyosub Shin/AJC

FALCONS RESPITE. Lt. Gov. Burt Jones surprised the Valdosta State University football team with tickets to tonight’s Atlanta Falcons game against the Tampa Bay Buccaneers.

Valdosta State’s campus remains closed this week following extensive damage from Hurricane Helene. The football team has been staying at Georgia State University in Atlanta, using the facilities to prepare for their game on Saturday at Shorter University in Rome.

“I know it’s been a disruptive week and y’all are in Atlanta right now working hard for the big game on Saturday,” Jones told the team in a video message. “I wanted to reward you guys for all your hard work this week by getting each and every one of y’all Falcons tickets for Thursday night’s game.”

Jones said some more stuff after that, but you couldn’t hear him over the wild cheering from the team.

The storm has impacted other Valdosta State athletic teams. The soccer team had to move its home matches against Alabama Huntsville and West Alabama to Americus.

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U.S. President Joe Biden surveyed damage from Hurricane Helene in South Carolina on Tuesday.

Credit: TNS

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Credit: TNS

HELENE’S AFTERMATH. President Joe Biden will spend today visiting cities in Georgia and Florida hit hard by last week’s storm. His itinerary for Georgia includes a tour of the damages in Ray City, where the president will also give a speech.

Biden and Harris’ visits to the state serve, in part, as opportunities to highlight what the administration is doing to help affected residents and business owners.

The administration announced on Wednesday that it had approved Gov. Brian Kemp’s request to increase the federal cost-share for debris removal from 90% to 100% for the initial three months of work.

The number of Georgia counties approved for major disaster declarations, which frees up additional emergency resources, stands at 41. But others could be added as the Federal Emergency Management Administration reviews damages in more areas. The White House says FEMA has already signed off on more than $663,000 payments to Georgia residents.

Georgia U.S. Sen. Jon Ossoff met with people impacted by Hurricane Helene in Augusta on Tuesday.

Credit: Carolyn Kaster/AP

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Credit: Carolyn Kaster/AP

Another message from the Biden-Harris team is that they are in it for the “long haul,” a message of reassurance to communities that face months and possibly yearslong rebuilding efforts.

“There’s a lot of work that’s going to need to happen over the coming days, weeks, and months,” Harris said in Augusta on Wednesday. “And the coordination that we have dedicated ourselves to will be long-lasting to get families, to get residents, to get neighborhoods back up and running.”

Congress is in recess until after the November election. But Georgia U.S. Sens. Jon Ossoff and Raphael Warnock have joined a handful of their colleagues asking to end the recess early so they can approve new disaster aid this month. But that is unlikely to happen with so many members of Congress on the ballot.

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Former Georgia Lt. Gov. Geoff Duncan will help launch a Republicans for Harris initiative today in Roswell.

Credit: TNS

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Credit: TNS

REPUBLICANS FOR HARRIS. Former Georgia Lt. Gov. Geoff Duncan will be in Roswell today to launch a Republicans for Harris initiative.

Duncan will be joined by former Republican U.S. Rep. Joe Walsh of Illinois and Baoky Vu, a Georgia GOP elector who chose to resign in 2016 instead of voting for Trump.

Duncan backed former South Carolina Gov. Nikki Haley in the Republican presidential primary. Now, he’s campaigning for Democratic Vice President Kamala Harris.

Also today, former GOP congresswoman Liz Cheney will join Harris at a campaign stop in Wisconsin. Cheney, the daughter of former Vice President Dick Cheney, has been one of Trump’s strongest critics within the GOP.

It won’t be easy for them to change people’s minds. The latest AJC poll shows Trump still has overwhelming support among Georgia Republicans.

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As Lauryn Daniels walks, a white cloud of chemical smoke extends across the sky. Rockdale County residents were told to shelter in place again on Tuesday.

Credit: John Spink/AJC

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Credit: John Spink/AJC

BIOLAB PLANT SMOLDERS. A white cloud of chemical smoke could hover over the Atlanta area today and tomorrow, the lingering effect of a fire that broke out Sunday at the BioLab plant in Conyers.

Since then, residents nearby have complained that toxic chemicals in the air have caused irritations and headaches. People who live near the plant have been advised to stay inside during the evenings.

U.S. Rep. Hank Johnson, whose district includes Conyers, said the ongoing public health emergency has convinced him that BioLab has to go.

“As the number of people living in and around Conyers and the surrounding area continues to grow, this plant — which stores toxic chemicals — has become a threat to public health and should no longer be allowed to operate at its current location,” Johnson, D-Lithonia, wrote in an email to constituents.

The Sierra Club’s Georgia chapter has also called for the permanent shutdown of the facility.

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Andrea Young, director of the American Civil Liberties Union of Georgia, is a guest today on the "Politically Georgia" show.

Credit: Courtesy photo

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Credit: Courtesy photo

LISTEN UP. Today on “Politically Georgia‚” Andrea Young, director of the American Civil Liberties Union of Georgia, will discuss the state’s abortion law being struck down by a Fulton County judge. Also, the AJC’s Adam Van Brimmer will talk about the impacts of Hurricane Helene and the ports strike on Savannah.

You can listen live at 10 a.m. on WABE 90.1 or follow “Politically Georgia” on Apple Podcasts, Spotify or wherever you get your podcasts. Episodes are uploaded by noon each day, just in time to have lunch with us. Have a question for the show? Give us a call at 770-810-5297.

On Wednesday’s show, PolitiFact Editor-in-Chief Katie Sanders discussed the vice presidential debate and the AJC’s David Wickert talked about Georgia’s election law.

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ON THE CAMPAIGN TRAIL:

  • Vice President Kamala Harris will headline a campaign rally in Oshkosh, Wisconsin.
  • Former President Donald Trump will speak at a campaign rally in Saginaw, Michigan.

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The AJC has published a new voter guide ahead of the November election.

Credit: Miguel Martinez/AJC

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Credit: Miguel Martinez/AJC

VOTER GUIDE. The election is a little over a month away. Do you know who and what will be on your ballot?

The AJC has you covered. Check out our voter guide at AJC.com. Just enter your address and we’ll show you exactly what will be on your ballot. More than that, we’ll give you detailed information on the candidates’ background and viewpoints — but only for those who responded to our questionnaire.

You can also find answers to frequently asked questions about the election process and sign up for email alerts for races that interest you.

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Today is the birthday of Democratic state Rep. Tanya Miller of Atlanta.

Credit: Natrice Miller/AJC

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Credit: Natrice Miller/AJC

SHOUTOUTS. Today’s birthdays:

  • State Rep. Danny Mathis, R-Cochran.
  • State Rep. Tanya F. Miller, D-Atlanta.

Want a birthday shoutout in the Politically Georgia newsletter? There’s a form for that! Click here to submit the shoutouts. It’s not just birthdays. We’re also interested in new jobs, engagements, birth announcements, etc.

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AS ALWAYS, send your best scoops, gossip and insider info to greg.bluestein@ajc.com, tia.mitchell@ajc.com, patricia.murphy@ajc.com and adam.beam@ajc.com.