Judge to rule soon if Kemp can be forced to comply with Fulton grand jury subpoena

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August 26, 2022

FILE PHOTO - Gov. Brian Kemp is asking Fulton County Superior Court Judge Robert McBurney to quash a subpoena in the investigation into interference in the 2020 presidential election by a special grand jury. (Ross Williams/Georgia Recorder)

(GA Recorder) — A Fulton County judge will decide whether Georgia Gov. Brian Kemp must testify before a special grand jury after prosecutors and state attorneys sparred in court Thursday over the investigation into possible interference in the 2020 election.

Kemp’s attorneys argued before Superior Court Judge Robert McBurney that Kemp is protected under state law from forced compliance with a subpoena. Fulton prosecutors issued the subpoena after their negotiations with the governor’s lawyers for a voluntary appearance turned sour.

Kemp’s legal team has accused Fulton District Attorney Fani Willis of targeting Kemp for political reasons and argues the governor shouldn’t have to appear before the jury until after the Nov. 8 election when Kemp faces a challenge from Democratic nominee Stacey Abrams.

Kemp was originally expected to provide the special grand jury with his videotaped testimony back in June, but the cooperation dissolved into bickering between the Republican governor and the Democrat-led district attorney’s office.

After the 2020 election, Kemp refused to call a special legislative session requested by President Donald Trump and allies in order to block the certification of Democrat Joe Biden’s win. Willis wants to ask Kemp about the pressure Trump and his allies heaped on him to call a special session of the Legislature to overturn Joe Biden’s Georgia victory.

Since its June convening, the special grand jury has reportedly heard from dozens of witnesses, including Trump’s personal lawyer Rudy Giuliani and Georgia Secretary of State Brad Raffensperger. The 23-member panel will recommend whether prosecutors should pursue criminal charges related to efforts to overturn the 2020 presidential election.

The governor’s lawyers said Kemp can’t be forced to testify about activities he performed under his official duties as governor because he’s protected by sovereign immunity.

Kemp’s lawyer Derek Bauer told McBurney that since the special grand jury cannot indict people as a regular grand jury can, its investigative role is considered a civil matter, so the governor is exempt from complying.

“What jumps out to me is that (prosecutors) think their authority is unlimited and that they are performing a criminal investigation,” he said. “It’s not a criminal investigation and a civil investigation has no authority under state law to investigate a state authority.”

McBurney asked the state’s attorneys several times why this wasn’t a criminal investigation, similar to how police officers and the Georgia Bureau of Investigation also cannot indict.

The judge said there is no indication that Kemp is anything more than a potential victim who was targeted by Trump’s allies.

“I get that a special grand jury cannot bring charges but why does that mean it’s not a criminal investigative body?” McBurney said. “A police officer can’t indict someone but if a police officer is asking questions, it’s a criminal investigation.”

Kemp’s lawyers said he has been put in an uncomfortable position while trying to uphold the state constitution. The states attorney’s call for granting Kemp sovereign immunity, a legal concept dating back to the British doctrine that the King could do no wrong, led to a quick exchange between Bauer and the judge.

“The governor is not above the law,” Bauer said. “He’s just the king,” McBurney interjected.

Bauer responded, “he’s the state, he’s not the king.”

“We’re not looking for an unnecessary fight but he has to protect future governors from overzealous district attorneys,” Bauer said.

But prosecutor Daniel Wakeford noted that under state law, a special grand jury can investigate any type of violation.

Gov. Brian Kemp is asking Fulton County Superior Court Judge Robert McBurney to quash a subpoena in the 2020 presidential investigation special grand jury. On Thursday, prosecutor Daniel Wakeford explains to McBurney why he disputes Kemp attorneys claiming that the governor is protected by sovereign immunity. Stanley Dunlap/Georgia Recorder

“In the district attorney’s request to (impanel), it clearly says over and over that there could be possible criminal disruptions to the state,” Wakeford said.

Both sides Thursday continued their dispute over why agreements for Kemp to voluntarily testify in June and August eventually disintegrated into the governor’s unwillingness to answer questions.

Kemp attorney Brian McEvoy accused prosecutors of not being willing to go over the scope of the investigation beforehand, thereby putting Kemp in a bind.

In a terse letter last week, Willis chided Kemp and his attorneys.

“I never heard of a subpoena because we had been operating in good faith for over a year and then I heard a change in tone (from prosecutors),” McEvoy said during Thursday’s two-hour hearing.

Prosecutors insist that they are unwilling to comply with state attorneys’ demands to provide questions beforehand.

Wakeford said Kemp’s role wouldn’t have attracted as much attention if he wasn’t publicly fighting the subpoena.

It is likely that publicity about Kemp’s potential testimony would have remained low key if he had simply followed through with the terms he had agreed to with testifying earlier this month.

“There wouldn’t have been a story, no controversy,” Wakeford said.

Anthony Michael Kreis, a constitutional law professor at Georgia State University, said McBurney seemed skeptical Thursday about the state’s using sovereign immunity as a defense.

State attorneys representing Kemp indicated if McBurney upholds the subpoena they will appeal.

Other probe targets fight subpoenas

Fulton prosecutors have been busy over the last month fending off a flurry of attempts to block subpoenas made by Kemp, U.S. Sen. Lindsey Graham and members of Trump’s inner circle, including Giuliani, who spent six hours on the stand last week.

In a ruling Thursday, McBurney denied motions to quash subpoenas issued to 11 Georgia Republicans who, during a secret December 2020 meeting at the Capitol, served as fake Republican electors and cast illegitimate votes for Trump.

In the meantime, Graham scored a legal victory over the weekend when the 11th Circuit Court of Appeals delayed South Carolina official’s testimony.

Graham’s attorneys have been asked to submit their final arguments next week before Judge Leigh Martin May who will decide how much Graham can be compelled to talk about since there are congressional protections regarding speech and debate.

Graham contacted the Georgia secretary of state’s office twice following Election Day to ask about disallowing questionable absentee ballots, a call that the state’s chief of elections called concerning.

As the Fulton case unfolds, a similar U.S. Justice Department investigation is underway and a special U.S. House committee continues to examine the events leading up to the January 6, 2021 attack on the U.S. Capitol.

Gwen Keyes Fleming, former DeKalb County District Attorney, said Willis and her team are focused on uncovering facts as they would in any other case.

“We all know as things heat up, defensive attorneys are required to zealously represent their clients and we would not expect anything else in this case,” she said during a briefing hosted by the States United Democracy Center. “Prosecutors are used to that dynamic, and Fani’s team will continue to move forward in a very deliberate and cautious fashion to be able to bring justice to the citizens of Fulton County.”

ACC preview: No. 4 Clemson aims for return to top of league

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Aaron Beard, AP Sports Writer

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August 26, 2022

FILE - Clemson quarterback DJ Uiagalelei looks to pass during the first half of an NCAA college football game against Syracuse in Syracuse, N.Y., Friday, Oct. 15, 2021. Uiagalelei is among nine returning offensive starters for Clemson. (AP Photo/Adrian Kraus, File)

Fourth-ranked Clemson is determined to follow a year of change with a return to the top of the Atlantic Coast Conference.

The Tigers saw their six-year run as champions snapped last year, then the Tigers lost coordinators on both sides of the ball to head-coaching jobs. Yet Dabo Swinney’s team is favored again ahead of teams like No. 13 North Carolina State, No. 16 Miami, No. 17 Pittsburgh and No. 22 Wake Forest.

“Not many guys on this team had really experienced anything other than winning championships,” Swinney said. “So we go into this with a different perspective. Is it any easier to win? I don’t think so.”

The Tigers’ “stumble” still came with double-digit wins for the 11th straight season, though they lost two ACC games – at N.C. State in double overtime and at eventual league champ Pittsburgh – for the first time since 2014.

They return nine offensive starters, including quarterback D.J. Uiagalelei, and six defensively with a fearsome front featuring preseason all-ACC picks Bryan Bresee and Myles Murphy. But the people leading those units have changed with the departures of offensive coordinator Tony Elliott (Virginia) and defensive coordinator Brent Venables (Oklahoma), a rare break of continuity from two national-title runs.

If Clemson can get back to the top, that will mark its seventh ACC title in eight seasons. That’s would be an unprecedented run, re-kindling memories of Florida State’s tear through the league in the 1990s.

“We were blessed to come out with a 10-win season, win six in a row at the end,” offensive coordinator and quarterbacks coach Brandon Streeter said. “A lot of teams wish they could’ve been in our shoes.”

THE FAVORITES

Clemson: The Tigers have won 59 of 64 games against ACC opponents dating to the 2015 season.

N.C. State: Dave Doeren’s Wolfpack posted the second-highest vote total among league teams to win the title with 17 returning offensive and defensive starters. But N.C. State must beat out Clemson in the Atlantic to reach the Dec. 3 title game in Charlotte. The Wolfpack’s No. 13 ranking matches the program’s best in the preseason AP poll set in 1975.

Miami: First-year coach Mario Cristobal’s Hurricanes are picked as the Coastal favorite with seven returning offensive and defensive starters, including returning Associated Press newcomer of the year Tyler Van Dyke at quarterback.

TOP PLAYERS

QB Devin Leary, N.C. State: The preseason league player of the year ranked among the national leaders in passing touchdowns (35), yardage and efficiency for a nine-win team.

WR Josh Downs, North Carolina: A big-play threat at all times, Downs had 1,335 yards and eight touchdowns receiving last year while ranking sixth in the Bowl Subdivision ranks in catches per game (7.8).

RB Sean Tucker, Syracuse: The ACC’s leading rusher ranked fourth in FBS (124.7) en route to becoming a second-team Associated Press All-American.

QB Malik Cunningham, Louisville: The veteran with 38 career starts is a dual-threat weapon who ranked fourth in FBS with 20 rushing TDs.

REIGNING CHAMPS

Pittsburgh won the program’s first ACC title behind quarterback Kenny Pickett as the AP league offensive player of the year and prolific receiver Jordan Addison.

“It seems like forever ago,” coach Pat Narduzzi said.

Both are among significant losses at the offensive skill positions, though the Panthers have seven returning defensive starters that include preseason all-ACC picks Habakkuk Baldonado and Calijah Kancey up front.

HARTMAN’S STATUS

The status of Wake Forest quarterback Sam Hartman is a story to watch. He was one of the nation’s top quarterbacks in leading a high-scoring offense for a team that won the Atlantic Division and reached the ACC title game, but he’s out indefinitely while being treated for a non-football medical condition.

That could mean third-year freshman Mitch Griffis or fourth-year sophomore Michael Kern opens the year as a first-time starter.

COASTAL OVERHAUL

All four of the league’s new coaches reside in the Coastal Division with Cristobal, Elliott, Duke’s Mike Elko and Virginia Tech’s Brent Pry. All but Cristobal are first-time head coaches, adding another variable to the always-unpredictable Coastal Division race in the final season for the league with its two-division format.

GAMES TO WATCH

Clemson at Wake Forest, Sept. 24: The Tigers visit the Demon Deacons in a key matchup for the Atlantic Division race.

N.C. State at Clemson, Oct. 1: The preseason picks as the league’s top two teams meet in Death Valley.

Wake Forest at N.C. State, Nov. 5: This instate matchup largely decided last year’s Atlantic race.

Miami at Clemson, Nov. 19: The preseason division favorites meet in a potential preview of the league title game two weeks later.

PRESEASON PICKS

ATLANTIC: Clemson, N.C. State, Wake Forest, Louisville, Florida State, Boston College, Syracuse.

COASTAL: Miami, Pitt, UNC, Virginia, Virginia Tech, Georgia Tech, Duke.

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AP Sports Writer Pete Iacobelli in Clemson, South Carolina, contributed to this report.

Baldwin Council proposes hefty tax increase; first public hearing Aug. 29

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Staff Report

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August 25, 2022

Baldwin residents will see a significant increase in their 2022 property taxes if the city council approves their proposed millage rate increases.

With recent reassessed values and county taxes factored in, the owner of a home valued at $100,000 in 2021 could expect to pay approximately $433 more in taxes this year if they live on the Habersham County side of Baldwin. A homeowner on the Banks County side would see their tax bill rise by approximately $265.

Proposed increase – Habersham

The Baldwin City Council has proposed a 2.549 millage rate increase for properties on the Habersham side of the city and a 1.78 mill increase for properties on the Banks County side. (Banks County uses Local Option Sales Tax dollars to offset property taxes and Baldwin receives a portion of those LOST funds.)

The 2021 millage rate for Baldwin/Habersham was 6.793. If approved, the 2022 millage rate would be 9.342, resulting in a 38% increase in property taxes from the previous year and a 58% increase over the rollback millage rate.

The Baldwin City Tax Digest for Habersham has increased this year by $10,316,67 with residential property valuations making up 75% of that increase. The average residential property valuation on the Habersham County side increased by 23%.

The city anticipates collecting $742,588 from Baldwin/Habersham and $83,790 from Baldwin/Banks. In 2021, anticipated collections were $469,889 and $33,486, respectively.

Proposed increase – Banks

Baldwin’s proposed 3.465 millage rate for Banks County property owners represents an increase of just over 106% and a 166% increase over the rollback millage rate. In 2021, the millage rate was 1.68.

The Baldwin City Tax Digest for Banks has increased overall by $4,249,556 with residential property valuations making up 74% of that increase. The average residential property valuation increased on the Banks County side by just over 25%.

Under the proposed millage plans, Baldwin anticipates collecting approximately $826,378 in property taxes, an increase of 64.17% over 2021’s anticipated collections of $503,375.

After reviewing Baldwin Financial Statements from prior years (available at (ted.cviog.uga.edu/financial-documents), the city has a fund balance of $1,430,726. In FY2021 alone, the city had a surplus of $431,853.

Baldwin City Council will be holding three public hearings to discuss the proposed millage rate increase. The meetings will be held at the Baldwin Municipal Courtroom at 155 Willingham Avenue on August 29, 2022, at 6:30 p.m.; September 6, 2022, at 6:30 p.m.; and September 12, 2022, at 6:30 p.m.

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This article has been updated with corrected figures to show that the proposed millage rate increase on the Habersham side would be 2.549 mills representing an increase of 38%.

Death investigation launched after woman’s body discovered in area motel

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Staff Report

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August 25, 2022

Authorities are investigating the death of a woman whose body was found in a local motel.

Around 10:30 a.m. on Friday, August 19, White County 911 dispatched Cleveland police to the M Star Motel at 300 North Main Street. A 911 caller reported a woman was found unresponsive in one of the guest rooms. Police identified the woman as 23-year-old Katelyn Baker of Cleveland.

“The cause of death was not able to be determined and an autopsy was requested to be performed,” says Cleveland Police Chief Jeff Shoemaker.

White County Coroner Ricky Barrett says they’re still waiting on toxicology reports.

The Cleveland Police Department, Appalachian Regional Drug Task Force, and White County Coroner’s Office are actively investigating the matter.

Georgia targets $100M from feds to aid police, cut violence

By

Jeff Amy

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August 25, 2022

police — Georgia Gov. Brian Kemp is pumping $100 million of federal COVID relief aid into public safety. It's the third round of COVID relief money Kemp has released in recent days, infuriating Democrats who point out he opposed the money when Democrats approved it in Congress and Republicans voted against it.

ATLANTA (AP) — Georgia will give out $100 million in federal COVID-19 money to bolster policing and reduce violence, Gov. Brian Kemp announced Thursday.

Local agencies can apply for up to $1.5 million apiece if they can show that violent gun crimes and other violence got worse during the pandemic in their communities. State agencies can’t apply.

“With these funds, I am sending reinforcements to those on the front lines to help with recruitment and retention, crime reduction, violence intervention, and equipment and technology,” the Republican Kemp said in a statement. “I look forward to the positive impact these investments will have and expect local governments to take full advantage of these available funds to take the fight to the criminals.”

It’s the third announcement spending federal pandemic relief funds that Kemp has made in recent days as he runs for reelection, with more likely to come. The announcements infuriate Democrats, who say Kemp is using money he opposed to bolster his chances against Democrat Stacey Abrams.

“Once again, Brian Kemp is turning to funds provided by Democrats’ American Rescue Plan, which he called ‘a slap in the face for hardworking Georgians’ and urged Georgia’s U.S. senators to oppose,” state Democratic Party spokesperson Max Flugrath said in a statement.

FILE PHOTO – Gov. Brian Kemp and his wife, Marty, stand surrounded by new law enforcement graduates from the Athens Police Academy in June 2022. (Olive Mead/Governor’s Office)

Kemp has been hammering Abrams on the stump and in advertising, claiming that her statements and her membership on the boards of the Black Voices for Black Justice Fund and Marguerite Casey Foundation show she favored defunding the police. Abrams says she does not support defunding the police. In a public safety plan released in June, Abrams said she actually supports increasing police funding, proposing to raise starting pay for state trooper cadets, prison guards and juvenile justice guards to $50,000, at a cost of $182 million over two years.

Abrams also called for $25 million in grants to raise officer pay and subsidize housing, saying local agencies would have to adopt state best practices to be eligible.

Kemp rolled out endorsements from 102 of Georgia’s 159 sheriffs in June and was endorsed Thursday by the Fraternal Order of Police. While Kemp touts his “back the blue” stance, state documents make clear that much of the money could go to other programs that aim to reduce violence – programs that Abrams supports.

One use of the grants announced Thursday would be to hire back for public safety positions that were eliminated or went unfilled between January 2020 and March 2021. Agencies could also hire more officers than they had before the pandemic if they meet certain federal qualifications.

The money can also go for items including hiring outreach workers to try to persuade people who are violence-prone to choose other ways of addressing their problems, according to a document published by the state Office of Planning and Budget. For example, some hospital-based programs reach out to shooting victims and their family and friends to try to deter them from seeking revenge. Abrams supports violence intervention programs in her plan.

The grant document also spotlights programs that respond to certain police calls with mental health professionals and other non-police personnel. Georgia lawmakers this year passed a bill requiring the state’s 23 community service boards to provide mental health co-responders to any local law enforcement agency that wants them, and the grants could fund that program.

The grants could also be used to pay for equipment and technology that allows police to respond to rising gun violence.

Applications are due Nov. 18 and state officials are likely to decide who gets the money in January. Funds have to be spent by Oct. 31, 2026.

Lady Indians earn split, making history along the way; 100 wins for coach Matt Heyl

By

TFS Athletics

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August 25, 2022

TFS volleyball — TFS celebrates Heyl's 100 wins (TFS Athletics)

The TFS Lady Indians traveled Thursday to Apalachee, earning a win over the host school while dropping a match against Loganville. The original plan included playing Oglethorpe as well, but it backed out of the quad match.

TFS won 2-0 against Apalachee, claiming a 25-21 win in the first set and nailing down the match with a 25-17 second set. Loganville won the second match with a 25-22 first set and a 25-16 second set.

With the win over Apalachee, coach Matt Heyl reached 100 career wins. The team celebrated the occasion, and TFS will recognize Heyl’s milestone victory at the next home match on September 6.

The Lady Indians move to 5-2 overall, and are back in action Saturday in the region-opener against host Commerce and Prince Avenue Christian.

MATCH SCORES:
TFS W 2-0 vs Apalachee: 25-21, 25-17
TFS L 0-2 vs Loganville: 22-25, 16-25

COACH MATT HEYL REACHES 100 WINS

When the dust settled on the 2-0 win over Apalachee on Thursday evening, coach Matt Heyl hit a major milestone of 100 career wins in his time at Tallulah Falls. In the early part of what marks his fifth season over the Lady Indians, Heyl collects the momentous win, as he has averaged nearly 24 wins per season from 2018-21. His win percentage sits around .600 through four-plus seasons.

Heyl has the Lady Indians off to a solid 5-2 start to the season, and now has a career mark of 100-67. He has guided the program to four consecutive area runner-up finishes and state playoff berths, including three trips – and two straight – Sweet 16 runs. Three times his TFS team has won 20-plus games, including a school record 31 in 2018.

Coach Heyl’s ability to win big games is well-documented, as he has led the Lady Indians to 13 wins and counting over state-ranked opponents, which includes last season’s win over #1-ranked and undefeated Murphy (NC). Under Heyl, the TFS volleyball program has set all of its team records, as well as nearly all individual records.

Heyl’s teams have also included four 1st Team All-Region selections, four 2nd Team All-Region picks, and a pair of Honorable Mentions.

He has coached volleyball for over 25 years at multiple levels, including at the Division-II level in Sweden. His own playing career spans over 27 years, with much success in beach volleyball. While in college, he qualified for a professional beach tour along the east coast, and while playing indoor in Florida, was twice on a team that was ranked #1 twice and qualified for two national tournaments.

At TFS, he has led several next-level athletes, including Abby Carlan (’21, Truett McConnell), Katy Corbett (’21; Mercer beach volleyball), Nancy Fisher (’22, Toccoa Falls), and Alba Romanos Gracia (’22, Ventura College beach & indoor volleyball).

For Heyl and TFS, there is much more to come in 2022 and beyond. The current team contains two-time 1st Team All-Region honoree Sarah Jennings, a future college standout who is on pace to break three of the school’s all-time records. The team also includes several other playmakers, including Kitty Rodenas, Addy McCoy, and Elsa Sanchez to name a few.

TFS will honor Heyl at the next home match prior to first serve, which is slated for September 6 against Anderson (SC).

John W. “Johnny” Andrews, Sr.

By

Now Habersham

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August 25, 2022

John W. “Johnny” Andrews, Sr., age 86 of Gainesville entered heaven Thursday, August 25, 2022, at the Northeast Georgia Medical Center, Gainesville.

Johnny was born July 6, 1936, in Atlanta to the late Woodrow Wilson & Louise Elizabeth Reynolds Andrews. He proudly served in the United States Army Reserves & the Air Force Reserves. Johnny retired from Sears with 39 years of service and was a member of Riverbend Church. He loved his church where he served as a deacon for a number of years until receiving the deacon emeritus status. Johnny coached little league baseball, coaching the Reds & the Yankees. He was a family man. Family was very important to Johnny and that love has been passed on to everyone who knew & loved him.

Left to cherish precious memories, wife, Mary Frances Andrews; sons, J. (Dani) Andrews & Rob (Lori) Andrews; daughter, Beth (Bill) Moffett; grandchildren, Tyler, Tucker, Sariah, Alyssa, Ashleigh, Walker & John Bishop; great-grandchildren, Jase, Eva, Emmie, Mylah, Bella & 1 more on the way.

Funeral services honoring Johnny will be held at 2:00 p.m. Saturday, August 27, 2022, at the Riverbend Church with Rev. Maxey Ladd & Rev. Joe Payton officiating. He will be laid to rest at the Alta Vista Cemetery. The family will receive friends from 12:00 p.m. until 1:30 p.m. Saturday at the church.

The family has asked that all past & present deacons of Riverbend Church serve as honorary pallbearers and are asked to assemble at the church by 1:30 p.m. in foyer B of the church.

The family would like to say a special thank you to Hospice of Northeast Georgia Medical Center for the compassionate care they showed to the family.

Please share online condolences & you may sign the guestbook at www.wardsfh.com. Ward’s Funeral Home is honored to serve the family of John W. Andrews, Sr.

Cleveland man jailed after allegedly assaulting his mother

By

Staff Report

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August 25, 2022

Phillip Gillenwater (White County Sheriff's Office)

White County deputies had to forcibly remove a man from a home Wednesday after he allegedly assaulted and injured his mother, sheriff’s officials say.

At 6:50 p.m. on August 24, deputies responded to a domestic incident at 23 Bear Lovers Court. The victim was visibly injured, leading deputies to attempt to contact her son, 37-year-old Phillip James Gillenwater, who they identified as the suspect.

White County Sheriff’s Capt. Clay Hammond says deputies could see Gillenwater inside the residence but he refused to leave or communicate with them. After obtaining warrants, deputies entered the residence.

“Phillip continued to resist and would not follow the deputies’ orders, but was taken into custody,” says Hammond.

Deputies charged Gillenwater with felony obstruction of law enforcement officers, aggravated assault, and battery under the Family Violence Act.

As of Thursday morning, August 25, Gillenwater remained in the White County Detention Center. No bond has been set.

Gov. Brian Kemp fights subpoena in Georgia election probe

By

Kate Brumback

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August 25, 2022

Kemp-visits-Cornelia — (Hadley Cottingham/Now Habersham)

ATLANTA (AP) — The judge presiding over a special grand jury that’s investigating possible illegal attempts to influence the 2020 election in Georgia is wading into a fight over whether Republican Gov. Brian Kemp has to testify before the panel.

Fulton County Superior Court Judge Robert McBurney, who’s supervising the special grand jury, scheduled a hearing for Thursday morning after a dispute between lawyers for the governor and Fulton County District Attorney Fani Willis’ team of prosecutors escalated from tense emails to court filings in recent weeks.

The increasingly heated rhetoric is playing out as the Republican governor, who is seeking reelection in the fall, seeks to avoid speaking to a special grand jury looking into whether former President Donald Trump and his allies broke any laws as they tried to overturn Trump’s narrow election loss to Democrat Joe Biden. Kemp’s lawyers have accused Willis, a Democrat, of pursuing his testimony for “improper political purposes,” an allegation the district attorney strongly denies.

Willis’ investigation was prompted by a January 2021 phone call between Trump and Georgia Secretary of State Brad Raffensperger during which the then-president suggested the state’s top election official could “find” the votes needed to overturn his loss.

Raffensperger and some other state officials have already appeared before the special grand jury, but Kemp is one of a number of potential witnesses who are fighting orders to testify.

U.S. Sen. Lindsey Graham, R-S.C., whose telephone calls to Raffensperger and his staff in the weeks after the election are of interest to prosecutors, was supposed to testify earlier this week, but a federal appeals court put that on hold while he fights his subpoena.

A judge in Texas last week ordered Dallas-based lawyer and podcaster Jacki Pick to travel to Atlanta to testify, and her attempt to challenge that order was denied Tuesday by an appeals court. Pick, who’s also known as Jacki Deason, gave a presentation before a Georgia legislative committee in December 2020 in which she alleged fraud by election workers at State Farm Arena in Atlanta.

Willis has said she’s considering summoning Trump himself to appear before the grand jury, a step that would surely set off a legal fight. The high-stakes investigation is one in a string of serious legal threats the former president is facing.

Willis told Kemp attorney Brian McEvoy in a June email that she and her team wanted to ask the governor, among other things, about the call between Trump and Raffensperger. Trump also called Kemp in December 2020 asking him to order a special legislative session to secure the state’s electoral votes for him.

After an agreement to have the governor sit for a recorded interview fell apart, the district attorney’s office got a subpoena to have the governor testify on Aug. 18, according to court filings. The day before he was to testify, Kemp’s lawyers filed a motion to quash that subpoena.

During Thursday’s hearing, McBurney will determine whether Kemp has to abide by the subpoena.

Kemp’s lawyers argue that he is protected from testifying about his official duties by “sovereign immunity,” a principle that says the state can’t be sued without its consent. They also cited executive privilege, saying any material related to the governor’s deliberative process and communications is protected. And they raised attorney-client privilege, saying the governor routinely sought advice from his office’s attorneys in relation to the 2020 election and shouldn’t have to testify about that.

Willis’ team has argued that sovereign immunity and executive privilege don’t apply in this case and that they would avoid any topic that may be subject to attorney-client privilege.

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Associated Press writer Jamie Stengle in Dallas contributed to this report.

Caregiver shortage extends wait for Georgians needing help with intellectually disabled

By

Jill Nolin

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August 25, 2022

Celeste Chippero, who is lives in Roswell, says she is frustrated the state’s waiting list for services for people with disabilities was ever allowed to swell to more than 7,000 people. Her son Peter has been on the list for five years. Jill Nolin/Georgia Recorder

(GA Recorder) — Celeste Chippero moved from Michigan to Georgia feeling confident she would find support services for her son Peter, who has cerebral palsy.

Instead, her now 32-year-old son has spent the last five years on a waiting list for services through a Medicaid program for people with intellectual and developmental disabilities, which now includes more than 7,000 people.

“The greatest fear as a parent: What happens when I’m gone? We need programs that support the severely disabled,” Chippero said, her voice breaking. “And that aren’t warehousing them or institutionalized. He deserves a life where he can enjoy the things that he does. He can still learn, and he is a joy, and he should be a part of the community.”

For more information about upcoming committee meetings or to submit written testimony, visit the Senate study committee’s website.

State lawmakers funded 513 slots at a cost of $10.3 million in this year’s budget, and in July, the first month of the new budget year, 31 people gained access to waiver services in Georgia. About 42 people each month would need to gain services over the course of the year to fill all the newly funded spots.

But the push to more aggressively fund the waiting list has been slowed by the realities of a workforce that was strained long before the pandemic-spurred worker shortages. For people with disabilities, that means accessing waiver services may not necessarily mean receiving help.

“We’re in a situation where we have two waiting lists,” said state Sen. Sally Harrell, an Atlanta Democrat. “We have the first waiting list for being approved for the waivers, and we have the second waiting list to find the service providers.”

Harrell is co-chairing a study committee this fall with Republican Sen. John Albers that is examining what needs to be done to avoid that wait to find the direct service professionals who assist people with daily tasks like eating and bathing but also help them make their own choices and live and work in the community. The committee is expected to issue recommendations.

The panel, which includes lawmakers and representatives from state agencies, heard Wednesday from service providers stretched beyond their limits and family members desperate for help.

“I think we are absolutely in an emergency situation,” Harrell told reporters after the meeting.

Worker wages – based largely on Medicaid reimbursement rates – have been pegged as the primary culprit for frequent turnover and employees leaving for other jobs. In Georgia, the average hourly rate for a direct service professional is about $11.

Ryan Whitmire, president and CEO of Developmental Disabilities Ministries based in Norcross, said he is losing workers to Amazon warehouses. Whitmore said his organization plans to close a home in Tucker to relocate the available staffers.

“It’s not a level playing field anymore, and it’s a very challenging job,” Whitmire said.

State leaders last year approved a small 5% rate increase for providers at a cost of $12 million, and they included another 2% increase at a cost of $5 million in this year’s budget.

The state Department of Behavioral Health and Developmental Disabilities is currently doing a comprehensive rate study, which is expected to be finished by the end of the year.

The panel heard Wednesday from service providers stretched beyond their limits and family members desperate for help. Jill Nolin/Georgia Recorder

Diane Wilush, president and CEO of United Cerebral Palsy of Georgia, said she expects the study to show that a sizable investment is needed to pull pay rates up to where they need to be.

She is hopeful state lawmakers will make a “good faith down payment” to get rates up to $15 per hour this coming legislative session, which begins in January. But she is urging legislators to fully fund the study’s recommendations the following year – and then plan for cost-of-living increases to keep wages from falling behind again.

“Don’t piecemeal it. Don’t say, ‘Well, we’ll do this much this year and this much this year.’ They’ve got to do it comprehensively,” said Wilush, who is also a board member of the state Service Providers Association for Developmental Disabilities.

“We’re paying the piper for neglect and negligence of this sector of our population for 30 years. This is the aftermath of not routinely addressing the needs of this population. But everybody tells us how admirable our work is. Well, Publix doesn’t take admirable,” she said.

The rapidly rising housing costs are another barrier, particularly in areas like affluent north Fulton County, said Whitney Fuchs, CEO of InCommunity.

“The availability of housing for the people that we employ is key,” Fuchs said. “Because without that housing, they’re going to be traveling long distances to get to where they are. Our folks that work in North Fulton, they come from Conyers, they come from Fairburn, they come from Union City. They’re driving 40 and 50 miles each way every day for a salary of $12 an hour.”

White County buys land for new tax commission office

By

Dean Dyer

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August 25, 2022

White County is in the process of purchasing a nearly 4 acre lot north of Cleveland for the construction of a new tax commission office. (wrwh.com)

The White County Commission will soon close a land deal to pave the way for construction of a new tax commission office. During their meeting Tuesday, the commissioners announced they entered into a contract back in June on 3.599 acres located at 538 North Main Street in Cleveland – a vacant lot located just north of Ingles on the north side of town.

In announcing the deal, commission chair Travis Turner said the purchase price is $590,000. The sellers were identified as Gerald Sims and Todd Turner.

According to Turner, the property adjoins the 17 acres White County bought back in January of this year. Turner said the latest purchase will provide an additional access point to the larger tract but, more importantly, will be the site where the county will build the new County Tax Commission Office, something White County Tax Commissioner Cindy Cannon has been seeking for years.

“We’ve been promising the tax commissioner for about six years we were going to build her a building, it’s time to come through on it,” said White County Commissioner Edwin Nix.

The preliminary plans for the new building have been completed and the county will be working with Charles Black Construction to build it, starting sometime in early fall.

Turner said the property is ready to build – no major grading is needed. The size of the tract will also accommodate a second building which will be determined at a later date.

White County will use SPLOST funds to pay for the property and is expected to close on the land deal in the next week to 10 days.

Teen brothers charged with robbing taxi driver at gunpoint

By

Staff Report

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August 25, 2022

Two Gainesville teenagers have been charged as adults after allegedly robbing a taxi driver at gunpoint.

Authorities on August 24 arrested brothers Emmanuel Mendoza, 14, and Ismael Mendoza, 16. The Mendozas are suspects in an armed holdup last week on Floyd Road, east of Gainesville.

According to the preliminary investigation, on the afternoon of August 19, a 46-year-old male taxi driver responded to a call for service in the 1600 block of Floyd Road.

“When he arrived at the pickup location, an unknown number of individuals pointed guns at him and demanded money,” a news release from the Hall County Sheriff’s Office states. “The victim complied, and the suspects ran off on foot.”

After the robbery, deputies checked the area but did not find any suspects.

Hall County investigators charged the Mendoza brothers after Gainesville police took them into custody while investigating a similar armed robbery in the area of Lee Street in the city.

Both robberies remain under investigation.