15 Mar 2024

Fulton County DA Fani Willis must step aside or remove special prosecutor in Trump case, judge says

by | posted in: Politics | 0

By KATE BRUMBACK (Associated Press)

ATLANTA (AP) — Fulton County District Attorney Fani Willis must step aside from the Georgia election interference case against Donald Trump or remove the special prosecutor with whom she had a romantic relationship before the case can proceed, the judge overseeing it ruled Friday.

Fulton County Superior Court Judge Scott McAfee did not find that Willis’ relationship with special prosecutor Nathan Wade amounted to a conflict of interest that should disqualify her from one of four criminal cases against the Republican former president.

However, the judge said, it created “appearance of impropriety” that infected the prosecution team, and he questioned the truthfulness of Willis and Wade’s testimony about the timing of their relationship.

“As the case moves forward, reasonable members of the public could easily be left to wonder whether the financial exchanges have continued resulting in some form of benefit to the District Attorney, or even whether the romantic relationship has resumed,” the judge wrote.

“Put differently, an outsider could reasonably think that the District Attorney is not exercising her independent professional judgment totally free of any compromising influences. As long as Wade remains on the case, this unnecessary perception will persist.”

A spokesperson for Willis did not immediately respond to a text message seeking comment Friday.

An attorney for Trump said they respect the court’s decision but believe the judge “did not afford appropriate significance to the prosecutorial misconduct of Willis and Wade.”

“We will use all legal options available as we continue to fight to end this case, which should never have been brought in the first place,” defense attorney Steve Sadow said.

Willis hired Wade to lead the team to investigate and ultimately prosecute Trump and 18 others accused of participating in a wide-ranging scheme to illegally try to overturn Trump’s narrow loss to Democrat Joe Biden in Georgia in 2020. Willis and Wade testified at a hearing last month that they had engaged in a romantic relationship, but they rejected the idea that Willis improperly benefited from it, as lawyers for Trump and some of his co-defendants alleged.

McAfee wrote that there was insufficient evidence that Willis had a personal stake in the prosecution. But he condemned what he described as a “tremendous” lapse in judgment and the “unprofessional manner of the District Attorney’s testimony.”

The judge said he was unable to “conclusively establish by a preponderance of the evidence” whether Willis and Wade began dating before or after he was hired as special prosecutor.

“However, an odor of mendacity remains,” the judge wrote. He said “reasonable questions” about whether Willis and Wade testified truthfully about the timing of their relationship “further underpin the finding of an appearance of impropriety and the need to make proportional efforts to cure it.”

Even so, he said, dismissal of the case was not the appropriate remedy to “adequately dissipate the financial cloud of impropriety and potential untruthfulness found here.”

McAfee found no showing that the due process rights of Trump and the other defendants had been violated or that the issues involved prejudiced them in any way. He also said the disqualification of a constitutional officer, like a district attorney, is not necessary when a less drastic option is sufficient.

The judge said he believes that “Georgia law does not permit the finding of an actual conflict for simply making bad choices — even repeatedly — and it is the trial court’s duty to confine itself to the relevant issues and applicable law properly brought before it.”

An attorney for co-defendant Michael Roman asked McAfee to dismiss the indictment and prevent Willis and Wade and their offices from continuing to prosecute the case. The attorney, Ashleigh Merchant, alleged that Willis paid Wade large sums for his work and then improperly benefited from the prosecution of the case when Wade used his earnings to pay for vacations for the two of them.

Willis had insisted that the relationship created no financial or personal conflict of interest that justified removing her office from the case. She and Wade testified that their relationship began in the spring of 2022 and ended in the summer of 2023. They both said that Willis either paid for things herself or used cash to reimburse Wade for travel expenses.

The sprawling indictment charges Trump and more than a dozen other defendants with violating Georgia’s Racketeer Influenced and Corrupt Organizations Act, known as RICO. The case uses a statute normally associated with mobsters to accuse the former president, lawyers and other aides of a “criminal enterprise” to keep him in power after he lost the 2020 election to Democrat Joe Biden.

Trump, Republicans’ presumptive presidential nominee for 2024, has denied doing anything wrong and pleaded not guilty.

Earlier this week, the judge dismissed some of the charges against Trump.

The six challenged counts charged the defendants with soliciting public officers to violate their oaths. One count stemmed from a phone call Trump made to Georgia Secretary of State Brad Raffensperger, a fellow Republican, on Jan. 2, 2021, in which Trump urged Raffensperger to “find 11,780 votes” for him to win the election in the state.

Another of the dismissed counts accused Trump of soliciting then-Georgia House Speaker David Ralston to violate his oath of office by calling a special session of the legislature to unlawfully appoint presidential electors.

McAfee said the counts did not allege sufficient detail regarding the nature of the violations.

15 Mar 2024

The Specter of Disinformation Haunts South by Southwest

by | posted in: Society | 0

When some of the largest newswire agencies in the world had to retract a manipulated photograph of British royal Kate Middleton on March 11, one thing was made clear: Even well-resourced journalistic outlets are ill-equipped to detect technologically advanced fakery. 

Counterfeit photos created to deceive audiences have existed nearly as long as photography itself. Joseph Stalin famously edited political opponents out of the historical record. The use of deceptive photo editing by a PR flack for a British aristocrat may seem inconsequential relative to disinformation deployed to influence elections or international conflicts. Nevertheless, the emergence of generative artificial intelligence technologies that can automate the creation of bogus but convincing content pours gas on an already raging fire posing a serious threat to democratic societies. If well-resourced agencies like Reuters and the Associated Press can be duped by a manipulated image, what hope do small outlets have against deceptive generative content at scale?

This was a hot topic at this year’s South by Southwest (SXSW), the Austin music festival turned tech and media expo that in recent years has embraced sponsorships from military contractors and the United States Army. The Department of Defense—one of history’s GOATS of propaganda campaigns— is actively considering using “deepfake” videos for psychological operations, and even hosted a SXSW panel on disinformation. Meanwhile, a host of musical acts and panelists dropped out in public protest, citing the American-made bombs the Israeli military continues to drop on civilians in Gaza.

“The defense industry has historically been a proving ground for many of the systems we rely on today,” the official SXSW account posted on X. “These institutions are often leaders in emerging technologies, and we believe it’s better to understand how their approach will impact our lives.”

A panel on disinformation and democracy at SXSW in Austin Courtesy/Steven Monacelli

Based on the panels I attended, the prognosis for combating disinformation is grim, particularly with the advent of advanced machine learning, or “artificial intelligence.” Tools like ChatGPT may seem innocuous, but the technology is poised to shake loose the cornerstones of our democracy: elections and journalism. Against the broader techno-optimist grain of SXSW, a few panels of academics, journalists, technologists, and civil servants gave grave warnings about the threat of artificial intelligence being used by bad actors to sow division and chaos in an already fragile political environment. David Allan, an editorial director at CNN, encapsulated the two-mindedness around the artificial intelligence revolution, which he said offers “big promises and a specter of peril.”

From my perspective, the promises are less solid than the specter haunting our information ecosystem, and I’m not alone in thinking this way. Lindsay Gorman, senior fellow for emerging technologies at the Alliance for Securing Democracy, said during one panel that “There are more negative examples than positive ones” in response to a question about positive use cases of artificial intelligence in elections.

“The real positive use case for tech isn’t about detecting what’s fake,” Gorman said. “But authenticating what’s real.” 

A concrete example of using technology for authentication is a new camera from Sony that allows publishers to request the metadata for a given photo to understand where it originated and to prove it is real. Another example could be embedding information into communications around elections that can be verified by an end user.  Promising concepts—but ones that would require buy-in from technology companies and widespread adoption by end users to make a dent in the disinformation problem. 

The other side of that coin, as Gorman alluded to, is detecting what’s fake. Technologists at SXSW tended to focus their discussions on high-tech tools to defend against and ameliorate the effects of machine-fueled disinformation. Such tools can be helpful for researchers and journalists who don’t want to be duped. But as one questioner astutely noted, good and bad actors are now engaged in a technological arms race and more sophisticated detection tools provoke new techniques for deception. 

Unfortunately, there’s little hope for policy solutions at the federal level in our current political environment. If we can’t get Congress to pass a bill to crack down on phone call spam, we shouldn’t hold our breath when it comes to regulating technologies that can fuel disinformation. Jena Griswold, Colorado’s secretary of state, put it bluntly during one panel.

“Congress, at this point under the current speaker, is basically nonfunctional,” Griswold said.
“Everybody says, ‘Oh, Congress can pass a law.’ And they can. But they won’t. Let’s not waste much effort. … Many elected officials want the disinformation. There are literally hundreds of election deniers in Congress. Do you think they’re going to allow a federal agency to counter disinformation?”

Joan Donovan, assistant professor of journalism at Boston University, agreed that we shouldn’t have much faith in our political institutions to legislate the issue.

“The biggest lobby on Capitol Hill is tech,” Donovan said. “They want to operate in a deregulated environment. … The reason why artificial intelligence or deepfakes are possible is years of social media use.” 

Griswold and other secretaries of state are concerned that deepfake videos and audio could be used to disrupt elections. 

“What if county clerks get a call cloning my voice telling them to do something,” Griswold said. “What if it happens all across the country at the same time? That could cause a very chaotic situation.”

Griswold said she is conducting training exercises to prepare her election officials for the worst. Sandra Stevenson, deputy photography director at the Washington Post, said the paper is constantly training its staff on how to identify fake imagery.

But in the social media age, when government officials and news outlets are no longer gatekeepers of information, all the training in the world may not be able to stop American citizens from falling victim to disinformation—which is why Donovan believes industry giants need to take the lead.

“We have to get commitments from these technology companies that are running international communications technologies that they are at least not willing to allow their platforms to become weaponized by foreign actors,” Donovan said. “They also have to take a look at the domestic actors. That will require industry coordination and reform. There’s a lot that we have to disentangle, but unfortunately the way our government is structured and these companies are structured is at odds with what we might call consumer safety.” 

15 Mar 2024

Column: As Shane Waldron gets started as Chicago Bears offensive coordinator, finding his ideal fit is the top priority

by | posted in: News | 0

Maybe it’s best to start here, late in the fourth quarter of Week 15 with the Seattle Seahawks trailing 17-13 and pinned inside their 10-yard line. The two-minute warning had just passed, right after the Philadelphia Eagles downed a punt at the Seahawks 8.

After kicking a field goal two possessions earlier, the Seahawks had life but faced a pressure-packed challenge against a quality opponent in the late stages of a “gotta have it” game. On the sideline at Lumen Field, offensive coordinator Shane Waldron grabbed quarterback Drew Lock — an emergency starter that night due to Geno Smith’s groin injury — and went to work.

It was showtime in Seattle for a 6-7, playoff-contending team in need of a big moment on the “Monday Night Football” stage.

The ensuing drive began with an incompletion — a Lock bullet over the middle that ricocheted off tight end Noah Fant’s hands and almost was intercepted. Over the next nine snaps, there were a few other near-disasters too. But the series also included five Lock completions, including a third-and-10 shot play up the right sideline to DK Metcalf for 34 yards.

Then, in the moment of truth, facing another third-and-long from the Eagles 29, Lock identified rookie Jaxon Smith-Njigba in single coverage, had the ideal play call from Waldron and dropped a game-winning bomb into the end zone with 28 seconds remaining.

Seahawks 20, Eagles 17.

That was a relatively small moment folded into a disappointing season for the Seahawks. But for all involved, it was a game-on-the-line triumph and represented the kind of resilient, poised and fearless football Waldron wants his unit to play.

Six days later, with Smith back at quarterback, Waldron put his fingerprints on another game-winning touchdown drive that ended in the final minute, this time a grinding, 14-play, 75-yard march that finished with Smith’s 5-yard pass to Colby Parkinson in a 20-17 road win over the Tennessee Titans.

That marked the second time in NFL history — and the first since 1999 — a team had two quarterbacks throw game-winning touchdown passes in the final minute of regulation in consecutive weeks. And it provided added evidence of Waldron’s ability to adapt and set up his players for success in the critical stages of games.

The Chicago Bears hope to lean into those skills and many more with Waldron as their new offensive coordinator. That union became official Tuesday. Waldron, 44, will begin the next leg of his football journey at a potentially landmark time in Bears history.

He will be the offensive visionary tasked with fueling the team’s championship pursuit while bringing out the best in whichever quarterback(s) the Bears choose to lead them into 2024 and beyond.

Waldron also will walk into an offensive coordinator’s office at Halas Hall where — with the exception of Adam Gase — the inhabitants almost always leave through a trap door rather than on an up escalator.

The pursuit of consistency

Within league circles, Waldron is regarded as an up-and-coming offensive architect, an intelligent and creative coach with strong teaching skills. His work with Smith in Seattle in 2022 is particularly notable as the once-forgotten quarterback enjoyed a career year (4,282 passing yards, 30 TDs) on the way to earning Pro Bowl honors and the league’s Comeback Player of the Year award.

Waldron has worked under some of the sport’s coaching greats — Bill Belichick with the New England Patriots (2008-09), Sean McVay with the Los Angeles Rams (2017-20) and Pete Carroll for the last three seasons in Seattle.

He was the Rams passing game coordinator for three seasons and Jared Goff’s quarterbacks coach in 2019. He spent one season with Russell Wilson in Seattle before preparing Smith to be a productive starter for a playoff team in 2022.

When it comes time for the Bears to formally introduce Waldron, he likely will detail three key tenets within his offensive philosophy. Ball security is a must. Fundamentals require a daily investment to stay sharp. Buy-in from the entire group will be the blowtorch that ignites everything.

Waldron likely will talk often about being committed to the pursuit of consistency. He strives for balance in his offense, wanting to establish a strong running game while embracing an attacking mentality when explosive-play opportunities present themselves.

And as was the case in those two late comeback victories last month, Waldron surely wants the identity of his offense to include composure, determination and high-level mental toughness.

As a play caller, he will have to connect on a heightened level with his quarterback, striving to consistently bring out the best in whomever that turns out to be.

The presumption is, at the very least, he will be afforded input as his new bosses at Halas Hall work to solve that riddle in the coming weeks and months. That work will include both pre-draft homework and in-house discussions on the developmental progress of Justin Fields.

Fit process

Like with any coaching hire, it’s easy to gravitate first to feelings of hope, to the optimistic visions of the significant improvements that can catalyze a meaningful breakthrough. Waldron’s experience calling plays was a definite plus for the Bears. For general manager Ryan Poles and coach Matt Eberflus, that removes a chunk of the guesswork that comes with trying to forecast how he might handle those duties in Chicago and what kind of productivity they can expect.

Still, Eberflus and Poles are less than two years removed from hiring their last offensive coordinator — the January 2022 union with Luke Getsy that triggered significant excitement at Halas Hall.

Like Waldron, Getsy was hailed as a rising, young offensive coach with high intelligence, proven teaching skills and impressive creativity. He had been with the Green Bay Packers for six of the previous seven seasons, including three working under Matt LaFleur in a Kyle Shanahan/McVay-style offense. Getsy was endorsed by those who knew him best — players and coaches — as a strong communicator, steadying leader and sincere, relatable team builder.

He had been Aaron Rodgers’ quarterbacks coach for MVP seasons in 2020 and 2021 and, while serving as Mike McCarthy’s receivers coach in 2016 and 2017, had been credited by Davante Adams as influential in his breakthrough.

“He’s been on my radar for a while,” Eberflus said after hiring Getsy, later emphasizing his attraction to the timing-based, quick-decision passing attack Getsy was likely to bring.

For the next two seasons, Getsy was regarded as an imaginative football mind with strong collaborative skills and a comprehensive understanding of all the moving parts within an offense. But the Bears, under his guidance, also had significant inconsistency issues, and the desired breakthrough for Fields never reached the level the team hoped.

All the positive traits the Bears identified in Getsy didn’t mean enough when his offense too frequently found itself sputtering.

Fields worked his hardest to master a system that was not ideal for him. Getsy’s troubleshooting efforts sometimes steered Fields away from concepts and plays he was most comfortable with.

It became a frustrating square dance. The quarterback was frequently adjusting to the play caller. The play caller was adjusting to the quarterback. The offense, in turn, was adjusting, readjusting, then adjusting yet again for large chunks of two seasons, impeding the opportunity to build momentum or expand, particularly in the passing game.

It was a fit issue. A significant one. And it’s a lesson Eberflus and Poles must learn as they try to set up Waldron for success.

Waldron’s experience and adaptive qualities should help. But with the Bears potentially at a pivot point at quarterback, striving to marry the offensive vision with the personnel must remain a priority as well.

For whatever it’s worth, Waldron’s Seahawks ranked behind the Bears this season in total offense, first downs, touchdowns, third-down conversion percentage and red-zone efficiency. They also had a bottom-five rushing attack.

Waldron must find ways to make his next offense much more potent. Whatever it takes. He must have solutions and ideas for maximizing his quarterback’s gifts while also playing to the strengths of the supporting cast.

And when the pressure rises? When the Bears reach those critical stages of close games? Waldron will be expected to consistently be at his best, bringing out the best in every player in his offense.

The Bears, naturally, are hopeful for what’s ahead. Ultimately, the results Waldron produces and his ability to help the team’s quarterback(s) shine will define his time in Chicago.

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15 Mar 2024

Chicago White Sox sign John Brebbia to a 1-year deal to bolster their bullpen depth

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The Chicago White Sox added to their bullpen depth Saturday, signing right-hander John Brebbia to a one-year deal, a source confirmed to the Tribune.

The move is pending a physical.

MLB Network’s Jon Morosi initially reported the signing and Ken Rosenthal of The Athletic reported the deal is for $5.5 million.

Brebbia, 33, is 15-15 with a 3.42 ERA and two saves in 295 career appearances (21 starts as an opener) during six seasons with the St. Louis Cardinals (2017-19) and San Francisco Giants (2021-23). He has 321 strikeouts and 90 walks in 299 2/3 career innings.

He went 3-5 with a 3.99 ERA in 40 outings (10 as an opener) for the Giants in 2023. Brebbia had 47 strikeouts and 14 walks in 38 1/3 innings, missing a portion of the season with a right lat strain.

Brebbia underwent Tommy John surgery in June 2020 and made 18 appearances for the Giants in 2021. He led the National League with 76 outings the next season (11 as an opener), going 6-2 with a 3.18 ERA, 54 strikeouts and 18 walks in 68 innings.

The signing comes on the heels of the Sox agreeing to terms on a one-year contract with left-handed reliever Tim Hill last month.

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