d.a. fani willis can remain on the case, but without her lead prosecutor he was front and center when fani willis announced her criminal indictment of donald trump, but tonight nathan wade, the man leading the prosecution against the former president for allegedly trying to overturn georgia's 2020 election results, has resigned the culmination of a month-long spectacle after one of trump's co-defendants, michael roman, exposed a romantic relationship between wade and fulton county d.a. fani willis, who hired wade on the case roman accused willis of financially benefiting from her relationship with wade after the two went on vacations together while working the case in a ruling today, judge scott mcafee said, while he did not find an actual conflict of interest in the case, he did find a significant appearance of impropriety that infects the current structure of the prosecution team and gave willis an ultimatum, either she and her office lead the case or wade in a letter, wade writes, today he's resigning to move this case forward as quickly as possible. for willis, today's ruling is a lega

d.a. fani willis, who hired wade on the case. roman accused willis of financially benefiting from her relationship with wade after the two went on vacations together while working the case. in a ruling today, judge scott mcafee said, while he did not find an actual conflict of interest in the case, he did find a significant appearance of impropriety that infects the current structure of the prosecution team and gave willis an ultimatum, either she and her office lead the case or wade. in a letter, wade writes, today he's resigning to move this case forward as quickly as possible. for willis, today's ruling is a legal victory but a professional blow following this stunning two-hour testimony. >> it is a lie. it is a lie. >> reporter: judge scott mcafee scolding what he called her unprofessional manner on the stand. and while not dismissing the case outright, as the defense had asked, mcafee takes willis to task over, quote, this tremendous lapse in judgment. tonight, trump's attorney, steve sadow, says he will use all legal options

d.a. fani willis, but likely won't go to trial before the election. and in new york, which was supposed to start on march 25th, trump's defense along with the d.a. prosecuting him, are now asking for a delay. so what gives? joining me now, nbc's dasha burns reporting from west palm beach, florida. mark mckinnon former adviser to george w. bush and john mccain. and tia mitchell, washington correspondent for the atlanta journal constitution. tia, because we ended with georgia, i would like to stay there for a second. do you have an indication of what needs to happen before d.a. fani willis might be able to go to trial? >> well, first and for most, she has to make a decision how she's going to respond to judge mcafee's ruling today. he was very clear, if she and her office want to remain in charge of this case, she's got to part ways with nathan wade. so we need to hear is she going to do that? is she going to appeal? of course, the defense attorneys for some of -- for trump, any of his codefendants, could also appeal. and so what is kind of in the short

fani willis is still the d.a. in the case. at's concerning to me and come back to haunt fani willis is not just the episode in the courtroom that day but she made a statement saying when questioned about something she said one witness can prove truth. what about her former roommate and college friend and best friend who said it happened beforehand? you have competing truths here that should have been probably fleshed out a little more. maybe the judge wants to kick it higher. there is conflict in the judges and the court's interpretation of appearance and actual impropriety. maybe he is waiting to let the higher courts sort that out. either way it's not a good ruling for the american people or here in georgia. it continues with a dark cloud over this case. >> martha: one more quick question. what's political impact of this? we mentioned they had elections coming up for the d.a. and judge as well. what is your read on how all of that will go? >> it will be hard. fulton county is a heavily democratic county. fani willis has someo

d.a. fani willis in this case. a decision that could come as early as tomorrow or friday. here's our senior investigative correspondent aaron katersky tonight. >> reporter: tonight, all eyes on one judge in georgia. he's expected to rule this week on whether fulton county district attorney fani willis should be removed from donald trump's election interference case. but today, the judge handing down a surprise decision, and a setback for prosecutors, throwing out six criminal counts against the former president and some of his co-defendants. one of those counts involves trump's phone call to georgia secretary of state brad raffensperger, urging him to find the votes trump needed to win. >> so, look. all i want to do is this. i just want to find votes, which is one more than we have, because we won the state. >> reporter: prosecutors seized on that call to charge trump with soliciting a public official to violate his oath of office. but today, judge scott mcafee ruled they failed to include sufficient detail, and did not give the defendants enough information to prepare the

d.a. fani willis will stay on this case? >> reporter: he is going to decide that as soon as tomorrow, david. the judge is deciding whether fani willis' relationship with another member of the prosecution team posed a financial conflict of interest. whatever way that ruling goes, it is almost certain one side or the other will try to appeal it, potentially delaying that case, too. david?

here is the d.a., fani willis' acceptance of this resignation. accept it, she says, effective immediately. i complement you for the professionalism and dignity you have shown over the last 865 days, as you have endured threats against you and your family, as well as unjustified attacks in the media, and in court, on your reputation as a lawyer. she goes on to say, others who were considered were understandably concerned for the safety of themselves and their families that would arise from their acceptance of your role. you were the one who had the courage to accept the role even though you did not seek it. blayne alexander joins us now from atlanta. this was expected, what do you make of the point that both fan willis and nathan wade say, about their safety? >> reporter: you know, it is something that they've been saying all along. i think that, one, fani willis has certainly been talking about safety for quite some time and the fact that she has referred a number of threats and something that came up in the evidentiary hearing, she had to move t

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d.a. fani willis. nathan wade says he's stepping down in the interest of democracy and to move this case forward as quickly as possible. this should allow willis to continue her prosecution against former president trump, but her reputation is in question. judge scott mcafee is slamming her for lapse of judgment pursuing a relationship with wade. details of their personal life has been laid out in public and it could affect a jury and how the case advances and she's facing several investigations including one in georgia where a republican-led state senate is looking into alleged misconduct on her part. >> the problem with this is that it just undermines the public's confidence in the fairness and the impartiality of our criminal justice system. jacqui: trump can submit a certificate of immediate review and take it all the way to the georgia court of appeals. that would, of course, further delay the legal proceedings. this comes as the hush money case in manhattan has been delayed as well. it's been push

d.a. fani willis. court judge scott mcafee said willis must cut ties with nathan wade or step aside herself calling willis and fani willis's bad judgement but do not constitute actual conflict of interest. willis may end up staying on trump's case, willis is under investigation by georgia senate committee and what they find could impact prosecution of former president trump. bring in jonathan turley. professor turlyey, the immediate question, will we see interlockatory deal, that typically comes following a case. judge mcafee could allow that before the case. >> jonathan: that is distinct possibility, either side could try to take that rare step to seek review. the decision by the court has many strong aspects, but the conclusion disconnected in that he's disqualifying wade but allowing willis to continue. many people said, it is very solemn decision splitting the baby. difference is that king solmondid not split the baby, the baby survived. this is not that verdict. in this case, you have willis who p

d.a. fani willis can stay on the trump election case if she removes wade. forward without nathan wade, who was the boyfriend prior but they broke up and she claims that had nothing to do with this case. the judge feels differently. most importantly fani willis stays so the court case you imagine stays on track. thanks so much for watching. now over to a very special show with two great anchors. >> bill: thank you, guys. good morning. the news is in according to report in atlanta, georgia

about two hours ago judge scott mcafee ruled the d.a., fani willis, could stay on the case.he chooses to stay on the case she has to kick off her lover and lead prosecutor, nathan wade. back with me now attorneys leo terrell and jonathan turley and jason chaffetz coming into the mix. former republican congressman of utah and former oversight chairman. jason, i'll start with you on this. more legal peril forare the district attorney. the house jude chairman, jim jordan, has threat en fani willis with contempt of congress and comply with congressional subpoena in her office's use of federal funds. how does this work? >> there is nearly half a million dollars that was allocated from the federal government to that district attorney's office and they are questioning the receipts on that. where did the money go and how did they spend it? she has been unwilling to respond to that. guess what? if you take the federal money you will have to answer the federal questions. chairman jordan is on it. i'm glad he is doing that and it is the appropriate thing to do. >> harris: "politico" is

fani willis -- d.a. fani willis can stay on. congressman doug collins what he thinks of the drama in his state next. we're taking the best fibers our farm can produce, spinning it at one location, weaving it, then finally into a cut and sewn product. there's value in buying american made it has a real life impact up and down the supply chain. we want our customers to feel how special this product is, right when they open the box. go to redlandcotton.com and receive 20% off your order with code fox 20. buzz baits bobbers. baitcasters, and boat wakes. rod bending , drag screaming, trophy dreaming the fish tales that lured you to go and the stories you'll tell after. if that sounds like where you want to be... then checkout bass pro shops and cabela's spring fishing classic for the biggest fishing & boating sale of the year! save up to an additional $5,000 on the world's leading boat brands during the model year clearance event. plus receive a free gift card up to $2000 with purchase. your adventure starts here. will: back with a f

d.a. fani willis. that case is hanging by a thread at this point. and questions now if the legal challenges piling up against the former president trump are merely political stunts to keep him from a second term. watch this? >> i have lost count of all the cases that involve everything from china bankrupt the man, to make time up in court are multiple federal indictments and state prosecutors getting in the mix. in essence it's like we've seen them unleash lawyers and prosecutors all designed to achieve one thing, prevent donald trump from being on the ballot, having a chance to get elected. that has no precedent in american history. >> bill: follow the bouncing legal ball with us. steve harrigan is live in atlanta on a day of reckoning for fani willis. first let's start in fort pierce, florida on the trump legal saga. bring us up to speed. david. >> good morning to you both. we know that things start pretty much on time in federal court. this was supposed to kick off behind me at 10:00. no electronics in the courtroom. we can't be certain but we kn

d.a. fani willis. and today, the judge found no actual conflict of interest, but did manage to gratuitously impugn her integrity. >> also tonight, we need to have a serious reality check about the right-wing propaganda that trump is somehow gaining historic levels of support among black voters. he wishes. >>> but we begin tonight with the most american of realities. if you're a rich white guy and especially if you're a celebrity and a former president, not only are you above the law, you are so above the law that if you get indicted for trying to overturn an election and thus overthrow the government, that case isn't even about you. today, fulton county superior court judge scott mcafee ruled that fulton county d.a. fani willis will not be disqualified from prosecuting the racketeering case against donald trump. trump tried it. it didn't work. his case will be prosecuted in georgia. maga inc. failed to prove a conflict of interest, perhaps because there was no conflict of interest. but in making that r

d.a. fani willis and her entire office would have had to step aside. instead, wade resigned, explaining in a letter to willis: although the court found that the defendants failed to meet their burden of proving that the district attorney acquired an actual conflict of interest, i am offering my resignation in the interest of democracy in dedication to the american public and to move this case forward as quickly as possible. >> wade is not out of this. he has been accused of false staples and one of those allegations, i think, is very compelling. he could be facing proceedings on the state level or the bar level she will be a witness as those things unfold. >> willis and wade testified under oath they did not become romantically involved until after she hired him. a former friend of the d.a. testified it started earlier. >> and whether or not perjury is committed in this case needs to be investigated and not just left unanswered. it was obvious to me that the story being told did not add up. >> the timing of the affair is at the heart of an ongoing georg

howard: it was a dramatic showdown for fani willis, the fulton county d.a.trump. pressed on whether she lied about when she began her romantic relationship with nathan wade, the lawyer she hired as chief prosecutor. wade's former law partner and divorce lawyer cited by a trump co-defendant that the couple was dating all along, but bradley ran into a tough cross-examination if. >> no, i have no direct knowledge of when the relationship started. it was, i was speculating. i didn't have a -- no one told me i was speculating. >> no one told you that? >> no one told me that. howard: joining us now in florida, susan ferrechio, a washington times national poll ticks correspondent sprgs here with me on the set, richard fowler, talk show host. susan, what's the bottom line of this hearing which the cable news networks took again live because it's so a addictive, in which that key witness tried to prove that fani willis and her ten-boyfriend committed perjury about the start of their intimate relationship? >> well, his text messages are different than the way he testi

decision from a georgia judge, could come today, on whether that woman screen left, fulton county d.a., fani willis will be removed from former president donald trump's election interference case in georgia. >> lawrence: madeleine rivera joins us with the latest on that, hey, maddy. >> madeleine: good morning, guys. if district attorney fani willis is disqualified it would be a big win for former president trump who is looking to delay the legal proceedings against him. willis admits to entering a relationship with special prosecutor nathan wade in 2022. but she argues she did not financially benefit from the compensation wade got in the election interference case still former acting attorney general believes scott mcafee may rule against her going to kick not only willis and weighed off the case but most like live the fulton county d.a.'s office. and then it goes to the prosecuting attorney's council in georgia to reassign the d.a.'s office. >> in florida still no word as to when the trial regarding trump's retainment of lady documents will start. on thursday, though, judge aileen cannon dismissed

d.a. fani willis has accepted it immediately. is's response. he said. although the court found the defendants failed to meet their burden of proving a conflict of interest wade goes on to say i am offering my resignation in the interest of democracy, in dedication to the american public, and to move this case forward as quickly as possible. that is the key, ellison, since we broke the news early this morning the big question has been what's going to happen next, and namely, what is fani willis going to do and when is she going to do it? that was the thing that was holding up this prosecution, once nathan wade is removed from the equation she is free to move forward in the prosecution of this case. she accepted his resignation as well today, i want to read you a little bit of what she said. she basically is thanking him for his professionalism, and dignity he's shown over the last 865 days, the amount of time he spent on this case, and then she goes on to underscore the number of threats that have been received, she says, by nathan

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d.a. fani willis and her office had to step aside following a hearing about their romantic relationship. it remains unclear how many of trump's four criminal cases will go to trial before the fall as voters brace for a rematch. >> not everybody's thrilled about it. our members are focused on turning on for president biden. >> reporter: president biden aiming to energize voters this week in key battlegrounds of michigan and wisconsin, two states that helped him win the white house last election. on tuesday president biden heads to two of the southwest most competitive battleground states, nevada, and arizona, both have large latino populations. a key demographic both campaigns are fighting to win over. nancy? >> natalie brand, thank you. >>> there's a shift coming in the nation's real estate market. a landmark settlement could change how homes are bought and sold and keep mow money in your bank account. cbs elise preston has the details. elise? >> reporter: nancy, it's being called a major turning point in real estate sales. buyers and sellers potentially being able to negotiate commissio

d.a. fani willis by end of two weeks. that is tomorrow. he had a -- a ruling just the other day dismissing some of the charges against donald trump and some of the co-conspirators. how did you read into that? >> some people are reading into that therefore means he's not going to disqualify d.a. willis. i didn't read that into it but i think not disqualify d.a. willis. not because she didn't do an unforced error, which i think she has done, but because there's been no proof, in my opinion, there's been an actual conflicts of interests that the d.a. has a personal interest or stake in the outcome. there's been no proof a calculated plan to prejudice the defendant in the jurors minds. i don't think the defense made that standard. if he, the judge decides an appearance of improprietiership, of course. disqualify her. if that's the stand a lot of elected d.a.'s throughout the country disqualified because of the appearance of impropriety. >> consistently impressed we're able to keep all of these judges in order. lisa, the dates when it comes to

d.a. fani willis will be removed to from donald trump's georgia election case. decision some time today. maybe within our show. this coming just days after a judge quashed six counts, three against donald trump and although the rest of the defendant, too. matt whitaker served as acting u.s. attorney under president trump a.m. and joins us now. join the new york case. all of a sudden the southern district of new york dumps thousands of pages of documents from their research of this case over the course of years on alvin bragg's desk at the same time the trump team says we would like a delay until after the immunity case. so that was quashed. but, what about this alvin bragg comes out and says, i will give you the quote, matt. although the people are prepared to proceed trial on march 25th. we do not oppose an adjournment in the abundance of caution and ensure the defendants have sufficient time to review the materials. your thoughts? >> well, my first thought is alvin bragg has to actually look at these documents as well and his office was preparing for trial. sc

d.a. fani willis.and he talked about the entire indictment, the entire prosecution of president trump is political, constitutes election interference and should be dismissed. so, that's what the former president's attorney is saying today. now, it is important to point out three of the counts have been dismissed. the former president is still facing ten counts here in georgia. and the judge actually made provisions and is allowing for fani willis should she so choose to seek a reindictment on those now quashed charges. so, that certainly is something. i spoke with a source who is familiar with the d.a.'s thinking, and i understand that the entire order this morning is under review by her office. but, of course, the big question is how will she choose to proceed? one thing i do think is very important to note, jose, is that the count, however, that has been dismissed against the former president has to do with that phone call that he made to georgia secretary of state brad raffensperger, back in the day

we're still waiting for decision on whether fulton county d.a., fani willis will be disqualified from the georgia election interference case of accusations that she benefited financially from a personal romantic relationship with one of the prosecutors. the judge said that decision will come by the end of the week, which, of course, is tomorrow. >>> if you need more proof the wheels of justice grind slowly, the hush money case will likely start a monthly. federal prosecutors just recently turned over documents related to the case. just about a year after they were asked to. manhattan d.a. alvin bragg said he would go along with a 30 day extension so trump's team can review those very late files. the final decision on timing is up to the judge. >>> let's bring in our lead off pena, eugene scott, senior politician for access. peter baker, chief white house correspondent for the new york times and former u.s. attorney, joyce vance who spent 25 years as a predator federal prosecutor. both msnbc contributors. joyce, all right, lay it out for us, where does the classified documents case sta

d.a. fani willis to stay on the case forcing the special prosecutor she was romantically involved with to resign. this as the former president wins a delay in his hush money case in new york. ♪ she said, ooh ♪ ♪ shut up and dance with me ♪ >> whit: time to dance. march madness is here. we have all the buzzer-beating -- >> the follow, it's good. it's good. >> whit: -- ticket punching, mad celebrating. moments from last night's thrillers. who is in, and who is out ahead of selection sunday. >> janai: good morning, america. happy saturday. happy weekend. it feels good, right? >> whit: yeah, of course. >> janai: yeah, yeah. >> whit: yes. >> janai: but don't bother checking your mega millions ticket. we can tell you you didn't win $815 million. and neither did we, but how high will the jackpot get? that's coming up. >> whit: exactly. there's still time to win. you got to play to win. >>> we have a lot of other news coming up including new mexico state police have identified the suspect wanted for killing a state trooper saying the officer stopped to help the suspect when he was shot. those det

d.a. fani willis' removal after this courtroom meltdown. >> no, no, no, no. this is the truth, judge. it is a lie. it is a lie. >> ashley merchant led the effort from the very beginning and she is going to join us in a few minutes. "fox & friends" starts right now and, remember, mornings are better with friends. ♪ >> steve: all right. here's something new. it broke overnight. and it's a fox news alert. a federal appeals court in new orleans has blocked that can action happening hours after the supreme court allowed it to go into effect. >> brian: i'm getting whiplash. doug luzader in washington. >> flow chart. this has been a game of judicial ping-pong over the last 24 hours. texas officials barely had time to celebrate what was a supreme court win yesterday before they faced another setback. so, do the migrants stay or do they go? just hours after the supreme court cleared the way for texas to begin enforcing this new border law, this new state border law, a federal appeals court blocked it again, stunning those who have been keeping a close eye on what is becoming a critical test fo

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. >> a georgia judge, just yesterday, rejected trump's bid to get fulton county d.a., fani willis thrownon interference case, a move that would have made it even more -- unlikely he would face trial before election day. willis did have to accept the resignation of her top special prosecutor. with whom, he had a special relationship. trump routinely attacks prosecutors who dared to bring cases against him, but many of us can't help but notice the extremely personal nature of the efforts to undermine d.a. willis as an accomplished black woman. what are your thoughts on yesterday's ruling, and where this case goes from here? >> i mean, i think it goes back to what d.a. willis said when he was on the stand. he was treated as if he was the one who was on trial, and he was not on trial. we are talking about someone who tried to overturn the valid election, the 2020 presidential election. but yet, he is the one being scrutinized. all of the things donald trump has done, and he is the one that is meant out to have done something wrong. so, we are moving forward in this, he has been clear from th

d.a. fani willis can stay on this case, is there still a chance she could be removed?reporter: there is because we know that it's going to be appealed. when we kind of look at just the time line of this. judge scott mcafee has already given the green light for trump and his co-defendants to appeal. steve sadow has told me in conversation he has every intention of doing just that, and he's got until monday to file that paperwork. so we know that there's going to be an appeal, but what's interesting about this, chris, is that we now have two parallel tracks playing out, while this makes its way through the appeals court, we wait to see whether it's going to be taken up, what happens there. it's also going to be moving full steam ahead here in the fulton county court. so we know that what we had before was all of this was kind of lumped together basically, nothing was moving forward in the case until we decided, until the issue of whether fani willis would stay on the case was actually decided. now those two things are separate. the appeals process is going to be moving f

d.a. fani willis and to dismiss the case. tom. >> kelly o'donnell with that new reporting from the white house. kelly, thank you. >>> we now go to haiti where tonight the notorious gang leader who many say is in charge of the capital sat down for an interview with our partners at sky news. his demand that gangsters be allowed to join the new government. here's ellison barber. >> reporter: gunfire, arson. this is life in haiti's capital city. the country's national police unable to match the firepower of gangs. jimmy "barbecue" cherizien is arguably the face of haiti's gang wars. he controls large swaths of territory and heads the powerful g-9 group, an alliance of port-au-prince's biggest gangs. in a rare interview with sky news' stuart ramsay, barbecue says he is willing to consider a cease-fire, but seemed to suggest the newly formed transitional presidential council must include gang leaders. [ speaking in a global language ] >> reporter: in northern haiti, that divide is evident. what we keep hearing from people is that o

d.a. fani willis or lead prosecutor nathan wade had to step aside over their past romantic relationship. hours later, wade resigning. the judge saying willis made a tremendous lapse in judgment what it means for the case, and now word another of mr. trump's trials is delayed. >>> and just in, mr. trump's former vice president refusing to endorse him. what mike pence said today about his former boss. >>> also tonight, the deadly tornado outbreak across eight states at least three are dead major damage to homes and businesses we're in the storm zone. >>> the terrifying shooting on a new york

d.a. fani willis back in court for final arguments over whether she should be disqualified. >>> thousands defying vladimir putin to pay final respects to opposition leader alexei navalny >>> the major announcement from cvs and walgreens on the abortion pill. >>> the verdict in the trial of michelle troconis, the woman charged with helping her boyfriend cover up the murder of connecticut mom jennifer dulos >>> and before she goes pro, caitlin clark taking another shot at history this weekend. >> announcer: this is "nbc nightly news" with lester holt. >>> good evening as we join you tonight, we are monitoring an exceptionally powerful blizzard rolling into the mountains of northern california and nevada bringing conditions likely to make travel impossible perhaps for days and potentially stranding people who have not heeded urgent warnings five to ten feet of snow forecasted to fall across the sierra nevada mountains over the next few days driven by 50 to 100-mile-per-hour wind gusts. snowfall rates up to four inches an hour. the national weather service tonight warning whiteout conditions

d.a. fani willis stays or goes. the judge dismissing six counts in the sweeping racketeering indictment including three against the former president. what led to the decision? and what it means for trump and his co-defendants. >>> plus the last time america pitted the same pair of presidential nominees against each other two elections in a row, gas was a quarter, a burger was less, and donald trump and joe biden were just kids. now americans have the rematch most say they never wanted but voted for anyway. and it ramps up the veepstakes for trump. what the price of admission could be. >>> and one storm washes away more than half a million dollars' worth of investment. what an oceanfront community is now asking for after watching its brand new protective sand dune disintegrate. >>> a lot to get to, but we start with that breaking news out of georgia. judge scott mcafee throwing out three of the 13 criminal counts against donald trump, adding a new dose of uncertainty to a case that already has a ton of it. in all, mc

d.a. fani willis fromlt the caseonfrom following a hearg on her alleged prosecutorial misconduct.oing a meanwhile, a new bombsh. report alleges that january six committee, you know, the one i kept telling you had a predetermine1 d outcome, that they withheld crucial evidence. get this, including testimony from trump's driver that refutes cassidy claimso that donald trump tried to lunge for the steering wheeld and commandeer his presidential suerv back to the capitol. the report also concluded that trump did, in fact,ct can instruct his staff ahead of january six to offer 10,000 national guard troop 6s to the capitol for extra security, somethinl fog he and his officis have all said publicly. four of the five people in the room said it to meto on the record. they had this information. watc mh calling up the guard, and then it became the chain of command, went to nancy pelosi and to the mayoe r. d.c. muriel bowser did you, req as required by law authorize that one hundred percentd atte and attested to by many people and they turned it down? nancy pelosi turned it down. was written r

d.a. fani willis back in co

d.a. fani willis should be removed from the case over a romantic relationship with the special prosecutor. >>> also today prosecutors in new york said they would not object to delaying trump's hush money trial scheduled later this month. the manhattan d.a. said the delay is to give the defense team time to review evidence recently turned over. trump was charged with falsifying business records last year in connection with the payments made to adult film star stormy daniels before the 2016 election. >>> senate majority leader chuck schumer with strong words for israel's prime minister today. >> i also believe prime minister netanyahu has lost his way by allowing his political survival to take the precedence over the best interests of israel. he has put himself in coalition with far right extremists. >> schumer called for new elections in israel today. it comes as the u.s. military attempts to deliver aid to the people starving in gaza and israeli troops condition to engage hamas militants in street-to-street fighting in the southern part of that territory. >>> a four-day workweek without a

d.a. disqualified because of fani willis's romantic relationship with nathan wade.ecutors she hired to assist her with the case. a ruling on that issue is expected by end of this week. kayleigh. >> kayleigh: thank you, jonathan. emily, i was reading footnote that listed counts that are quashed for lack of specificity. how monumental is this in the case? >> emily: the error itself is colossal and i want to send message appropriately of what a rookie mistake it is. first year in law school you learn standards of pleading and same for warrants and subpoenas, we talk about that a lot. it is fundamental and mayor rudy giuliani said it there, without it, the defendant does not know what to defend against. on pleading, your initial threshold step, district attorney failed to do so hallmarks what a rookie she is, how sloppy this has been, how utterly a sham this entire procedure has been and she's making mockery of herself and the courts. the overacts these relate to and they can still stand in the pleadings, there is different standards. she needed specificity, all you nee

reporting live from atlanta on this part of this story and also what we'll hear next from fani willis, the d.aanta. >> yeah, this decision is not surprising. the judge gave fani willis probably an unpleasant decision but an easy decision. if nathan wade were to stayed on this case as special prosecutor, then the d.a., fani willis, would have been forced to resign from the case along with her entire staff. they would have had to stand on the sidelines. so in order for this case to best move forward, clearly the d.a.'s office made the calculation that losing this one special prosecutor, nathan wade, would be less damaging than disqualifying the entire office and then having the prosecuting attorney's counsel appoint a totally new slate of prosecutors to come in from outside and handle this case. so not a surprising development, but a dramatic development. nathan wade turning in his resignation from the case and the da's office accepting that resignation. >> i'm just looking, jonathan. stand by at the letter. he writes to d.a. willis, the furtherance of the rule of law and democrat sick is and al

d.a. fani willis will stay on this case? >> reporter: he is going to decide that as soon as tomorrow, david. the judge is deciding whether fani willis' relationship with another member of the prosecution team posed a financial conflict of interest. whatever way that ruling goes, it is almost certain one side or the other will try to appeal it, potentially delaying that case, too. david? >> david: aaron, thank you. >>> meantime, there is breaking news here in new york city tonight. a horrific shooting at a subway station. authorities say a man was shot in the head and is in critical condition at this hour. subway riders seen ducking for cover, and of course, this all comes just days after the national guard was sent into the subway by new york governor kathy hochul. let's get right to erielle reshef with late reporting. what do we know so far? >> reporter: well, david, we want to take you straight to some harrowing video that is coming into our newsroom. you can see subway riders ducking for cover and screaming in horror, mom

d.a.'s office. fani willis, that came out during the hearing, talking about my case. the a.g. of new york, letitia james, deals with washington all the time. new york even the local cases like a d.a -- it's all trying to hurt an opponent. and why didn't they do this years ago? they should have done this years ago. this was all stuff that essentially started very, very late because they wanted to interfere with the election. no, this is 100%. look, biden hasn't done a thing. host a horrible president, and he figures this is maybe the way that they can get in. but this is an attack on a political opponent. and this is what banana republics do, this is what third world nations do. we don't do it in this country. and people see that. and as you know, i have my highest numbers that i've ever had. usually, it doesn't work out that way, stuff like this. but ial, i have a voice where i can explain it to people. i can explain how rigged this whole thing is. and as you know, i've been doing very well on these cases. howa

d.a. fani willis, the lawyer who blew the whistle on the improper relationship between willis and wade tellingd friends" she could still be booted. >> more information can come forward. >> steve: more with her in a moment, meantime, final hour of "fox and friends" starts right now and remember, mornings are better with friends. >> brian: fox news alert. appeals court blocking texas immigration law that would allow police to arrest migrants suspected of crossing the border illegally. that happening just hours after the supreme court allowed it to go into place. >> ainsley: new migration crisis coming from haiti. >> steve: we have team coverage. lawrence jones is live in miami, screen left. bryan ilenas has the latest. but first rich. >> texas can arrest those they suspect crossing into texas illegally. sb four is another example of republican officials politicizing the border and blocking real solutions. president biden out west in arizona, he launched latinos bi biden/harris. >> president biden: it is an election between me and a guy named trump. this is a guy who the way he talks about the la