Tag Archives: Georgia

Factbox: U.S. presidential election moves to the courts

WILMINGTON, Del. (Reuters) – With the U.S. presidential election between Republican President Donald Trump and Democratic challenger Joe Biden too close to call, the Trump campaign and Republicans turned to the courts to try to invalidate votes in Pennsylvania and block Michigan officials from counting ballots.

For the lawsuits to have any impact on the outcome, the election would have to come down to one or two states and hang on the outcome of a few thousand votes, which seemed unlikely, legal experts said.

Below is a list of the cases that will play out in the coming days and possibly weeks:

PENNSYLVANIA COURT BATTLES

The Trump campaign sued Pennsylvania’s Secretary of State Kathy Boockvar and county election officials to limit the time election officers have to contact mail-in voters to correct defects on their ballots.

The Commonwealth Court will hear the case on Friday.

A similar case in U.S. District Court in Philadelphia by Republican officials against election officials from Montgomery County got a skeptical reception from the federal judge.

The Republican officials on Thursday withdrew their request for an injunction.

The Trump campaign is also fighting Philadelphia election officials over observing vote counting in the city and was granted better access to the proceedings. An appeal is pending in the state’s supreme court.

Republicans in the state have also asked the U.S. Supreme Court to review a decision from the state’s highest court that allowed election officials to count mail-in ballots postmarked by Tuesday’s Election Day that are delivered through Friday.

On Wednesday, Trump’s campaign filed a motion to intervene in the case.

U.S. Supreme Court justices said last week there was not enough time to decide the merits of the case before Election Day but indicated they might revisit it afterwards.

Justice Samuel Alito, joined by fellow conservatives Clarence Thomas and Neil Gorsuch, said in a written opinion that there is a “strong likelihood” the Pennsylvania court’s decision violated the U.S. Constitution.

Pennsylvania election officials said they will segregate properly postmarked ballots that arrived after Election Day.

With about 92% of the vote counted, Trump led Biden in Pennsylvania with 50.2% of the vote to 48.5%, according to Edison Research.

MICHIGAN BALLOT-COUNTING FIGHT

Trump’s campaign on Wednesday filed a lawsuit in Michigan to stop state officials from counting ballots until it has an election inspector at each absentee-voter counting board. The campaign also wanted to review ballots that were opened and counted before an inspector from its campaign was present.

On Thursday, Michigan Court of Claims Judge Cynthia Stephens dismissed the case.

Biden was projected to win the state with 50.6% of the vote, with 99% of the expected vote in, according to Edison Research.

GEORGIA BALLOT FIGHT

The Trump campaign on Wednesday filed a lawsuit in state court in Chatham County that alleged late-arriving ballots were improperly mingled with valid ballots, and asked a judge to order late-arriving ballots be separated and not be counted.

The case was dismissed on Thursday.

Trump leads Biden 49.5% to 49.2% with 98% of Georgia’s expected votes counted, according to Edison Research.

NEVADA

Trump campaign officials said they planned to file a lawsuit in the state after alleging without evidence that thousands of improper votes were cast by dead people and by voters who were no longer residents of populous Clark County.

Biden leads Trump in Nevada 49.4% to 48.5% with 89% of the expected vote counted, according to Edison Research.

U.S. POSTAL SERVICE LITIGATION

A U.S. judge on Wednesday said Postmaster General Louis DeJoy must answer questions about why the U.S. Postal Service failed to complete a court-ordered sweep for undelivered ballots in about a dozen states before a Tuesday afternoon deadline.

U.S. District Judge Emmet Sullivan is overseeing a lawsuit by Vote Forward, the NAACP, and Latino community advocates who have been demanding the postal service deliver mail-in ballots in time to be counted in the election.

(Reporting by Tom Hals in Wilmington, Delaware; Editing by Kevin Liffey and Sonya Hepinstall)

Timeline: Which states could tip U.S. election and when will they report results?

(Reuters) – The outcome of the U.S. presidential election hung in the balance on Thursday as five swing states continued to count their ballots.

To capture the White House, a candidate must amass at least 270 votes in the Electoral College.

Edison Research gave Democratic challenger Biden a 243 against 213 lead over Republican President Donald Trump in Electoral College votes. Other networks said Biden had won Wisconsin, which would give him another 10 votes.

Results in Pennsylvania (20 electoral votes), Georgia (16), North Carolina (15), Arizona (11) and Nevada (6) remained uncertain as of Thursday afternoon, according to Edison Research.

ARIZONA

Biden led by 2.4 percentage points as of Thursday afternoon, or more than 68,000 votes, with about 14% of the vote left to be counted.

More results from densely populated Maricopa County, which includes Phoenix, were not expected until 7 p.m. local time (9 p.m. EST, 0200 Friday GMT), the county elections department said.

There were at least 275,000 ballots in the county left to be counted, the elections department said. Biden was leading by 4 percentage points in the votes counted so far, indicating he was in a strong position to maintain his lead.

GEORGIA

Trump held onto to a lead of 0.3 percentage points, or 12,835 votes, with 2% percent of the vote left to be counted.

Counting was continuing on Thursday afternoon, with just 47,000 outstanding ballots, Georgia Secretary of State Brad Raffensperger said in a press conference.

NEVADA

Biden led Trump by 11,438 votes, or 0.9 percentage points, with about 12% of the vote left to be counted.

The state’s biggest county, Clark, expected to count the majority of its mail ballots by Saturday or Sunday, but would continue to count certain ballots after the weekend, according to its registrar, Joe Gloria.

All properly received ballots will be counted for up to nine days after the election, but the exact number left to be counted was unknown, said Nevada Secretary of State Barbara Cegavske.

The outstanding votes are mail-in ballots and those cast by voters who registered to vote at polling place on Election Day, she said.

NORTH CAROLINA

Trump led by more than 76,000 votes, or 1.4 points, with about 5% of the vote uncounted.

State officials have said a full result would not be known until next week. The state allows mail-in ballots postmarked by Tuesday to be counted if they are received by Nov. 12.

PENNSYLVANIA

Trump led by 1.7 percentage points, or more than 108,000 votes, with 8% of the vote outstanding.

About 370,000 ballots were still in the process of being counted on Thursday, according to the Department of State’s website, giving Biden a chance to catch Trump if enough of them were from Democratically friendly areas such as Philadelphia. Pennsylvania Secretary of State Kathy Boockvar said she expected the “overwhelming majority” to be counted by the end of Thursday.

Philadelphia County reported more than 252,000 ballots were cast by mail but did say how many remained to be counted.

A final count may not be available until at least Friday as Pennsylvania can accept mailed-in ballots up to three days after the election if they were postmarked by Tuesday.

(Reporting by Daniel Trotta and Julia Harte; Editing by Scott Malone and Daniel Wallis)

Factbox: Rules for recounts in presidential battleground states

By Disha Raychaudhuri

(Reuters) – U.S. President Donald Trump’s campaign has called for a recount in Wisconsin, filed lawsuits to stop vote counting in Michigan and Pennsylvania, and asked a judge in Georgia to order late-arriving ballots to be separated and secured so that they cannot be counted.

Below is a roundup of recount laws in some battleground states:

GEORGIA

Automatic recount: No

Recount law: A candidate can request a recount if the margin of victory is less than or equal to 0.5 percentage point.

Deadline: A recount must be requested within two business days after results have been certified.

Who pays: State law does not specify who is responsible for recount costs.

MICHIGAN

Automatic recount: Yes

Recount law: A recount is required if the margin of victory is less than or equal to 2,000 votes.

Deadline: Request for a recount should be made within 48 hours of the vote canvass.

Who pays: The candidate requesting the recount.

NEVADA

Automatic recount: No

Recount law: A candidate who has been defeated can request a recount, regardless of the margin of victory.

Deadline: A recount must be requested within three business days after the state’s vote canvass.

Who pays: The candidate asking for the recount.

PENNSYLVANIA

Automatic recount: Yes

Recount law: A recount is automatic if the margin of victory is less than or equal to 0.5 percentage point. Two other avenues for requesting recounts include requiring at least three voter signatures that attest to an error in the vote tally, and going to state court to file petitions alleging fraud and error.

Deadline: By 5 p.m. on the second Thursday following the election, for automatic recounts. If a recount is requested, the deadline is five days after the election.

Who pays: The candidate requesting the recount.

WISCONSIN

Automatic recount: No

Recount law: A full or partial recount can be requested if the margin of victory is less than or equal to 1 percentage point.

Deadline: For presidential elections, the request must be made by 5 p.m. on the first business day after the state’s vote canvass.

Who pays: The candidate requesting the recount, if the margin is more than 0.25 percentage point of the total vote.

(Reporting by Disha Raychaudhuri; Editing by Noeleen Walder and Peter Cooney)

Factbox: Seven states that are deciding the U.S. presidential election

(Reuters) – The U.S. presidential election will be decided in seven states where votes are still being counted that could swing the outcome to either Republican President Donald Trump or his challenger Joe Biden.

Biden held a lead in four of the states that together award 43 Electoral College votes, which could just allow the Democrat to reach the 270 votes he would need to win, while Trump led in three that hold 51 Electoral College votes, which would push his total to 265.

Here’s a state-by-state look:

ARIZONA

Electoral votes: 11

Rating: Leaned Democratic ahead of the vote

Vote counting: This one appears to be in the Biden column, but only two of the six news organizations that Reuters is following have called Arizona for Biden, and Edison Research has not yet done so. All absentee ballots had to arrive by the close of polls on Election Day. Ballots could be scanned and tabulated starting 14 days before Tuesday.

GEORGIA

Electoral votes: 16

Rating: Leaned Republican ahead of the vote

Vote counting: No organization had yet to call the presidential contest. Trump has a lead but Biden could make up ground in the uncounted votes around Atlanta. Absentee ballots had to be received by clerks by the close of polls on Election Day. Ballots could be opened and scanned on receipt, but they could not be tallied until after the polls closed on Tuesday. Officials in Fulton County, home to Atlanta and a tenth of all Georgians, warned on Tuesday that its vote count would not be finalized until Wednesday.

PENNSYLVANIA

Electoral votes: 20

Rating: Leaned Democratic ahead of the vote

Vote counting: No organization had yet to call the presidential contest in Pennsylvania. Trump appeared to have a substantial lead but many of the outstanding mail-in ballots yet to be counted were from strongly Democratic areas. Absentee ballot counting began at 7 a.m. on Election Day. Last week, the U.S. Supreme Court let stand a ruling by Pennsylvania’s top court that officials in the state could accept mail-in ballots three days after Tuesday’s election, so long as they were postmarked by Election Day.

WISCONSIN

Electoral votes: 10

Rating: Leaned Democratic ahead of the vote

Vote counting: Two of the six news organizations that Reuters is following have called Wisconsin for Biden, and a third has called Biden the apparent winner, pending a potential recount. Edison Research has not yet called the race. Biden held a thin lead within the margin that would allow the Trump campaign to call for a recount. The state’s election officials could not count mail-in ballots that arrive after Election Day, the U.S. Supreme Court ruled on Oct. 26. Ballots could not be counted until polls opened on Tuesday.

MICHIGAN

Electoral votes: 16

Rating: Leaned Democratic ahead of the vote

Vote counting: No organization has yet to call a winner in the presidential contest in Michigan, though Biden held a small lead. Absentee ballots had to arrive at clerks’ offices by the close of polls on Election Day. Some densely populated jurisdictions in the state, such as Detroit, began sorting absentee ballots on Monday, but the vast majority did not. Clerks could begin scanning and counting absentee ballots at 7 a.m. on Tuesday. Michigan Secretary of State Jocelyn Benson said on Wednesday the state would have a clearer picture by the end of the day.

NORTH CAROLINA

Electoral votes: 15

Rating: Leaned Republican ahead of the vote

Vote counting: No organization has yet called a winner in the presidential election, though Trump held a lead. Edison and three news organizations have called the governor’s race for incumbent Roy Cooper, a Democrat.

North Carolina absentee ballots could be scanned weeks in advance, but results could not be tallied before Election Day. In a defeat for Trump, the U.S. Supreme Court declined last week to block the state’s plan to tally ballots that are postmarked by Tuesday and arrive by Nov. 12.

NEVADA

Electoral votes: 6

Rating: Leaned Democratic ahead of the vote

Vote counting: No organization has yet to determine a winner in the presidential election. Biden held a razor-thin lead but final results could be delayed until later in the week. Absentee ballots could be processed upon receipt starting 14 days before the election, but results are not released until election night. Mail-in ballots postmarked by Tuesday will be counted so long as they arrive within seven days after the election.

(Reporting by Michael Martina and Julia Harte, Rich McKay, Brendan O’Brien, Jarrett Renshaw and Daniel Trotta; Editing by Scott Malone and Angus MacSwan)

Factbox: Results of high-profile U.S. House of Representatives races

WASHINGTON (Reuters) – Democrats were projected to retain their majority in the U.S. House of Representatives in Tuesday’s election, but appeared to have failed in their goal of wresting more seats from Republicans.

Results were still coming in on Wednesday, but Democrats lost several of the most closely watched contests in sharp contrast to their convincing win in 2018.

Here are some of the most high-profile races in the 435-member House:

MINNESOTA’S 7TH DISTRICT

Long-time Representative Collin Peterson, one of only two House Democrats who opposed both articles of impeachment against President Donald Trump in 2019, was defeated by Minnesota’s former lieutenant governor, Republican Michelle Fischbach. The district in rural western Minnesota voted strongly for Trump in 2016.

SOUTH CAROLINA’S 1ST DISTRICT

Representative Joe Cunningham, who stunned Republicans in 2018 when he became the first Democrat to represent the coastal district in nearly four decades, lost to Republican Nancy Mace, the first female graduate of the Citadel military college.

GEORGIA’S 14th DISTRICT

Republican small business owner Marjorie Taylor Greene is a political newcomer who promoted online conspiracy theory QAnon in a 2017 video but later backtracked, saying it was not part of her campaign. She won a House seat in conservative rural northwest Georgia after her Democratic opponent dropped out.

TEXAS’ 21ST DISTRICT

Republican Representative Chip Roy defeated Wendy Davis, a Democratic former state senator who caught the national spotlight in 2013 by talking for over 11 hours to temporarily stop an anti-abortion bill. The central Texas district includes part of Austin.

NEW MEXICO’S 2ND DISTRICT

Freshman Democratic Representative Xochtil Torres-Small lost a rematch with Republican Yvette Herrell, who had been the loser two years ago and was endorsed by the conservative House Freedom Caucus’ political action committee. The district covers southern New Mexico including part of Albuquerque.

COLORADO’S 3RD DISTRICT

Republican Lauren Boebert, a pistol-packing gun rights activist who defied coronavirus restrictions to open her restaurant, spoke warmly of QAnon in May, but later said “I’m not a follower.” She defeated Democrat Diane Mitsch Bush, a university professor, in a largely rural district encompassing western Colorado.

These races remain undecided:

NEW JERSEY’S 2ND DISTRICT

Representative Jeff Van Drew, who was elected to Congress as a Democrat in 2018 but became a Republican after voting against impeaching Trump, faces a strong challenge from Democrat Amy Kennedy. She is a former schoolteacher who married into the famous U.S. political family. The district in southern New Jersey includes Atlantic City.

NEW YORK’S 2ND DISTRICT

Republican New York State legislator Andrew Garbarino is running against a Black combat veteran, Democrat Jackie Gordon, for the seat held for 14 terms by retiring Republican Representative Peter King. The largely suburban district on Long Island includes the eastern edges of the New York City metropolitan area.

(Reporting by Susan Cornwell, Susan Heavey and Andy Sullivan; Editing by Scott Malone and Mary Milliken)

U.S. watchdog investigating immigration detention center tied to allegations of improper hysterectomies

By Ted Hesson and Mark Hosenball

WASHINGTON (Reuters) – Acting U.S. Homeland Security Secretary Chad Wolf said at a congressional hearing on Wednesday that the department’s internal watchdog is investigating a Georgia immigration detention center tied to allegations of improper hysterectomies and other gynecological procedures.

Wolf said the U.S. Department of Homeland Security (DHS) inspector general would interview people at the facility on Wednesday and Thursday, but cautioned that “some of the facts on the ground” did not back up the allegations.

“At this point, they are allegations, and we need to make sure that they fully investigate them so that all sides have a chance to be heard,” Wolf said during a confirmation hearing before the Senate Homeland Security and Governmental Affairs Committee.

The claims were made by Dawn Wooten, a former nurse at the Irwin County Detention Center, in a complaint filed to the inspector general last week.

U.S. Immigration and Customs Enforcement (ICE) has denied the allegations, which have shocked people across Latin America, from where many U.S. immigrants hail, and caused an outcry among Democratic lawmakers.

(Reporting by Ted Hesson and Lisa Lambert; Editing by Chizu Nomiyama and Jonathan Oatis)

Trump-appointed justice could signal major Supreme Court shift on abortion

By Lawrence Hurley

WASHINGTON (Reuters) – With President Donald Trump poised to nominate a U.S. Supreme Court justice to fill the vacancy created by the death of liberal icon Ruth Bader Ginsburg, a new 6-3 conservative majority could be emboldened to roll back abortion rights.

The ultimate objective for U.S. conservative activists for decades has been to overturn the landmark 1973 Roe v. Wade decision that legalized abortion nationwide. But short of that, there are other options the court has in curtailing abortion rights.

Republican-led states including Ohio, Georgia, Missouri, Arkansas and Alabama have passed a variety of abortion restrictions in recent years. Some that seek to ban abortion at an early stage of pregnancy are still being litigated in lower courts and could reach the justices relatively soon.

Abortion is one the most divisive issues in the United States. Conservative opposition to it has been a driving force behind Republicans, including Trump, making a high priority of judicial appointments in recent years.

“Roe v. Wade is on the line in a way it never has been before,” said Julie Rikelman, a lawyer with the Center for Reproductive Rights, which regularly challenges abortion restrictions.

Even if Roe is not overturned, “we could be in a situation where the court is upholding even more restrictions on abortion,” Rikelman added.

Trump has said he intends to announce his nomination on Saturday, with conservative appeals court judges Amy Coney Barrett and Barbara Lagoa considered the frontrunners to be named to succeed Ginsburg, who was a strong defender of abortion rights. Ginsburg died on Friday at age 87.

The leadership of the Republican-controlled Senate is poised to move forward with the nomination even as Trump seeks re-election on Nov. 3.

Even though the court had a 5-4 conservative majority before Ginsburg’s death, some activists on the right were concerned about Chief Justice John Robert’s incremental approach. Roberts angered conservatives by siding with the court’s liberals in June when the court ruled 5-4 to strike down a Louisiana abortion restriction involving a requirement imposed on doctors who perform the procedure.

Roberts, who wrote a separate opinion explaining his views, signaled he may back other abortion restrictions in future cases but said he felt compelled to strike down Louisiana’s law because the justices just four years earlier had invalidated a similar law in Texas.

Trump vowed during the 2016 presidential campaign to appoint justices who would overturn Roe v. Wade. He already has appointed conservatives Neil Gorsuch and Brett Kavanaugh to the court. Both voted to uphold the Louisiana law.

Anti-abortion groups are pushing for Trump to pick Barrett, a conservative Roman Catholic who he appointed to the Chicago-based 7th U.S. Circuit Court of Appeals in 2017. Although she has not yet ruled directly on abortion as a judge, Barrett has twice signaled opposition to rulings that struck down abortion-related restrictions.

Abortion rights activists have voiced concern that Barrett would vote to overturn Roe v. Wade.

STATE-BY-STATE EFFORTS

Broadly speaking, Republican-controlled states have enacted two types of abortion laws: measures that would impose burdensome regulations on abortion providers and those that would ban abortions during the early stages of pregnancy.

The latter laws in particular directly challenge Roe v. Wade and a subsequent 1992 ruling that upheld it. Those two rulings made clear that women have a constitutional right to obtain an abortion at least up until the point when the fetus is viable outside the womb, usually around 24 weeks or soon after.

Legal challenges to laws recently enacted in conservative states that directly challenge the Roe precedent by banning abortion outright or in early stages of pregnancy are still being litigated in lower courts.

One appeal pending at the Supreme Court that the justices will discuss whether to hear in the coming months is Mississippi’s bid to revive a law that bans abortion after 15 weeks of pregnancy.

In a separate case the court could act upon at any time, the Trump administration has asked the justices to put on hold a federal judge’s decision to block during the coronavirus pandemic a U.S. Food and Drug Administration rule requiring women to visit a hospital or clinic to obtain a drug used for medication-induced abortions.

Clarke Forsythe, a lawyer with the Americans United for Life anti-abortion group that has urged Barrett’s appointment, said he expects the Supreme Court to “continue with an incremental approach” even if Trump’s nominee is confirmed, in part because of Roberts’ opinion in the Louisiana case.

But Jennifer Dalven, a lawyer with the American Civil Liberties Union, which backs abortion rights, said that with only four votes among the justices needed to take up a case, a newly emboldened conservative wing could force Roberts’ hand and take up a more direct challenge to Roe.

“Now,” Dalven said, “Chief Justice Roberts and his concern for the integrity for the court and his potential for being an incrementalist is not enough.”

(Reporting by Lawrence Hurley; Editing by Will Dunham and Scott Malone)

Around 295,000 without power from Hurricane Sally in Alabama, Florida

(Reuters) – Around 295,000 homes and businesses were still without power on Friday in Florida and Alabama after Hurricane Sally smashed into the Gulf Coast early Wednesday, according to local utilities.

That is down from a total of more than 614,000 customers affected by the storm in Florida, Alabama and Georgia.

NextEra Energy Inc’s Gulf Power utility in Florida said it has already restored service to about 158,000 customers. The utility still has about 126,500 without power.

In Louisiana, which was not hit by Sally, about 40,000 customers were still without power in the southwestern part of the state since Hurricane Laura hit the coast in late August.

Entergy Corp, which still has about 25,600 out in Louisiana, said it expected to restore service to most customers by Sept. 23. In the Hackberry area where the Cameron LNG export plant is located, Entergy has said it expects to restore service by Sept. 20.

(Reporting by Scott DiSavino)

U.S. energy firms tally damages from Hurricane Sally, begin restarts

By Erwin Seba

HOUSTON (Reuters) – Storm-tossed U.S. offshore energy producers and exporters began clearing debris on Thursday from Hurricane Sally and booting up idle Gulf of Mexico operations after hunkering down for five days.

The storm toppled trees, flooded streets and left almost 500,000 homes and businesses in Alabama and Florida without power. Sally became a tropical depression on Thursday, leaving widespread flooding along its path with up to a foot (30 cm) of rain falling in parts of Florida and Georgia.

Crews returned to at least 30 offshore oil and gas platforms. Chevron Corp began restaffing its Blind Faith and Petronius platforms in the Gulf of Mexico, following Murphy Oil Corp.’s restart.

Bristow Group, which transports oil workers from a Galliano, Louisiana, heliport, resumed crew-change flights to facilities in the west and central Gulf of Mexico.

“We are making flights offshore and experiencing a slight increase in outbound passengers,” said heliport manager Lani Moneyhon.

The Louisiana Offshore Oil Port, a deep water oil port that handles supertankers, reopened its marine terminal after suspending operations over the weekend.

Sally had shut 508,000 barrels per day (bpd) of oil production and 805 million cubic feet of natural gas, more than a quarter of U.S. Gulf of Mexico output, and halted petrochemical exports all along the Gulf Coast.

About 1.1 million bpd of U.S. refining capacity were offline on Wednesday, according to the U.S. Energy Department, including two plants under repair since Hurricane Laura and another halted by weak demand due to the COVID-19 pandemic.

Crude weakened early Thursday with U.S. futures down a fraction and trading below $40 a barrel. Gasoline futures inched higher in early trading, continuing gains this week.

Phillips 66, which shut its 255,600-bpd Alliance, Louisiana, oil refinery ahead of the storm, said it was advancing planned maintenance at the facility and would keep processing halted.

Royal Dutch Shell’s Mobile, Alabama, chemical plant and refinery reported no serious damage from an initial survey, the company said. Chevron said is a Pascagoula, Mississippi, oil refinery operated normally through the storm.

(Reporting by Erwin Seba; Writing by Gary McWilliams; Editing by Peter Cooney and Jonathan Oatis)

Georgia prosecutor asks court to revoke bond for former Atlanta policeman charged with murder

ATLANTA (Reuters) – A Georgia prosecutor has asked a judge to revoke the bond for the former Atlanta policeman charged with murder in the shooting of Rayshard Brooks, saying in court papers that he had violated its terms by taking an out-of-state vacation.

Brooks, a Black man, was fatally shot in June in the parking lot of a Wendy’s restaurant in Atlanta, an incident that was caught on video and set off days of protests over racial inequality and social injustice.

District Attorney Paul Howard asked the court late on Tuesday to send former officer Garrett Rolfe, 27, back to jail for violating the terms of his bond, which include a 6 p.m. to 6 a.m. curfew and an order that he stays within the court’s jurisdiction.

Rolfe, who was out of jail on $500,000 bond, went to Daytona Beach, Florida, according to the court filing, which cited data from an ankle-monitoring device.

The court papers, filed to Fulton Superior Court Judge Jane Barwick, also say the state received notice from Rolfe’s attorney on Monday that he had traveled to Florida for vacation.

Rolfe’s attorney, Noah Pines, could not immediately be reached for comment on Wednesday.

An attorney for Brooks’ family, Chris Stewart, said at a news briefing on Wednesday that he had never heard of someone out on bond being able to take a vacation.

“That is not a flight risk, that is flight,” he said.

No date has been set for a hearing on the prosecutor’s motion to revoke bail.

A second officer, Devin Brosnan, 26, was placed on administrative duty and charged with aggravated assault. The city’s police chief resigned after the incident.

In a separate legal action, Rolfe filed a civil lawsuit against the city and Mayor Keisha Lance Bottoms, contesting his firing from the department. It states that he was not given the benefit of a discipline hearing before he was dismissed.

(Reporting by Rich McKay in Atlanta; Editing by Bill Berkrot and Bernadette Baum)