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WASHINGTON (AP) — A federal appeals court said Thursday it plans to review a decision ordering the dismissal of the Justice Department’s case against former Trump national security adviser Michael Flynn.The action by the U.S. Circuit Court of Appeals for the District of Columbia is likely to prolong the fight over Flynn’s fate and represents yet another dramatic development in a case that has taken unexpected twists and turns over the last year and turned Flynn into something of a cause celebre for President Donald Trump and his supporters.Flynn pleaded guilty in 2017 to lying to FBI agents about his conversations with a Russian diplomat ahead of the inauguration of President Donald Trump.The court set arguments for Aug. 11. It did not offer an explanation for its decision in a brief order posted online, saying only "FURTHER ORDERED that oral argument before the en banc court be heard at 9:30 a.m. on Tuesday, August 11, 2020. The parties should be prepared to address whether there are 'no other adequate means to attain the relief' desired."A three-judge panel of the court ruled 2-1 last month that U.S. District Judge Emmet Sullivan had overstepped his bounds by not granting the Justice Department’s request to dismiss the case against Flynn.The Justice Department in May moved to dismiss the case against Flynn, one of the signature prosecutions of special counsel Robert Mueller’s investigation into Russian election interference.The motion followed a review by a U.S. attorney appointed by Attorney General William Barr to scrutinize the case.But rather than immediately dismiss the case, Sullivan appointed a retired federal judge to argue against the Justice Department’s position and to consider whether Flynn could be held in criminal contempt for perjury. Flynn’s lawyers asked the appeals court to step in and order Sullivan to grant the department’s request. 1894

VIENNA (AP) — Officials say at least two people were killed and 15 others wounded in Vienna after multiple gunmen opened fire on people enjoying a last evening out before lockdown in the Austrian capital. Austrian Chancellor Sebastian Kurz confirmed that one attacker was killed in what security officials were calling a terror attack. Austria’s top security official said authorities believe there were several gunmen involved and that a police operation was still ongoing. Interior Minister Karl Nehammer told public broadcaster ORF that the perpetrators were armed with rifles. He said the army had been asked to guard key locations in the city to allow police officers to pursue the suspected attackers." 717

WASHINGTON — A handful of states remained in play Friday in the tightly contested U.S. presidential race. The outcome of contests in Georgia, North Carolina, Pennsylvania and Nevada will determine whether Democrat Joe Biden or President Donald Trump wins.The solidly Republican state of Alaska has also not been called because it is only 50% counted and will not release absentee numbers until Nov. 10. It is not expected to impact the outcome.The Associated Press reviews the states that will determine the presidency:___GEORGIA: Outstanding ballots left to be counted in counties where Biden has performed well.THE BACKGROUND: Early Wednesday, Trump prematurely claimed he carried Georgia.“It’s ... clear that we have won Georgia. We’re up by 2.5%, or 117,000 (votes) with only 7% (of the vote) left” to count, Trump said during an early morning appearance at the White House. He also said he planned to contest the U.S. presidential election before the Supreme Court. It was unclear exactly what legal action he might pursue.The race is too early to call. With an estimated 99% of the vote counted there, Biden had overtaken Trump by more than 900 votes Friday morning, with thousands more ballots left to be counted.That includes mailed ballots from population-dense counties in the Atlanta metro region that lean Democratic. Biden is overperforming Hillary Clinton’s 2016 showing in those counties, including in their more upscale suburban reaches.___NEVADA: Race too early to call; vote count will continue for several more days.THE BACKGROUND: Democrat Joe Biden leads by less than 1 percentage point in Nevada over President Donald Trump, with more than 1.2 million ballots counted.That’s after election officials in Nevada released updated returns on Thursday, including a batch of 14,285 and 12,189 ballots, respectively, in the state’s two largest counties, Clark and Washoe.Overall, officials have tallied a little more than three-quarters of the state’s expected vote. Under state law, ballots postmarked by Election Day will still be counted if they arrive by Tuesday, Nov. 10. Clark County said Thursday it did not expect to complete counting the bulk of its mail votes until this weekend.Among the ballots still left to be processed in Nevada this year are provisional ballots, including 60,000 in Clark County, where most of the state’s voters live. Those ballots were mostly cast by voters who registered on Election Day and will be counted after officials verify their eligibility to be included.In a tight race, that could delay the AP declaring a winner. For example, in the 2004 race between George W. Bush and John Kerry, the AP did not call the winner of the election in Ohio until it was able to confirm that Bush’s lead exceeded the number of provisional ballots left to be counted.Nevada, once a swing state, has trended toward Democrats in the past decade. Trump narrowly lost Nevada in 2016. Bush was the last Republican to win there, in 2004.Biden’s lead in Nevada stands at 11,438 votes.___NORTH CAROLINA: Race too early to call. Ballots left to count.THE BACKGROUND: Trump prematurely claimed early Wednesday that he won the state.“We’ve clearly won North Carolina, where we’re up 1.7%, 77,000 votes with only approximately 5% left. They can’t catch us,” he said during an appearance at the White House. Trump also said he planned to contest the U.S. presidential election before the Supreme Court. It was unclear, exactly, what legal action he might pursue.Though Trump is correct that he held a nearly 77,000-vote lead, which he maintained Thursday morning, the race is too early to call with up to 116,000 mail ballots left to count, as well as about 41,000 provisional ballots statewide.As long as those ballots are postmarked by Nov. 3, state election officials have until Nov. 12 to count them. And when it comes to mail ballots, Biden was outperforming Trump. That means the ballots yet to be counted could give Biden a lead.___PENNSYLVANIA: Tens of thousands of ballots left to be counted.THE BACKGROUND: Pennsylvania is among a handful of battleground states Trump and Biden are narrowly contesting, and there were tens of thousands of votes left to be counted Friday morning.Trump, who held a 675,000-vote lead early Wednesday, prematurely declared victory in the state.“We’re winning Pennsylvania by a tremendous amount. We’re up 690,000 votes in Pennsylvania. These aren’t even close. It’s not like, ‘Oh, it’s close,’” Trump said during an appearance at the White House.But by early Friday, Biden had overtaken Trump in the number of ballots counted in the state, which Trump must win to have a shot at reelection. Biden held a nearly 6,000-vote advantage.Elections officials are not allowed to process mail-in ballots until Election Day under state law. It’s a form of voting that has skewed heavily in Biden’s favor after Trump spent months claiming without proof that voting by mail would lead to widespread voter fraud.Mail ballots from across the state overwhelmingly broke in Biden’s direction.There’s also a possibility the race won’t be decided for days. If there is less than a half percentage point difference between Biden's and Trump’s vote totals, state law dictates that a recount must be held.Democrats had long considered Pennsylvania a part of their “blue wall” — a trifecta that also includes Wisconsin and Michigan — that for years had served as a bulwark in presidential elections. In 2016, Trump won each by less than a percentage point.Biden, who was born in Scranton, claims favorite-son status in the state and has long played up the idea that he was Pennsylvania’s “third senator” during his decades representing neighboring Delaware. He’s also campaigned extensively in the state from his home in Delaware. 5784

WASHINGTON (AP) — Fervent supporters of President Donald Trump have rallied and marched in Washington behind his spurious claim of a stolen election. And Trump fans swarmed his motorcade when he detoured for a drive-by on his way out of town. Anthony Whittaker of Winchester, Virginia, says he came to help keep up Trump's spirits and to "let him know we support him."RELATED: Homeland Security agency: 2020 election was the ‘most secure in American history’It was a week ago when the race was called for Democrat Joe Biden. But Saturday's crowd of a few thousand was taking its cue from a president who's been unrelenting in asserting he won an election he actually lost.Trump persists even as Homeland Security officials declared that the Nov. 3 election went smoothly with no more than the usual minor hiccups, saying it was “the most secure in American history."RELATED: Posts falsify ties between Dominion Voting Systems and DemocratsBiden received 78,631,412 votes and is projected to take 290 electoral votes, compared to 72,907,402 votes and 232 electoral votes for Trump, the AP projects. 1105

WASHINGTON — Congress is defying President Donald Trump on removing Confederate symbolism from the military.The Senate on Thursday joined the House in approving legislation that would rename bases like Fort Bragg and Fort Benning that are named for Confederate officers.The Senate vote was an overwhelming 86-14 vote. Earlier this week, the House passed the measure with a 295-125 vote.The Senate passage opens the door for the Senate and House Armed Services Committees to open negotiations for a final version of the bill. Once that bill is passed, it would head to Trump's desk.Even if Trump were to veto the bill, Thursday's vote indicates that Congress could override it and make the bill a law.Trump has said he favors that military bases keep the names of Confederate military leaders, despite efforts from Pentagon officials to change the name. Trump says renaming the bases would be re-writing history; critics say it's inappropriate for U.S. military bases to bear the names of those who fought on the side of slavery and against the Union.There are currently 10 Army bases throughout the U.S. named after Confederate generals, as well as a number of smaller military institutions with such names.The legislation would approve 1 billion in spending for the military and also includes a 3% pay raise for the troops. 1335