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GA judge: Sidney Powell & Chesebro can be tried Oct. 23

The judge overseeing the Georgia election subversion case involving former President Donald Trump on Wednesday denied requests by two of the 19 defendants, lawyers Kenneth Chesebro and Sidney Powell, to be tried alone, instead saying the pair would be tried together starting next month. The Associated Press has the story:

GA judge: Sidney Powell & Chesebro can be tried Oct. 23

Newslooks- ATLANTA (AP)

The judge overseeing the Georgia election subversion case involving former President Donald Trump on Wednesday denied requests by two of the 19 defendants to be tried alone, instead saying the pair would be tried together starting next month.

Since lawyers Kenneth Chesebro and Sidney Powell have both filed speedy trial demands, Fulton County Superior Court Judge Scott McAfee said their trial would begin Oct. 23, but he seemed skeptical of prosecutors’ arguments that all 19 defendants could be tried together that soon.

FILE – Former President Donald Trump speaks at a rally in Wilkes-Barre, Pa., Sept. 3, 2022. Shareholders of a business looking to merge with the social media company that houses Trump’s Truth Social have voted to extend a deadline to give more time to complete the deal. Digital World Acquisition Corp. said Wednesday, Sept. 6, 2023 that its stockholders voted to give up to a one-year extension to finish the deal. (AP Photo/Mary Altaffer, File)

“It just seems a bit unrealistic to think we can handle all 19 in 40 days. That’s my initial reaction,” he said.

https://www.newslooks.com/trumps-ga-case-prosecutors-trial-would-take-4-months/The hearing provided some insight into how the case could play out, with prosecutors estimating a trial would take four months and that they’d call more than 150 witnesses. It was also broadcast live on television and on the judge’s YouTube channel, a marked difference from the other three criminal cases against Trump, where cameras have not been allowed in the courtroom during proceedings.

Fulton County Superior Court Judge Scott McAfee listens as he presides over a hearing regarding media access in the case against former President Donald Trump and 18 others at the Fulton County Courthouse in Atlanta, Thursday, Aug, 31, 2023. (Arvin Temkar/Atlanta Journal-Constitution via AP, Pool)

Special prosecutor Nathan Wade, who provided the four-month estimate, said that did not include jury selection and added that whether or not defendants choose to testify could affect timing. But he said he expects a trial to take that long regardless of how many defendants it includes, arguing that because the trial was brought under Georgia’s anti-racketeering law prosecutors would seek to prove the entire conspiracy against each defendant.

In announcing the wide-ranging 41-count indictment last month, Fulton County District Attorney Fani Willis said she wants to try all 19 defendants together. But the legal maneuvering that has already begun in the three weeks since the indictment was returned underscores the logistical complexity inherent in such a sprawling indictment with so many defendants.

Fulton County District Attorney Fani Willis speaks in the Fulton County Government Center during a news conference, Monday, Aug. 14, 2023, in Atlanta. Donald Trump and several allies have been indicted in Georgia over efforts to overturn his 2020 election loss in the state. (AP Photo/John Bazemore)

Already some defendants are seeking to speed up the process, some are trying to separate themselves from the others accused in the alleged conspiracy and some are trying to move the charges against them from a state court to federal court. All of them have pleaded not guilty.

The judge said he would try Chesebro and Powell together and adhere to an Oct. 23 trial date already set for Chesebro to comply with their demands for a speedy trial. He gave prosecutors until Tuesday to submit a brief on whether it should be a trial of two defendants or 19.

This booking photo provided by the Fulton County Sheriff’s Office shows Sidney Powell on Wednesday, Aug. 23, 2023, in Atlanta, after she surrendered and was booked. Powell is charged alongside former President Donald Trump and 17 others, who are accused by Fulton County District Attorney Fani Willis of scheming to subvert the will of Georgia voters to keep the Republican president in the White House after he lost to Democrat Joe Biden. (Fulton County Sheriff’s Office via AP)

Lawyers for Chesebro and Powell argued separately that their clients don’t know each other and are not accused in the indictment of having participated in the same acts. They said it would be like conducting two distinct trials at the same time and that the unrelated evidence against one of them could taint the other.

Chesebro attorney Scott Grubman said he understands that the state brought the case under the Racketeer Influenced and Corrupt Organizations Act, or RICO, which has particular rules, but he argued “that should not override Mr. Chesebro’s right to a fundamentally fair trial.”

Chesebro is accused of working on the coordination and execution of a plan to have 16 Georgia Republicans sign a certificate declaring falsely that Trump won and declaring themselves the state’s “duly elected and qualified” electors. His other attorney, Manny Arora, called that the “intellectual” part of the case that had nothing to do with any “shenanigans” on the ground in Georgia and said his defense would rely on paperwork and legal opinion.

This booking photo provided by the Fulton County Sheriff’s Office shows Kenneth Chesebro on Wednesday, Aug. 23, 2023, in Atlanta, after he surrendered and was booked. Chesebro is charged alongside former President Donald Trump and 17 others, who are accused by Fulton County District Attorney Fani Willis of scheming to subvert the will of Georgia voters to keep the Republican president in the White House after he lost to Democrat Joe Biden. (Fulton County Sheriff’s Office via AP)

Powell is accused of participating in a breach of elections equipment in rural Coffee County. Specifically, she’s alleged to have hired and paid a computer forensics team that copied data and software from the elections equipment without authorization.

Her attorney, Brian Rafferty, said prosecutors have it wrong and that the evidence will show she was “not the driving force” behind that effort. He said he’s afraid the evidence he presents will get “washed away” by the technical evidence produced by Chesebro’s defense team if they’re tried together.

Special Prosecutor Nathan Wade, representing the District Attorney’s office, argued before Fulton County Superior Judge Scott McAfee who heard motions from attorneys representing Ken Chesebro and Sidney Powell in Atlanta on Wednesday, Sept. 6, 2023. Prosecutors in the Georgia election subversion case involving ex-President Donald Trump say a trial would likely take four months. The estimate from Wade came during a hearing Wednesday before Fulton County Superior Court Judge Scott McAfee on attempts by Chesebro and Powell to be tried separately. (Jason Getz/Atlanta Journal-Constitution via AP, Pool)

Fulton County Deputy District Attorney Will Wooten said he understands the defense concerns and arguments but that, “Conspiracy cases, and more specifically RICO conspiracy case, are different.”

“The problem for them is that it doesn’t matter because it’s all part of the same overarching RICO conspiracy,” he said, explaining that any evidence and law that can be used against one defendant can be used against all of them because they are all liable for all of the acts alleged in the indictment.

Several other defendants have also asked to be tried separately or in small groups, and Trump, the early front-runner in the 2024 Republican presidential primary, has asked to be tried apart from anyone who files a speedy trial demand.

Attorney Brian Rafferty (right), who is defending Sidney Powell, argues before Fulton County Superior Judge Scott McAfee. McAfee is hearing motions from attorneys representing Ken Chesebro and Sidney Powell in Atlanta on Wednesday, Sept. 6, 2023. (Jason Getz/Atlanta Journal-Constitution via AP, Pool)

Meanwhile, former White House chief of staff Mark Meadows was in federal court last week arguing that he was acting in his capacity as a federal official and his case should be heard by a federal judge. U.S. District Judge Steve Jones has yet to rule on that request. Four other defendants who are also seeking to move their cases to federal court have hearings set before Jones later this month.

Whenever and wherever any trial in the case ultimately takes place, jury selection is likely to be a significant challenge. Jury selection in a racketeering and gang case brought last year by Willis began in January and is still ongoing. In another big racketeering case, Willis tried nearly a decade ago against former Atlanta public schools educators, it took six weeks to seat a jury.

Attorney Brian Rafferty (left), who is defending Sidney Powell, and Special Prosecutor Nathan Wade shake hands after Fulton County Superior Judge Scott McAfee heard motions from attorneys representing Ken Chesebro and Sidney Powell in Atlanta on Wednesday, Sept. 6, 2023. (Jason Getz/Atlanta Journal-Constitution via AP, Pool)

Willis’ team on Tuesday asked McAfee to allow the use of a jury questionnaire that prospective jurors would have filled out before they show up for jury selection, writing in a court filing that it “will facilitate and streamline the jury selection process in many respects.” Prospective jurors may be more comfortable answering personal questions on paper than in open court and lawyers for both sides could agree that certain jurors aren’t qualified without additional questioning, prosecutors said.

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