ATLANTA >> Prosecutors in the state of Georgia are pushing for all defendants, including former President Donald Trump, to be tried together in a case accusing them of participating in an illegal scheme to overturn the results of the 2020 election. The prosecutors argue that trying the defendants together would be more efficient and fair.
The case, brought under the state’s anti-racketeering law, relies on the same witnesses and evidence that would be used in any trial. Trying the defendants separately would put a significant strain on the judicial resources of the county superior court and could unfairly favor defendants tried later, as they would have the advantage of reviewing the state’s evidence and arguments ahead of time, according to prosecutors.
Fulton County District Attorney Fani Willis had previously stated her intention to try all 19 defendants together. However, two of the defendants, lawyers Kenneth Chesebro and Sidney Powell, have filed speedy trial demands. Their trial has been scheduled for October 23, but Judge Scott McAfee expressed doubts about the feasibility of trying all defendants at once and requested a brief from the prosecutors explaining their position.
Chesebro and Powell, who are accused of involvement in different aspects of the scheme, had also requested separate trials, but McAfee denied their request. Chesebro allegedly worked on coordinating and executing a plan involving 16 Georgia Republicans declaring falsely that Trump had won the state. Powell is accused of participating in the breach of election equipment in rural Coffee County.
Other defendants have also requested to be tried alone or in smaller groups, but prosecutors noted that these defendants have not waived their rights to file speedy trial demands. The deadline for such demands is November 5, and if these demands are filed, it could lead to multiple trials starting within the two-month court term that begins on November 6. This could create security issues and burdens on witnesses and victims. Prosecutors argue that requiring defendants to waive their speedy trial rights as a condition to separate their cases would prevent these logistical challenges, harm to victims and witnesses, and the potential for gamesmanship.
Furthermore, prosecutors argue that defendants who claim they won’t be ready for trial by October 23 should be required to inform the court about when they expect to be ready.
Five of the defendants are seeking to move their cases to federal court, and Trump’s lawyers have suggested that he may do the same. Judge McAfee expressed concerns about proceeding with the state court trial while these attempts are ongoing. However, prosecutors highlight that the law explicitly allows the case to continue in state court while the decision on moving the case to federal court is pending.
Last week, Federal Judge Steve Jones rejected the attempt by Trump’s former White House chief of staff, Mark Meadows, to move his case to federal court and sent it back to state court. Meadows is currently appealing this ruling, and the other four defendants who have filed notice to move their cases have hearings before Judge Jones scheduled for next week.
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