Former campaign lawyer Sidney Powell’s stunning plea deal in the Georgia election subversion case on the eve of her trial will have a major impact on the ongoing state and federal prosecutions against the former president.
Recently, Powell continued to spread false claims on social media, alleging that the 2020 election was rigged against Trump. However, she appeared in an Atlanta courtroom on Thursday and confessed to attempting to interfere with the 2020 election.
Powell’s plea deal with Fulton County prosecutors requires her to testify truthfully against her co-defendants in upcoming trials, including Trump himself.
According to CNN senior legal analyst Elie Honig, this is a significant breakthrough for prosecutors, as genuine cooperation is crucial.
Here’s a detailed analysis of the potential impact on the ongoing cases.
Why did Powell plead guilty now?
Impending trials often motivate defendants to strike a deal, and it seems that Powell recognized this.
Rather than going to trial on seven felonies, Powell pleaded guilty to six misdemeanors. As part of the agreement, prosecutors recommended a probation-only sentence.
Only Powell and pro-Trump lawyer Kenneth Chesebro invoked their rights to a speedy trial under Georgia law. Chesebro has pled not guilty, and jury selection is scheduled to start on Friday.
What could Powell testify about?
Most notably, Powell was present at a White House meeting on December 18, 2020, where fervent Trump supporters encouraged him to appoint her as a special counsel to investigate alleged voter fraud, consider declaring martial law, and sign executive orders directing the military to seize voting machines.
Also in attendance were former Trump national security adviser Michael Flynn, former Trump lawyer Rudy Giuliani, and former Overstock.com CEO Patrick Byrne, who were fervent promoters of debunked election conspiracy theories. (Giuliani is also indicted in the Georgia case and has pled not guilty.)
The plea documents indicate that Powell is expected to testify about her direct involvement in breaching election systems in Coffee County, Georgia. A group of Trump supporters collaborated with a local election official in their quest for massive voter fraud.
Powell also maintained contact with the Trump White House and other individuals in Trump’s circle during the chaotic post-election period. She publicly threatened to “release the kraken” by filing dubious lawsuits across the country in an attempt to keep Trump in power. Her cases were dismissed as frivolous.
According to CNN legal analyst Elliot Williams, cooperators like Powell can provide firsthand testimony and evidence. If prosecutors find their cooperation insufficient, they have the option to withdraw the plea deal and proceed to trial.
Who should be concerned?
Powell’s plea deal most notably damages Trump’s defense.
According to Honig, she will have to admit her involvement in attempting to steal the election and acknowledge the illegality of her actions. All of this will be part of her testimony against the other 17 co-defendants, including Donald Trump.
However, it also puts anyone who collaborated with Powell to overturn the election in jeopardy, including the attendees of the White House meeting and the individuals involved in breaching Coffee County’s voting systems. With a key player now working for the prosecutors, their situation becomes more precarious.
Powell had extensive contact with other figures in Trump’s orbit and may be required to provide evidence against them. Furthermore, her guilty plea implicates a group of Republicans who breached Coffee County’s voting systems in early 2021. Scott Hall, another member of the alleged scheme, has already pled guilty.
She also communicated with prominent right-wing media personalities, such as former Fox News host Tucker Carlson and current Fox Business host Maria Bartiromo. All three of them are facing defamation lawsuits from voting technology companies, and Powell’s statements in the criminal cases could strengthen the defamation claims against them.
How does this impact the special counsel’s case against Trump?
Justice Department special counsel Jack Smith, who filed federal election subversion charges against Trump, might obtain new evidence thanks to Powell’s cooperation.
Whatever statements or testimony she provides to Georgia state prosecutors could be sought by federal investigators to use against Trump in his federal trial scheduled to begin in March in Washington, DC.
Furthermore, Powell is an unindicted co-conspirator in Trump’s federal indictment, indicating that the special counsel believes she committed a crime. This puts her at risk of potential federal charges, which may lead her to cooperate with Smith as well.
The federal indictment describes Powell as “an attorney whose unfounded claims of election fraud (Trump) privately acknowledged to others sounded ‘crazy’.”
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