The judge presiding over the Georgia election subversion case, which involves former President Donald Trump, made a significant ruling on Wednesday. Two of the 19 defendants had requested to be tried separately—however, this request was denied.
“The pair would be tried together starting next month,” the judge overseeing the case said.
Lawyers Kenneth Chesebro and Sidney Powell, both of whom have demanded a separate trial, were informed by Fulton County Superior Court Judge Scott McAfee that both of their trials would commence on Oct. 23. Judge McAfee expressed doubts about the feasibility of trying all 19 defendants together in such a short timeframe.
“Based on what’s been presented today, I am not finding the severance for Mr. Cheseboro or Powell is necessary to achieve a fair determination of the guilt or innocence for either defendant in this case,” McAfee said.
The recent hearing shed light on potential trial proceedings. Prosecutors anticipate the trial will span four months and involve testimony from over 150 witnesses. This case stands out as it was broadcasted live on television and the judge’s YouTube channel.
This is a departure from the norm, as cameras were prohibited in the courtroom during the other three criminal cases against Trump.
“Because the trial was brought under Georgia’s anti-racketeering law, prosecutors would seek to prove the entire conspiracy against each defendant,” special prosecutor Nathan Wade said.
Last month, Fulton County District Attorney Fani Willis announced a comprehensive 41-count indictment. Willis expressed her preference for trying all 19 defendants together. However, the legal intricacies that have emerged since the indictment highlight the challenges of managing such an extensive case with numerous defendants.
Several defendants, including Chesebro and Powell, have made arguments for separate trials. Their lawyers contend that the two clients are unfamiliar with each other and have not been accused of committing the same acts in the indictment. They believe that trying them together would be akin to holding two distinct trials simultaneously, with evidence against one potentially prejudicing the other.
Other defendants have also expressed a desire for separate trials or to be tried in smaller groups. Trump, who is currently leading in the 2024 Republican presidential primary, has requested a separate trial from anyone demanding a speedy trial.
In related news, Trump’s former White House chief of staff, Mark Meadows, appeared in federal court last week. Meadows argued that his actions were in his capacity as a federal official, and therefore, his case should be overseen by a federal judge. U.S. District Judge Steve Jones has yet to make a decision on this matter. Four other defendants, who also wish to transfer their cases to federal court, have hearings scheduled with Judge Jones later this month.
Jury selection remains a significant hurdle for any trial related to this case. Previous racketeering and gang cases overseen by Willis have seen prolonged jury selection processes. For instance, a case Willis prosecuted nearly ten years ago against former Atlanta public school educators took six weeks just for jury selection.
To expedite the process, Willis’ team recently proposed the use of a jury questionnaire. This would allow potential jurors to provide answers before appearing for jury selection. The team believes this approach would streamline the selection process, as jurors might feel more at ease answering personal questions on paper rather than in open court.
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