NATIONAL NEWS

Trump won’t be tried with Powell and Chesebro next month in the Georgia election case, a judge rules

Sep 14, 2023, 6:45 AM | Updated: 1:26 pm

Fulton County Superior Judge Scott McAfee prepares to hear motions from attorneys representing Ken ...

Fulton County Superior Judge Scott McAfee prepares to hear motions from attorneys representing Ken Chesebro and Sidney Powell in Atlanta on Wednesday, Sept. 6, 2023. (Jason Getz/Atlanta Journal-Constitution via AP, Pool)
Credit: ASSOCIATED PRESS

(Jason Getz/Atlanta Journal-Constitution via AP, Pool)

ATLANTA (AP) — Donald Trump will not face trial next month in Georgia after a illegally trying to overturn the results of the 2020 election will be tried separately from two other defendants in the case.

Lawyers Sidney Powell and Kenneth Chesebro had filed demands for a speedy trial, and Fulton County Superior Court Judge Scott McAfee set their trial to begin Oct. 23. Trump and other defendants had asked to be tried separately from Powell and Chesebro, with some saying they could not be ready by the late October trial date.

Fulton County District Attorney Fani Willis last month obtained an indictment against Trump and the others, charging them under the state’s anti-racketeering law and accusing them of participating in an illegal scheme to deny Democrat Joe Biden’s victory over the Republican incumbent. All of those charged have pleaded not guilty.

Willis had been pushing to try all 19 defendants together, arguing that it would be fairer and more efficient. McAfee cited the tight timetable, among other issues, as a factor in his decision to separate Trump and 16 others from Powell and Chesebro.

“The precarious ability of the Court to safeguard each defendant’s due process rights and ensure adequate pretrial preparation on the current accelerated track weighs heavily, if not decisively, in favor of severance,” McAfee wrote. He added that it may be necessary to further divide the remaining 17 defendants into smaller groups for trial.

The development is likely welcome news to other defendants looking to avoid being tied by prosecutors to Powell, who perhaps more than anyone else in the Trump camp was vocal about publicly pushing baseless conspiracy theories linking foreign governments to election interference.

Another defendant in the Atlanta case, former New York City Mayor Rudy Giuliani, has sought to distance himself from Powell and spoke at length about her in an interview with special counsel Jack Smith’s team in Washington, according to a person familiar with his account who was not authorized to discuss the matter publicly and spoke on condition of anonymity.

Chesebro and Powell had sought to be tried separately from each other, but the judge also denied that request.

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. Powell is accused of participating in a breach of election equipment in rural Coffee County.

The nearly 100-page indictment details dozens of alleged acts by Trump or his allies to undo his 2020 loss in Georgia, including suggesting the secretary of state, a Republican, could help find enough votes for Trump to win the battleground state; harassing an election worker who faced false claims of fraud; and attempting to persuade Georgia lawmakers to ignore the will of voters and appoint a new slate of electors favorable to Trump.

McAfee said he was skeptical of prosecutors’ argument that trying all 19 defendants together would be more efficient. He noted that the Fulton County courthouse does not have a courtroom big enough to hold 19 defendants, their lawyers and others who would need to be present, and relocating to a bigger venue could raise security concerns.

Prosecutors also had said that because each defendant is charged under the state’s Racketeer Influenced and Corrupt Organizations Act, or RICO Act, the state plans to call the same witnesses and present the same evidence for any trial in the case. They told the judge last week that they expect any trial would take four months, not including jury selection.

But McAfee pointed out that each additional defendant increases the time needed for opening statements and closing arguments, cross-examination and evidentiary objections. “Thus, even if the State’s case remains identical in length, and the aggregate time invested by the Court is increased, the burden on the jurors for each individual trial is lessened through shorter separate trials,” he wrote.

The judge said that to satisfy the demands by Powell and Chesebro for a speedy trial, he will try to have a jury seated by Nov. 3. “With each additional defendant involved in the voir dire process, an already Herculean task becomes more unlikely,” he wrote.

Asked about the judge’s ruling at an unrelated news conference Thursday, Willis said her office is capable of trying big cases. “We’re not scared of large RICO indictments and we’re here for the task and ready to go,” she said.

McAfee also noted that five defendants are currently seeking to move their cases to federal court and litigation on that issue continues. If they were to succeed midway through a trial in state court, it’s not clear what the impact would be, McAfee wrote.

U.S. District Judge Steve Jones last week rejected a bid by Mark Meadows, Trump’s last White House chief of staff, to move his case to federal court. Meadows is appealing that ruling. The other four have hearings before Jones scheduled next week.

Meadows and three of the others had asked McAfee to halt state court proceedings while their efforts to move to federal court are pending. The judge denied that request.

Meadows had also asked the 11th U.S. Circuit Court of Appeals to stay the order sending his case back to state court while his appeal was pending. On Thursday, he withdrew that request, citing the appeals court’s approval of an expedited review and the scheduling order that McAfee entered for the defendants who will not be tried next month.

Also Thursday, McAfee held a motions hearing for Chesebro and Powell, both of whom are seeking the names of unindicted co-conspirators mentioned in the indictment and are trying to speak with the grand jurors who returned the indictment. Chesebro wants transcripts, recordings and reports from a special grand jury that aided the investigation.

Prosecutors agreed to disclose the names of the unindicted co-conspirators but objected to the other two requests. McAfee said he would rule on those two matters later.

___

Associated Press writers Eric Tucker in Washington and Sudhin Thanawala in Atlanta contributed to this report.

National News

Sen. Joe Manchin, D-W.Va., takes a moment to talk with reporters as he arrives at the Democratic Se...

Associated Press

Sen. Joe Manchin, an independent of West Virginia, urges Biden to withdraw from race

WASHINGTON (AP) — Sen. Joe Manchin, a Democrat turned independent, urged President Joe Biden on Sunday to drop his reelection bid and focus on the remaining months of his presidency. “I came to the decision with a heavy heart that I think it’s time to pass the torch to a new generation,” the West Virginia […]

56 minutes ago

Members of the U.S. Secret Service look on as Republican presidential candidate former President Do...

Associated Press

The Secret Service acknowledges denying some past requests by Trump’s campaign for tighter security

REHOBOTH BEACH, Del. (AP) — The Secret Service now acknowledges it denied some requests by Republican presidential nominee Donald Trump’s campaign for increased security at his events in the years before the assassination attempt on him at a recent rally. In the immediate aftermath of the July 13 attack, the law enforcement agency had denied […]

1 hour ago

Associated Press

Russia says it scrambled fighter jets to intercept U.S. bomber planes over Barents Sea

Russia said Sunday it scrambled fighter jets to intercept two U.S. military long-range bomber aircraft that approached the Russian border over the Barents Sea in the Arctic. “The crews of the Russian fighters identified the aerial target as a pair of U.S. Air Force B-52H strategic bombers,” Moscow’s defense ministry wrote on the social media […]

2 hours ago

FILE - Secret Service Director Kimberly Cheatle attends a news conference, June 4, 2024, in Chicago...

Associated Press

Secret Service chief noted a ‘zero fail mission.’ After Trump rally, she’s facing calls to resign

WASHINGTON (AP) — When safeguard the American president and other dignitaries, she said she would talk to agents in training about the “awesome responsibility” of their job. “This agency and the Secret Service has a zero fail mission,” Cheatle, who is now director of the agency, said in 2021 during a Secret Service podcast called […]

2 hours ago

Janet Jarrett shows a photo of her sister, Pamela Jarrett, she keeps on her phone at the home they ...

Associated Press

Heat-related Texas deaths climb after Beryl left millions without power for days or longer

SPRING, Texas (AP) — As the temperature soared in the Houston-area home Janet Jarrett shared with her sister after losing electricity in Hurricane Beryl, she did everything she could to keep her 64-year-old sibling cool. But on their fourth day without power, she awoke to hear Pamela Jarrett, who used a wheelchair and relied on […]

9 hours ago

Melissa Shepard, left, directing attorney of Immigrant Defenders Law Center, explains the Biden adm...

Associated Press

Behind Biden’s asylum halt: Migrants must say if they fear deportation, not wait to be asked

TUCSON, Ariz. (AP) — Posters inside a complex of giant, white tents tell migrants in English, Spanish, Mandarin and Hindi they should tell an officer if they fear being deported and “your claim will be heard.” On a side wall where migrants are seated in a processing area, a video conveys the same message on […]

9 hours ago

Trump won’t be tried with Powell and Chesebro next month in the Georgia election case, a judge rules