Judge splits Trump’s Georgia election interference case, along with 16 others, from October trial

Judge Severs Georgia Election Interference Case, Donald Trump to be Tried Separately

In the ongoing criminal probe into alleged election interference in Georgia, Judge Scott McAfee has ordered the severance of the case. This means that 17 defendants, including former President Donald Trump, will not be tried alongside Kenneth Chesebro and Sidney Powell on October 23. The judge stated that severing the remaining defendants was a “procedural and logistical inevitability” due to issues related to due process and the voluminous discovery in the case.

While the judge did not rule out the possibility of “additional divisions” in the future, he made it clear that any defendant who does not waive their right to a speedy trial before October 23 will immediately join the trial. Trump has already waived his speedy trial rights. Fulton County District Attorney Fani Willis had been seeking to have all 19 defendants stand trial together, arguing that multiple trials would put an enormous strain on the court.

Judge McAfee had previously ordered Chesebro and Powell to be tried on October 23 after they filed speedy trial requests. However, his recent order to sever the remaining cases highlighted the challenges in safeguarding each defendant’s due process rights and ensuring adequate pretrial preparation on the current accelerated track. The judge also cited logistical concerns, stating that the courthouse did not have a courtroom large enough to accommodate all 19 defendants.

Trump and the other 18 defendants have pleaded not guilty to all charges in a sweeping racketeering indictment. They are accused of alleged efforts to overturn the results of the 2020 presidential election in Georgia. Trump maintains that his actions were not illegal and argues that the investigation is politically motivated.

Chesebro, one of the defendants, is accused in the indictment of drafting a strategy to use “alternate electors” to prevent Joe Biden from receiving 270 electoral votes. His attorneys argue that his actions were justified as he was fulfilling his duty as an attorney representing Trump. Powell, another defendant, is accused of conspiring with co-defendants to commit election fraud by allegedly encouraging and assisting in tampering with ballot markers and machines in an elections office.

As part of his defense, Chesebro filed a motion asking the district attorney to disclose the identities of the 30 unindicted co-conspirators mentioned in the indictment. Prosecutors confirmed during the recent hearing that they will disclose the names to the defense under a protective order, ensuring that they will not be made public.

The severance of the Georgia election interference case will allow for separate trials for the defendants, with Chesebro and Powell to be tried separately from Trump and the remaining 17 defendants. The decision aims to address procedural and logistical challenges while upholding the defendants’ due process rights. The trial proceedings will continue to unfold as the legal process moves forward.

Original Story at abcnews.go.com – 2023-09-14 14:26:15