GA - Ex-POTUS Donald Trump and others indicted, 13 counts in 2020 election interference, violation of RICO Act, Aug 2023 *4 guilty* #3

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BritsKate said:
I think you're spot on. It's why I was so sure he'd want to be on camera for arraignment. Obviously I was wrong but I get the same vibes as you.


I'm really not surprised. Their motion was essentially rehashing the argument they'd already presented to the Court and saying the Judge should have accepted it.

I've followed a lot of trials - mostly murder - but I really have never seen the rampant expectation of entitlement in these motions. It's not a good look for them and I wonder if that's not influencing my personal enmity. There appears to be little to no precedent for some of their requests too.

It could be that I just haven't seen it done before but I also couldn't seem to find another example of a criminal defendant being allowed access to Special Grand Jury transcripts or interviewing(!) Grand Jurors. And allowing a criminal defendant access to voting machines when his co-defendants are charged with illegally breaching similar equipment? Everyone wants a separate trial or doesn't want to be tried with this person or that person. One person's defense is the lawyer made me do it while the lawyer's defense is he was just doing his job. And it's only going to get crazier when we get to motions in limine.

Lastly, I keep meaning to post this and forgetting. In all its great multi-hundred page glory, I present Mark Meadows full motion to the Court of Appeals. It contains a court transcript of his removal hearing starting at page 88. I haven't had time to read it myself yet so won't really try to comment on it until I do. JMO

Mark Meadows Emergency Motion for Stay Pending Appeal and Expedited Review - 11th Circuit (Full)
Click to expand...
I'm far from a legal or courtroom expert, but it seems like the lawyers are purposely tangling the issues, which is not especially unexpected. Making an unmanageable mess for the D.A. is in their favor, gives the D.A. more chances to overlook something, make a mistake. I hope that tacit doesn't work and I do have faith in this D.A. office.

Another thing, imo, is this group of defendants is used to working in civil cases and dealing with the law on paper, and perhaps the tangle-y tactics are more common in that setting? IDK. Part of the "entitled" attitude might be they don't consider themselves "real criminals" but white-collar elites who shouldn't even be in criminal court. idk

jmopinion
 
BritsKate said:
I'm really beginning to think these defendants might actually have a legit shot at an insanity plea. It's the only way these motions make sense to me.

Anna Bower Tweets:


I will admit I've never followed a RICO case with 19 defendants almost half of whom are lawyers and several were either federal officers or the former executive but, across the board, what they're asking for in some of their motions is just jaw dropping.

Click to expand...
I'm certain his request will be quashed; the integrity of the machines was already verified at the federal level and 60+ court cases have already determined their was no fraudulent activity that caused Biden to win the election vice Trump; nor could Trump's vast national network produce a shred of evidence of such (despite having illegally breached those machines in Fulton County and accessing the data that was within them and sending it odd "for analysis" - Ms. Willis has the actual receipt!).

The court doesn't need to allow access to rehash facts that have already been determined IMO.
 
BritsKate said:
I'm really beginning to think these defendants might actually have a legit shot at an insanity plea. It's the only way these motions make sense to me.

Anna Bower Tweets:


I will admit I've never followed a RICO case with 19 defendants almost half of whom are lawyers and several were either federal officers or the former executive but, across the board, what they're asking for in some of their motions is just jaw dropping.

Click to expand...

to go with this quote.
Docket update

Floyd:

Events & Hearings
09/11/2023 MOTION
MOTION
Comment: Defendant Harrison Floyd's Motion to Sever Other Defendants and Offenses

09/11/2023 MOTION
MOTION
Comment: Harrison Floyd's Motion to Reveal the Deal

09/11/2023 MOTION
MOTION
Comment: Defendant Harrison Floyd's Motion to Unseal November 03, 2020 General Elections Materials

09/11/2023 MOTION
MOTION
Comment: Defendant Harrison Floyd's Motion to Unseal Special Grand Jury Transcripts, Recordings, and Reports

09/12/2023 BRIEF
BRIEF
Comment: STATES POST-HEARING BRIEF

link: Fulton County Magistrate, State, and Superior Court Record Search
 
www.upi.com

Trump co-defendant motions to unseal election records

A defendant in the Fulton County, Ga., election case has motioned to unseal copies of 2020 election records and any deal prosecutors have made with alleged co-conspirators, indicted or not.
www.upi.com www.upi.com

A defendant in the Fulton County, Ga., election case has motioned to unseal copies of 2020 election records and any deal prosecutors have made with alleged co-conspirators, indicted or not.

Attorneys for Harrison Floyd, the lone co-defendant who was not released on bond after surrendering to the Fulton County Jail last month, filed the motions on Monday, along with a motion to sever his case.
 
Inthedetails said:
Another thing, imo, is this group of defendants is used to working in civil cases and dealing with the law on paper, and perhaps the tangle-y tactics are more common in that setting?
Click to expand...

Excellent point! Plus, many of these defendants can afford an extended motion practice. That contrasts with, for example, a public defenders office that doesn’t have the budget to contest every single point along the way.
 
@AnnaBower

JUST IN: Oral argument on Meadows's motion for a stay pending appeal at the 11th Cir. is set for this FRIDAY, SEPTEMBER 15. The 3-judge panel is Judge Wilson (Clinton appointee), Judge Rosenbaum (Obama), and Judge Jordan (Obama)
 

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Reminder: Hearing tomorrow, September 14, 10am EST (15:00BST; 17:00 Niner; 00:00 AEST) Motions Hearing (Powell and Cheesebro). Will be livestreamed. Link: Judge McAfee's Court

Oral argument for Meadows appeal in CA11 is scheduled (sds just beat my typing skills :)) but I'll add it's at 10:15am Friday and unfortunately will not be streamed.
 
Last edited:
Docket updates:

for Trump:
Events & Hearings
09/12/2023 WAIVER
WAIVER
Comment: President Trump's Affirmative Waiver of Procedural Right To File A Demand For Speedy Trial Under OCGA 17-7-170 In Exchange For Severance

for Meadows:
Events & Hearings:
09/13/2023 WAIVER
WAIVER
Comment: Mark R. Meadows Affirmative Waiver of Procedural Right to File a Demand for Speedy Trial Under O.C.G.A. Section 17-7-170 in Exchange for Severance

for Still:
Events & Hearings:
09/13/2023 WAIVER
WAIVER
Comment: Defendant Shawn Still's Affirmative Waiver of Procedural Right to Demand A Speedy Trial Pursuant to O.C.G.A. 17-7-170 et seq.

for Lee:
Events & Hearings:
09/13/2023 WAIVER
WAIVER
Comment: Waiver of Procedural Right

for Floyd:
Events & Hearings:
09/13/2023 WAIVER
WAIVER
Comment: Defendant Harrison Floyd's Affirmative Waiver of Procedural Right to File a Demand for Speedy Trial

09/13/2023 NOTICE
NOTICE
Comment: Defendant Harrison Floyd's Notice of Filing Correspondence from State Bar

for Ellis
Events & Hearings:
09/13/2023 WAIVER
WAIVER
Comment: Waiver of Speedy Trial in Exchange for Severance

for Hall
Events & Hearings:
09/13/2023 WAIVER
WAIVER
Comment: Response to State's Post-Hearing Brief and Limited Waiver of Speedy Trial

for Shafer:
Events & Hearings:
09/13/2023 WAIVER
WAIVER
Comment: Defendant Shafer's Affirmative Waiver of Procedural Right to Demand a Speedy Trial Pursuant to O.C.G.A. 17-7-170 et seq.

for Cheeley:
Events & Hearings:
09/13/2023 WAIVER
WAIVER
Comment: Defendant Cheeley's waiver of statutory speedy trial

for ALL:
Events & Hearings:
09/13/2023 ORDER
ORDER
Comment: 2023.09.13 Image Pool Order Through 3_14_24

09/13/2023 ORDER
ORDER
Comment: 2023.09.13 Rule 22 Order

09/13/2023 ORDER
ORDER
Comment: 2023.09.13 Video Pool Order Through 3_14_24


link: Fulton County Magistrate, State, and Superior Court Record Search
 
Even thought there are only 2 today - I have left all my notes for all at the end of this - then I can shorten it up.


Thursday, Sept. 14th:
*Motions Hearing (@ 10am ET) - GA – State of Georgia
vs. Kenneth John Chesebro (61) (Trump lawyer) indicted & charged (8/14/23) with 1 count of violation of the Georgia RICO Act (1), 1 count of conspiracy to commit impersonating a public officer (9), 2 counts of conspiracy to commit forgery in the 1st degree (11 & 17), 2 counts of conspiracy to commit false statements & writings (13 & 19) & 1 count of conspiracy to commit filing false documents (15). (total 7 counts). Bond $100K. Surrendered 8/23/23. Plead not guilty (9/1/23) & waived his arraignment. Represented by Manubir Arora & Scott R. Grubman.
Trial set to begin on 10/23/23.
9/5/23 Update: Motions hearing on 9/6/23. 9/6/23 Update: Motions hearing on 9/14/23. Case management hearing on 9/29/23.
vs. Sidney Katherine Powell (68) (Trump campaign lawyer) indicted & charged (8/14/23) with 1 count of violation of the Georgia RICO Act (1), 2 counts of conspiracy to commit election fraud (32 & 33), 1 count of conspiracy to commit computer theft (34), 1 count conspiracy to commit computer trespass (35), 1 count conspiracy to commit computer invasion of privacy (36) & 1 count conspiracy to defraud the State. (total 7 counts). Bond $100K. Surrendered 8/23/23. Plead not guilty (8/29/23) & waived arraignment. Represented by Brian T. Rafferty.
Trial set to begin on 10/23/23.
9/5/23 Update: Motions hearing on 9/6/23. 9/6/23 Update: Motions hearing on 9/14/23. Case management hearing on 9/29/23.
9/6/23 Update: Motions hearing for Clark & Still on 9/18/23.
9/5/23 Update: Shafer filed Motion to Sever (from any co-defendants' that requested speedy trial).
9/6/23 Update: Motions hearing for Chesebro & Powell. See posts #64, 64, 66, 67, 69, 73, 75, 78 & 80 for more info here:
https://www.websleuths.com/forums/t...ation-of-rico-act-14-aug-2023-3.689482/page-4
State expects trial to last 4 months. Chesebro & Powell: No severance is necessary. Motion denied! October 23, 2023 trial date holds. Pretrial motions to exclude evidence are going to start coming in. Judge wants to meet weekly to discuss issues. 9/14/23 Thursday morning is the next hearing re motions on grand jury issues & gaining access to the identities of the unindicted co-conspirators.
9/6/23 Update: All defendants: State's motion to restrict jurors' identity. DA Willis filed a motion seeking to restrict dissemination of jurors identities by any defendant or media using the doxing of Grand Jurors as basis & includes an affidavit from the Atlanta Chief of Police stating a Russian company is responsible for their doxing & refuses to remove personal information.
9/6/23 Update: Meadows: Motion to sever defendant & to stay proceedings pending final federal decision on removal.
9/6/23 Update: Powell: Case management hearing on 9/29/23 @ 9am & trial set to begin on 10/23/23 @ 9am. Clark: Lodged Motion on Severance process. Chesebro: Case management hearing on 9/29/23 @ 9am & trial set to begin on 10/23/23 @ 9am.
9/6/23 Update: Hall: Motion for admission Pro Hac Vice-Jeffrey Weiner, Visel Villar & Diego Weiner.
9/7/23 Update: David Shafer filed Motion for Evidentiary Hearing regarding improper contact by Special Prosecutors Law Firm. Shafer asks Judge McAfee for an “evidentiary hearing” on what he calls “improper contact” from the law firm of Fulton County special prosecutor Nathan Wade. The “improper contact” appears to be an advertising letter from the firm, signed by Wade’s law partner.
9/7/23 Update: Trump's Initial Notice regarding removal of his prosecution to Federal Court filed by Steven H. Sadow.
9/7/23 Update: Giuliani: Verified application for Pro Hac Vice admission. 9/8/23: Preliminary Motion/Demand for discovery. Motion for indictment perfect in form & substance. 9/8/23: Motion for severance/continuance. 9/7/23 Update: Lee: Waiver of arraignment form amended. 9/8/23: Notice of election regarding discovery. 9/7/23 Update: Chesebro: General Demurrers to Count 1 (RICO). Cheeley: Motion for extension of time in which to file pretrial motions. Smith: Leave of Absence w/exhibit for attorney Kristen Wright Novay.
9/8/23 Update: Powell: Motion for severance order. Second motion to adopt Powell. 9/8/23: Latham: Defendant's Joinder of defendant Shafer's Motion.
9/8/23 Update: Special Purpose Grand Jury Report released. Charges recommended against Lindsey Graham, Cleta Mitchell, David Perdue, Mike Flynn, Kelly Loeffler, Jacki Pick, William Ligon, Cleta Mitchell & Boris Epshteyn & more. Link:
https://www.documentcloud.org/documents/23944933-2022-ex-000024-ex-parte-order-of-the-judge-2
9/8/23 Update: Meadows: Civil Action file #1:23-CV-03621-SCJ re Notice of Removal of Fulton County Superior Court Indictment. Order: Having considered the arguments & evidence, the Court concludes that Meadows has not met his burden. Therefore, the Court DECLINES to assume jurisdiction over the State's case to Fulton County Superior Court. The Court directs the clerk to terminate all pending motions & close this case signed by U.S. District Judge Steve C. Jones. 9/8/23 Update: Meadows filed Notice of Appeal.
9/8/23 Update: Clark: Defendant Joinder of defendant Shafer's motion for evidentiary hearing regarding improper contact by Special Prosecutors Law firm. 9/8/23 Update: Still: Motion to adopt defendant Shafer's motion to stay proceedings or for extension of time to file pretrial motions. 9/8/23 Update: Kutti: Objections. Request to not be included in speedy trial. 9/8/23 Update: DA Fulton County Fani Willis filed State of Georgia's Response to Defendant Jeffrey Bossert Clark's Notice of Removal.
9/11/23 Update: Meadows has now filed an emergency motion for the Federal Court to stay the order while he seeks relief in the 11th Circuit. In the exercise of the Court’s discretion, the Court orders expedited briefing. To this regard, the State shall file a response brief by 12 p.m., September 12, 2023.
9/11/23 Update: Trump: Notice of Defendant's election to proceed under OCGA 12-16-2. Motion to adopt co-defendant Chesebro's Motion to Dismiss indictment (Supremacy clause challenge-counts 1,9,11,13,15,17 & 19). Motion to adopt co-defendant Chesebro's General Demurrer to count one. Motion to adopt co-defendant Giuliani's preliminary motion to quash (General & special demurrers-counts, 1,9,11,13,15,17 & 19). Motion to adopt co-defendant Smith's Motion to Quash indictment (general & special demurrers-counts 1,6,9,11,13,15,17 & 19).
9/11/23 Update: Floyd: Defendant's motion to sever other defendants & offenses. Motion to reveal the deal. motion to unseal 11/3/20 General Elections materials. Motion to unseal Special Grand Jury transcripts, recordings & report. 9/12/23: State's post-hearing brief.
9/12/23 Update: Chesebro filed Motion to Dismiss the indictment under O.C.Ga.16-3-20(5) & (6). Moves to dismiss his criminal charges in Fulton County. He argues that his conduct was justified because he undertook the alleged actions while "fulfilling his duties to a client as an attorney."
9/12/23 Update: The Court DENIES Meadows’s Motion for an Emergency Stay. Doc. No. [74] for his notice of removal of Fulton County Superior Court Indictment by U.S. District Judge Steve C. Jones. 9/13/23 Update: Meadows: Appellant's request to expedite this appeal is Granted as follows: Appellant's initial brief is due by 9/18/23, Appellee's response brief is due by 9/25/23, Appellant's reply brief due by 9/28/23. If the Court determines that oral argument is warranted, it will be scheduled at a later date.
9/12/23 Update: ALL: Affirmative waiver of procedural right to file a demand for speedy trial under OCG 17-7-170 in exchange for severance. Order allowing recording device pursuant to Rule 22 on recording of Judicial proceedings. Order denying Rule 22 requests. The personnel who will be responsible for the use of this recording device are: WSB-TV, WAGA, WANF, WXIA & CourtTV.
9/13/23 Update: Meadows, Still, Lee, Ellis, Hall, Shafer, & Cheeley : Affirmative waiver of procedural right to demand a speedy trial. 9/13/23 Update: Floyd's Notice of Filing Correspondence from State Bar.
9/14/23 Update: Oral argument on Meadows's motion for a stay pending appeal at the 11th Cir. is set for this Friday, 9/15/23. The 3-judge panel is Judge Wilson (Clinton appointee), Judge Rosenbaum (Obama) & Judge Jordan (Obama).
 
www.usatoday.com

Why would defendants in Donald Trump's Georgia case want to move to federal court?

Five of the 19 people charged in Fulton County, Georgia argue their case should be moved to the federal level. What's their argument and the benefits?
www.usatoday.com

Five of former President Donald Trump’s co-defendants in his Georgia indictment, including former White House Chief of Staff Mark Meadows, want their charges moved to federal court, in a process known as removal.

And Trump may soon follow suit, according to a court filing by his attorneys last Thursday.

apnews.com

Trump waives right to speedy trial as Georgia prosecutor seeks to try him with 18 others next month

Former President Donald Trump and several other defendants are waiving their right to seek a speedy trial in the Georgia case in which they are accused of participating in an illegal scheme to overturn his loss in the 2020 presidential election.
apnews.com apnews.com
 
Meadows and Clark are the only defendants that meet federal officer requirements. (Trump's arguable since he was elected and the fake electors, not even the ghost of a chance). Of all the removal motions, Meadows had the best chance.
And well, we see how that's going.

Meadows problem is though he meets the federal officer requirements - he totally fails to prove the crimes he's charged with were committed in his role, performing his duties, as Chief of Staff. He's never been able to discern his duties as COS with his campagning activities and rather ignores that there may be any limitations at all to his role as a federal officer.

Clark's in a somewhat more tenuous postition though because his immediate superiors cautioned him against his actions and he willfully ignored them.
-------------
Reminder today is a motions hearing for defendants Powell and Chesebro. They're asking to interview the Grand Jurors; obstain transcipts of the Special Grand Jury proceedings; and to learn the identities of the 30 unindicted co-conspirators.

JMO
 
@KatiePhang

NEW: Judge McAfee has ruled that Kenneth Chesebro and Sidney Powell shall proceed to trial on October 23rd WITHOUT the other 17 co-defendants in Fulton County. Judge McAfee has not yet scheduled the other 17 co-defendants for trial.
 
State willingly provides list of unindicted co-conspirators with the understanding neither side will disseminate their indentities. Oral argument by defense for full Special Grand Jury transcripts (attorneys getting Grand Jury *testimony* isn't all that unusual but unusually they're asking for *everything*).

Judge is asking for case law - defendant's attorney admits he's no expert of SGJs. 2nd attorney agrees with the first and adds concern over due process and the State violating Brady (for those who don't know Brady's a legal rule that dictates the prosecutor MUST turn over exculpatory or impeachment evidence to the defense).

State's up to argue that case law favors the State (it does). Grand Jury proceedings are secret and defendants are not entitled to transcripts. One issue for the judge is a Special Grand Jury different than a Grand Jury? The State's arguing again no defense entitlement to Grand Jury transcripts and has case law at hand to undergird his argument.
 
Motion for Special Grand Jury transcripts is taken under advisement but will likely be granted *in part* - testimony of witnesses the State plans to call. A defense attorney is whining that the State isn't filing a response in writing. The State points out they did file a response but it hasn't hit the docket yet. Judge says State should send a courtesy copy to defense attorneys.

Defense Attorney is arguing that he may want witnesses the State doesn't plan on calling. Backs up his request by citing case law.

Judge suggests one solution may be he is given the entire transcript in camera so if an issue arises at trial... Again, he'll take some time and read all the filings before reaching a decision.

Last motion is interviewing Grand Jurors.
 
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