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

[Inthedetails]

Pretrial motions to exclude evidence are going to start coming in. Judge wants to meet weekly to discuss issues. Thursday morning is the next hearing but I didn't catch what time.

All the defendants and their attorneys irk me to no end and I think I may be a masochist following this one. No big surprises though - based on the motions filed, they really hadn't made a case for severance other than what came across to me as whining entitlement. JMO

I honestly didn't know what to expect as a decision, but I wasn't expecting the decision to be made from the bench today. I thought we'd have to wait. Glad to hear it was decided.

Now we move on....to the next complication.

jmo

 

[BritsKate]

I honestly didn't know what to expect as a decision, but I wasn't expecting the decision to be made from the bench today. I thought we'd have to wait. Glad to hear it was decided.

Now we move on....to the next complication.

jmo

So...later this evening then? So glad I'm not following this alone - I'd drive both myself and my husband crazy. I thought Chesebro would be forced to trial with Powell - I actually think he's lucky it's just Powell that has requested a speedy trial too.
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Just for the benefit of folks who don't know - in order to be severed from one another, either Chesebro or Powell would have had to prove going to trial with the other irrepably harmed their own due process - effectively that they could not, would not, be afforded a fair trial. Like most defense mechanisms there's a test in place to prove it to the satisfaction of the court.

I totally get why they wanted severance as they seem to want to argue this is a straight up criminal prosecution and not a RICO case so they believe each defendant will be responsible solely for their own actions and not the actions of the conspiracy. But it is a RICO case and I personally feel the attorneys involved (and a reminder that Chesebro and Powell are both attorneys themselves) are doing a disservice to their clients by not treating as a RICO case. It's not enough to claim your client has never been to Georgia when said client devised the fake elector scheme USED in Georgia. And it's not enough to claim because they didn't know one another, weren't working on the same parts of the conspiracy, that they shouldn't be tried together because their sole actions were in furtherance of the same conspiracy - their goal, to subvert the certification of the election, therefore keeping Trump in power as president.

That's enough to satisfy RICO alone. All JMO
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New news: Meadows has now filed for severance and suspension of state court proceedings too.

 

[BritsKate]

Here's the full hearing if anyone missed it:

 

[Inthedetails]

So...later this evening then? So glad I'm not following this alone - I'd drive both myself and my husband crazy. I thought Chesebro would be forced to trial with Powell - I actually think he's lucky it's just Powell that has requested a speedy trial too.
------------
Just for the benefit of folks who don't know - in order to be severed from one another, either Chesebro or Powell would have had to prove going to trial with the other irrepably harmed their own due process - effectively that they could not, would not, be afforded a fair trial. Like most defense mechanisms there's a test in place to prove it to the satisfaction of the court.

I totally get why they wanted severance as they seem to want to argue this is a straight up criminal prosecution and not a RICO case so they believe each defendant will be responsible solely for their own actions and not the actions of the conspiracy. But it is a RICO case and I personally feel the attorneys involved (and a reminder that Chesebro and Powell are both attorneys themselves) are doing a disservice to their clients by not treating as a RICO case. It's not enough to claim your client has never been to Georgia when said client devised the fake elector scheme USED in Georgia. And it's not enough to claim because they didn't know one another, weren't working on the same parts of the conspiracy, that they shouldn't be tried together because their sole actions were in furtherance of the same conspiracy - their goal, to subvert the certification of the election, therefore keeping Trump in power as president.

That's enough to satisfy RICO alone. All JMO
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New news: Meadows has now filed for severance and suspension of state court proceedings too.

I'm super glad to be following these cases with others too. I would still do it on my own, though. And I'm glad people here know about the law, court proceedings, etc - court cases are not my strong suit but I like figuring out how details fit together so I try to hang with the knowledgeable people by reading the actual court documents (not just news stories), looking up what I don't understand, and asking questions....but there are so many complications that bog this case down!

jmo

 

[margarita25]

but I like figuring out how details fit together so I try to hang with the knowledgeable people by reading the actual court documents (not just news stories), looking up what I don't understand, and asking questions....

Your name suits you

 

[AzPistonsGirl]

I'm here too, appreciating both the commentary and the facts. And that there are learned people here.
Also, I'm lawyer adjacent (lol) and prepping for trial in a case where we recently had (state) RICO charges dismissed and have mixed feelings about parts of the statute.

I do not have mixed feelings as far as this debacle is concerned and appreciate being in sympathetic company.

 

[Inthedetails]

I have a handwritten cheat sheet on my desk. I'm starting to memorize some of the names, but I have to refer to my notes all the time.

jmo

Just thinking about how I refer to my cheat sheet to keep the defendants organized in my brain, I wonder how jury members will handle that? It will be a challenge, imo.

jmo

 

[BritsKate]

We really need Judge Jones to shake his tailfeather on Meadows bid for removal because I think a whole lot hinges on that decision. Both sides get to appeal as well iirc so there's more time down a rabbit hole. (There's not as much case law on that because, shocker, most federal officials don't go interfering in how a state runs its elections.)

At this juncture though, I think Powell and Chesebro go to trial October 23rd or shortly thereafter - there's going to be a bevy of pretrial motions trying to separate the two from the rest of the conspiracy. I believe it's likely the other 17 will be broken into maybe 2-3 smaller groups but I understand why the State wants to keep them together. Just not certain about the practicality and the judge really seemed skeptical over 19 so I don't imagine 17 would be much different. He is willing to entertain the State's arguments though - I think Tuesday is the due date for those.

Once a jury is sworn, a defendant is in jeopardy so a potential nightmare scenario is a trial begins with a seated jury and the removal is then granted, kicking the case to federal. Does double jeopardy then apply because you're trying someone twice for the same crime?

Oh and I don't believe Mark 'I deserve the specialist special treatment' Meadows will succeed in his quest for severance. And thanks to Deadline White House I can giddily report the prosecutor I may leave my husband for is named Will Wooten, Deputy District Attorney Major Crimes Division and White Collar Crime Unit. And no, I totally did not google him.

(Victims very often get overlooked when it comes to white collar crimes and yet in addition to the horrors Shaye Moss and Ruby Freeman faced, you also had multiple public servants facing abuse and death threats targeting both them and their families just for doing their jobs. Hell, you still do - now it's prosecutors and judges in addition to poll workers and election officials. So him mentioning those victims mattered to me.) All JMO

 

[sds71]

The Giuliani aide who ‘vanished’

Documents reviewed by POLITICO — and also in the hands of federal prosecutors — offer new details about Rudy Giuliani’s ill-fated efforts to reverse the 2020 election.

www.politico.com

Friess, who did not respond to inquiries, has not been accused of any wrongdoing — by prosecutors or by Congress. And she has not been mentioned in either of the criminal cases charging Trump with conspiring to subvert the election. Two Georgia election workers who are suing Giuliani for defamation tried unsuccessfully to subpoena and depose her. But after searching for her for months, they gave up, saying Friess “vanished.”

The House Jan. 6 select committee also sought to depose Friess but never managed to secure her testimony. She sued to block the panel’s investigators from obtaining her phone records — and though they prevailed in the suit, there’s no public indication they ever got them.

Dozens of those documents, which have been reviewed by POLITICO, add new detail to the public understanding of how Trump’s allies operated after Election Day — and how they grappled with obstacles both immense and quotidian.

In other emails reviewed by POLITICO, Friess repeatedly sought payment for her work. On Dec. 26, 2020, she wrote to Kerik: “I am resending my first invoice, as I received a check from Trump for President, Inc., but it was for $905, which is $15,000 short of the full amount. Would be grateful if you could kindly check on that please.”

Kerik then forwarded Friess’ email to Boris Epshteyn, a Trump lawyer and campaign aide.

“???????” Kerik added…

In its final report, the Jan. 6 select committee homed in on an email sent on Jan. 4, 2021 — provided to the committee by Trump ally Christina Bobb — in which Friess raised concerns about their evidence that dead people had voted.

“[M]any of the dead voters on the GA list sent their vote in before they passed,” she noted. “I don’t think this makes a particularly strong case … I think this makes the case for unfortunate timing … rather than nefarious activity.”

Despite that warning, Trump claimed in his speech on Jan. 6 that more than 10,000 dead Georgians voted in the 2020 election. Jan. 6 committee investigators pointed to Friess’ email as evidence that Trump’s advisers knew claims he pushed were false. Prosecutors could now use it to make the same argument about Trump himself.

 

[BritsKate]

https://twitter.com/x/status/1699529988330991653

For folks not on Twitter: Fani Willis has filed a motion seeking to restrict dissemination of jurors identities by any defendant or media using the doxing of Grand Jurors as basis and includes an affidavit from the Atlanta Chief of Police stating a Russian company is responsible for their doxing and refuses to remove personal information. (Russia? I don't believe that's a coincidence. JMO)

 

[JerseyGirl]

Georgia judge rules that Sidney Powell and Kenneth Chesebro can be tried together starting Oct. 23

The judge overseeing the Georgia election subversion case involving former President Donald Trump has denied requests by two of the 19 defendants to be tried alone, instead saying the pair would be tried together starting next month.

apnews.com

The judge said Chesebro and Powell would be tried together starting on the Oct. 23 trial date already set for Chesebro to comply with their demands for a speedy trial. He gave prosecutors until Tuesday to submit a brief on whether it should be a trial of two defendants or 19.

 

[musicaljoke]

https://twitter.com/x/status/1699529988330991653

For folks not on Twitter: Fani Willis has filed a motion seeking to restrict dissemination of jurors identities by any defendant or media using the doxing of Grand Jurors as basis and includes an affidavit from the Atlanta Chief of Police stating a Russian company is responsible for their doxing and refuses to remove personal information. (Russia? I don't believe that's a coincidence. JMO)

That has to be very scary for the jurors. Do we know what protections have been given to them?

 

[Inthedetails]

That has to be very scary for the jurors. Do we know what protections have been given to them?

I hope the other jurisdictions where the defendant faces trial are paying attention.

jmo

 

[JerseyGirl]

Trump Conspiracy-Peddling 'Ringleader' Mark Meadows Sold Off $750k Condo Months Before RICO Indictment

Mark Meadows preps legal war chest by unloading his $750k condo.

radaronline.com

Former White House chief of staff Mark Meadows pocketed a cool $750k last year when he offloaded a swanky 2-bedroom 1,038 square foot condominium in the Washington, D.C. suburb of Alexandria, Virginia, property records showed.

Meadows, 64, became the third member of Trump’s Dream Team of now-disgraced lawyers raising a legal war chest to fend off charges of allegedly violating Georgia’s Racketeering Influenced and Corrupt Organizations Act (RICO).

 

[MyBelle]

Georgia judge rules that Sidney Powell and Kenneth Chesebro can be tried together starting Oct. 23

The judge overseeing the Georgia election subversion case involving former President Donald Trump has denied requests by two of the 19 defendants to be tried alone, instead saying the pair would be tried together starting next month.

apnews.com

The judge said Chesebro and Powell would be tried together starting on the Oct. 23 trial date already set for Chesebro to comply with their demands for a speedy trial. He gave prosecutors until Tuesday to submit a brief on whether it should be a trial of two defendants or 19.

The government had asked for two weeks to submit the brief. They also said they want an Oct. 23 start date for everybody else.

From your link:
This is quite an understatement about the Judge's reaction: "but seemed skeptical of prosecutors’ arguments that all 19 defendants could be tried together that soon.

“It just seems a bit unrealistic to think we can handle all 19 in 40 days. That’s my initial reaction,” he said.

JMO

 

[JerseyGirl]

Former Trump lawyer John Eastman took the stand during California disbarment hearing

Former Trump lawyer John Eastman took the stand at his disbarment hearing and disputed claims he said former Vice President Mike Pence could reject slates of electors.

abcnews.go.com

Former Trump election lawyer John Eastman took the stand once again during his disbarment hearing in California on Wednesday, where he disputed two former White House officials' claims that Eastman said former Vice President Mike Pence could reject slates of electors during a meeting with Pence and former President Donald Trump on January 4, 2021.

Eastman faces 11 disciplinary charges in the State Bar Court of California stemming from his "legal strategy" aimed at having former Vice President Mike Pence interfere with the certification of the 2020 election.

 

[vls12345]

Trump Conspiracy-Peddling 'Ringleader' Mark Meadows Sold Off $750k Condo Months Before RICO Indictment

Mark Meadows preps legal war chest by unloading his $750k condo.

radaronline.com

Former White House chief of staff Mark Meadows pocketed a cool $750k last year when he offloaded a swanky 2-bedroom 1,038 square foot condominium in the Washington, D.C. suburb of Alexandria, Virginia, property records showed.

Meadows, 64, became the third member of Trump’s Dream Team of now-disgraced lawyers raising a legal war chest to fend off charges of allegedly violating Georgia’s Racketeering Influenced and Corrupt Organizations Act (RICO).

I sure hope the IRS is paying attention too. I don't really trust him (or the other defendants) to accurately report the income and/or how he is using those amounts. MOO.

 

[MamaSleuth5]

I think Meadows is trying to delay the trial, hoping the case will be closed before the presidential election.

@Werlan Welcome to websleuths!

 

[BritsKate]

Former Trump lawyer John Eastman took the stand during California disbarment hearing

Former Trump lawyer John Eastman took the stand at his disbarment hearing and disputed claims he said former Vice President Mike Pence could reject slates of electors.

abcnews.go.com

Former Trump election lawyer John Eastman took the stand once again during his disbarment hearing in California on Wednesday, where he disputed two former White House officials' claims that Eastman said former Vice President Mike Pence could reject slates of electors during a meeting with Pence and former President Donald Trump on January 4, 2021.

Eastman faces 11 disciplinary charges in the State Bar Court of California stemming from his "legal strategy" aimed at having former Vice President Mike Pence interfere with the certification of the 2020 election.

I'm still stunned by this in all honesty. You're a lawyer under criminal indictment and you take the stand in a disbarment proceeding?!?!? Call me kooky but if I had a choice between practicing law and staying out of prison I would happily hand over my license at the absolute first opportunity. Incredible lapse in judgement I really think is going to hurt him in trial.
Breathtaking hubris.

Bar counsel was literally reading straight from the indictment when grilling him!

 

[BritsKate]

That has to be very scary for the jurors. Do we know what protections have been given to them?

So far, I don't believe anything but the State's motion requests defendants, members of the press or any other person be barred from disseminating potential jurors and empaneled jurors identities during voir dire and trial. They go on to specifically request the Court:

1) Prevent any Defendant, members of the press or any other person from videotaping, drawing, photographing, or otherwise creating or publishing images of the jurors or prospective jurors inside or outside the courtroom; and

2) Prevent any Defendant, members of the press or any other person from publishing any verbal or written descriptions of any information that would assist persons in determining the identity of any jurors or prosepective jurors, specifically physical descriptions, telephone numbers, addresses, employer names, and membership affiliations of all jurors or prospective jurors.
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Just so people know this is to preserve and protect the rights of the defendants every bit as much as the potential jurors to ensure defendants receive a fair trial.
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I posted in the DC case that a jury could very well be sequestered due to the magnitude and publicity of the trial. I think it's quite possible that happens in this case too. It's a lot easier to protect the jurors if they aren't all headed home in different directions at the end of each day. However, that does complicate jury selection. Not many people have the ability to effectively put their life on pause for 4-8 months. (The judge had mentioned that the trial could quite easily be double what the State were projecting in yesterday's hearing.)

And obviously sequestering a jury comes with a hefty price tag. Judges aren't too keen on doing it for a multitude of reasons - one major one being the inconvenience to jurors - but this case is historical so if there was ever a time, now is probably it. What you don't want is having to retry or have a conviction reversed on appeal after spending so much on the initial trial(s) - and I mean money, time, courtroom real estate, etc.

JMO and FWIW