Emergency Evidence Seal Requested by Fulton County Prosecutors Following Video Leak in Election Subversion Case
Fulton County prosecutors urgently seek to seal evidence following the unauthorized disclosure of discovery materials in the election subversion case against Donald Trump They file a motion for a protective order to safeguard against further public exposure
A release of evidence in the Georgia election interference lawsuit involving former President Donald Trump and his co-defendants prompted the Fulton County district attorney's office to urgently request a protective order in an effort to prevent the public disclosure of additional materials.
Former President Donald Trump sits in the courtroom during his civil fraud trial at New York State Supreme Court on November 6, 2023 in New York City.
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Proffer videos, which are recorded conversations between some of Trump's co-defendants and prosecutors, have been leaked to multiple news outlets. ABC News and The Washington Post have reported on these videos, which feature on-camera statements from former pro-Trump attorneys Jenna Ellis, Sidney Powell, Kenneth Chesebro, and Atlanta-based bail bondsman Scott Hall.
The plea deals required all four individuals to provide their proffers to prosecutors as part of the sprawling racketeering case brought against them by the DAs office.
Fulton County DA Fani Willis renewed a motion on Tuesday for a protective order of discovery materials, citing that the release of these confidential video recordings aims to intimidate witnesses in this case by exposing them to harassment and threats before the trial.
Prosecutors included a motion that contained an email exchange, where one of Trump's co-defendants seemingly admitted to the leaked videos. Floyd's attorney, Todd Harding, stated in the email thread with the DAs office that it was Harrison Floyds team that leaked the videos. The email chain involved both current and former defense attorneys involved in the case.
Harding referred to the previous email admission as a mere typo in a follow-up email. The office of the district attorneys in Fulton County has not yet provided a comment in response to CNN's inquiry regarding the leaked videos or the emergency protective order.
The videos reveal additional information regarding the attempts made by individuals close to Trump to overturn the election results in his favor. As per the footage, Ellis informed prosecutors that Dan Scavino, who served as Trump's deputy White House chief of staff at one point, disregarded her apprehensions about the dwindling legal possibilities for Trump to dispute the election outcome.
"And he stated that the boss, referring to President Trump, made it clear to everyone that he wouldn't leave no matter what," Ellis reported in the video.
According to the Post, Powell, Chesebro, and Hall disclosed additional information to the prosecutors. Chesebro, in his statement, mentioned that he informed Trump about the election challenges in Arizona during a White House meeting. He also summarized a memo in which he provided suggestions on forming alternative groups of electors in crucial battleground states to vote for Trump, despite Biden's wins in those states.
Powell, renowned for advocating unusual legal theories subsequent to the election, stated in her recorded statement to prosecutors that if Trump appointed her as special counsel to investigate election irregularities, as she had requested, "she would have aimed to confiscate election equipment and would have employed the military if required."
Previously, the judge overseeing the Fulton County case had neglected to issue a ruling on the initial protective order submitted by the District Attorney's office in September. Following the motion, the district attorney's office did not pursue further action to seek an official ruling.
Prosecutors stated in their motion on Tuesday that, to avoid additional public disclosure, the State will no longer generate duplicate copies of confidential video recordings of proffers. Instead, defendants will be required to visit the District Attorney's Office to access and watch the confidential video recordings. While they can take notes, it will be strictly forbidden for them to make any recordings or reproductions.
CNNs Devan Cole contributed to this report.
