Key Things to Look Out for at Trump's Hearing in Fulton County on Friday
Former President Trump's lawyers defend him in Georgia court, arguing First Amendment rights Clash over trial timing, connection to federal election interference case Co-defendants seek delay, dismiss indictment Plea deals offered, top fake elector fights back, Giuliani's financial troubles
Donald Trump's former president is set to be defended by his attorneys in a Fulton County courtroom for the first time on Friday, as they attempt to have the charges thrown out on First Amendment grounds. Trump and 18 co-defendants were indicted in August, facing felony racketeering charges among a total of 41 state charges related to attempting to overturn legitimate election results in the 2020 presidential election in Georgia. This is one of several legal cases facing the former president.
Four of the co-defendants, including three of his former attorneys, have made deals with prosecutors to plead guilty and testify against Trump in exchange for avoiding jail time since the indictment. The remaining 15 defendants, including Trump, have entered not guilty pleas.
Keep an eye out for the following during Friday's extensive hearing:
Trumps Georgia lawyers make First Amendment claims
Trump's attorneys are set to present their arguments for dismissing the indictment on First Amendment grounds at Friday's motions hearing, as stated in a recent motion filed by his newest attorney.
Formerly known as the "Billion Dollar Attorney" and a vocal opponent of Trump, Democrat Drew Findling has been replaced as the former president's representation by renowned Atlanta criminal defense attorney Steven Sadow and Atlanta defender Jennifer Little.
On October 20, 2023, in Atlanta, Georgia, attorney Scott Grubman accompanies his client, Kenneth Chesebro, as Chesebro is sworn in for a plea deal hearing in front of Fulton County Superior Judge Scott McAfee at the Fulton County Courthouse. (Image credit: Alyssa Pointer/Getty Images)
Pro-Trump lawyer involved in fake electors scheme cooperating in Nevada criminal investigation
This will be the first court appearance for Trump's attorneys in the Fulton County case, but their client will not be present. Trump has not yet appeared in the Atlanta courthouse, as he previously waived his right to an arraignment hearing. However, he was processed at the Fulton County jail in late August.
In a filing on Monday, Sadow argued that Trump's promotion of conspiracy theories and allegations of widespread voter fraud in the 2020 presidential election were fundamentally political speech, and therefore Trump should never have been charged.
"â¦the indictment's presentation of allegedly false statements and facts, accepted as true only for the purposes of a First Amendment-based general demurring/motion to dismiss, demonstrate that the prosecution of President Trump is based on content-specific political speech and expressive conduct protected by the First Amendment," Sadow wrote.
The solution to addressing false speech in a "free society" does not involve criminal charges, as stated by Sadow. Instead, the approach to unfounded claims should be reason, to ignorance should be enlightenment, and to blatant lies, the simple truth. Sadow makes it clear that a RICO prosecution against the former President of the United States is not the answer. Previously, Fulton County Superior Court Judge Scott McAfee rejected First Amendment challenges made by Trump's co-defendants Kenneth Chesebro and Sidney Powell, both of whom were former lawyers for the president and later pleaded guilty. Their attempts to dismiss the indictment under the supremacy clause of the United States Constitution were unsuccessful, as McAfee emphasized the need for facts and evidence to be established in court before a First Amendment challenge can even be examined.
Clash over trial timing
Fulton County prosecutors are pushing for the trial of Trump and his co-defendants to commence in early August 2024. This timing could coincide with the peak of his presidential election campaign, should he secure the Republican nomination.
The prosecutors wrote last month that the proposed trial date takes into account potential delays from Defendant Trump's other criminal trials in other jurisdictions and the constitutional speedy trial rights of the other Defendants. Ultimately, McAfee has the authority to set the trial date.
In New York City on October 18, 2023, former President Donald Trump is seen in the courtroom alongside his attorneys Christopher Kise (L) and Alina Habba for his civil fraud trial at New York State Supreme Court.
Doug Mills/Pool/Getty Images
New York appeals court reinstates gag order against Donald Trump in civil fraud trial
Prosecutors initially estimated that the trial would last at least four months, but McAfee anticipated it could be twice as long. Fulton County District Attorney Fani Willis stated to the Washington Post that "the trial will take many months, and I don't expect to conclude until the winter or early 2025."
According to a source familiar with the Fulton County district attorney's strategy, Willis and her team plan to argue on Friday that Trump was aware of potential charges in Fulton County when he announced his candidacy in November 2022, and should not be allowed to use his campaign schedule to influence the case.
Connection to the federal election interference case
Last week, attorneys representing Trump in Georgia filed a motion to request access to any discovery material held by special counsel Jack Smith that could be pertinent to the ex-president's defense in Fulton County.
Smith has provided discovery material to Trump's lawyers in the federal election interference case against Trump in Washington, DC. However, a protective order prevents those attorneys from sharing it with the attorneys in the Georgia case. In a recent Georgia court filing, Trump's attorneys stated that they are requesting itemized lists disclosing the information that has been provided by Smith's team in the federal case.
Trump's lead counsel in Georgia, Sadow, stated to CNN that President Trump is pursuing just and equitable methods to safeguard his entitlement to due process of law as outlined in the U.S. and Georgia Constitutions. In response to CNN's inquiry about prosecutors sharing information with Smith's federal investigators, a representative from Willis' office declined to comment.
Eastman says he does not want to stand trial alongside Trump
The district attorney's office in the Atlanta area has consistently asserted that its investigation of Trump is separate from the concurrent federal case regarding election tampering overseen by Smith.
John Eastman, a co-defendant of Trump, is challenging the Fulton DA's proposed trial timeline. His attorney will present the reasons for this challenge in court on Friday. Eastman, a right-wing attorney, is facing charges for his involvement in efforts to disrupt the certification of the 2020 election results on January 6, 2021. He recently filed a motion arguing that the prosecutors' proposed trial start date of August 2024 would make it extremely difficult for defendants not named Donald Trump to conclude their trials by the end of the year.
As a consequence, Eastman is seeking for Trump to be prosecuted separately and for the remaining defendants to be divided into two distinct groups, with "two trials each of eight or fewer defendants" in order to speed up the legal process.
Video Ad Feedback
'Are you out of your effing mind?': Hear what Trump White House attorney told John Eastman
01:38
- Source:
CNN
"Without Defendant Trump in the courtroom the U.S. Secret Service will not be involved in providing enhanced security, and the trials will proceed faster," Eastmans attorney wrote in the filing.
High-profile Trump co-defendants want to delay
From the beginning, Willis has been firm in her desire to have a single, large trial for all the accused, resisting attempts by some defendants to separate the case, a common practice in complex RICO indictments. The case was on the verge of being divided into at least two trials, but a trial scheduled for October involving two defendants was avoided when they both pled guilty at the last minute.
High-profile Trump co-defendants want to delay
Former Trump White House chief of staff Mark Meadows and former Justice Department official Jeffrey Clark have both filed motions to extend their pretrial deadlines. Their attorneys will present their arguments during Friday's hearing. Despite their attempts to move their cases into federal court being rejected by a federal judge, both are appealing the decision and oral arguments are scheduled for Meadows at the 11th US Circuit Court of Appeals later this month. The judge found that their alleged actions in the indictment weren't part of their federal responsibilities.
Meadows is requesting an extension for his discovery production and pretrial motions deadlines to avoid simultaneously litigating the same case in two separate courts.
In a court filing on November 14, Meadows' attorneys stated that the upcoming 2024 trial schedules of defense counsel in the case and the federal criminal trials of former President Trump warranted a modest extension that would not prejudice the State or any other Defendant.
Clark is asserting that his impending obligations with the 11th US Circuit Court of Appeals, a DC Circuit removal appeal, and a Washington, DC, Bar evidentiary hearing regarding the retention of his law license justify his request for an extension of the discovery production deadline and pretrial motions deadlines.
Other co-defendants also seeking to dismiss indictment
Trump is not the only one trying to have the case against him dropped. Recently, lawyers for Bob Cheeley, his co-defendant, filed a motion seeking to dismiss the indictment against him. Cheeley, a lawyer supportive of Trump, is facing 10 counts, including racketeering and perjury. In December 2020, during a Georgia state Senate hearing, Cheeley presented a video that he falsely claimed had "evidence" of vote-rigging in Atlanta, which he said should shock Georgians' conscience.
Robert Cheeley
On Wednesday, Cheeley's attorney argued in a filing that the State is prosecuting Cheeley for his political expression, including his remarks before a sub-committee of Georgia's State Senate regarding the 2020 presidential election.
"The State avoids grappling with the contention that it is prosecuting Cheeley for nothing more than exercising his free speech rights," his attorneys wrote.
Plea deals on the table for some defendants
Only a few of the 15 co-defendants still have not been contacted by the district attorney's office regarding a potential plea deal, according to sources. This includes Meadows. When Eastman's attorney, Buddy Parker, was asked this week if they have been approached by Fulton County prosecutors about a plea deal, he stated, "They have not communicated any proposed plea agreement."
Willis is intentionally focused on co-defendants at the top of the indictment and seeking cooperation from those deemed less crucial to the overall case, according to a source familiar with the situation. This similar legal strategy was employed by her in a 2014 RICO case in Fulton County, which garnered national attention after she secured convictions in the Atlanta Public Schools cheating scandal.
CNN previously stated that prosecutors in Fulton County are not expected to negotiate a deal with Rudy Giuliani, as they view him as a key figure in the alleged conspiracy and his close connection to Trump. So far, there have been no discussions about a potential plea deal for Giuliani in the Georgia election subversion case, as confirmed by his new attorney Allyn Stockton Jr.
According to a source familiar with the Fulton County DA's strategy, prosecutors are theoretically willing to negotiate plea deals with anyone, but there is little flexibility when it comes to the charges against Trump. It is important to note that there is no indication that either prosecutors or Trump's legal team are inclined to discuss a plea deal. This is largely because any potential proposal would be entirely on Willis' terms and would necessitate Trump pleading guilty to all charges, effectively eliminating the possibility of meaningful negotiations, as stated by the source. Despite pleading not guilty and denying any wrongdoing, Trump maintains his insistence that he won the election.
Top fake elector fights back
On Thursday, co-defendant David Shafer filed motions looking to adopt the demurrers of other co-defendants.
His lawyers are also asking the judge to consider the fact that on December 4, 2020, Trump filed a legal challenge contesting the results of the 2020 general election in the State of Georgia. Shafer, a former chairman of the Georgia Republican Party and longtime member of the Georgia State Senate, played a crucial role in organizing the Trump campaign's fake slate of electors in the state as part of the effort to undermine the Electoral College. He also served as a fake elector and chaired the sham delegation.
Rudy Giulianis lingering financial woes
Meanwhile, Giuliani is currently facing millions of dollars in legal fees stemming from his defense in multiple defamation lawsuits. A close friend and former criminal defense lawyer, Robert Costello, has filed a lawsuit against him for over $1 million in unpaid legal bills.
He is now being represented by the New York-based law firm of Aidala, Bertuna, and Kamins, which has agreed to represent the former mayor pro bono in the Georgia case. It is unclear if the firm has received any money following Giuliani's recent fundraiser. Despite his increasing legal debt and his advanced age of almost 80, sources close to Giuliani state that he intends to fight the Georgia case. At least one source close to Giuliani suggests that he should consider a no-jail plea to "put the whole thing behind him," but prosecutors have not offered any such deal and Giuliani's legal team says he won't entertain any deal.
Video Ad Feedback
Report: Former Trump aide claims Giuliani groped her in new book
03:37
- Source:
CNN
Giuliani has hired Stockton as his local counsel, following the departure of his previous high-profile attorneys, Brian Tevis and David Wolfe. Stockton, a small-town lawyer from rural Rabun County, was reportedly paid a "hefty" retainer for his services. Despite Trump's expected hosting of at least one more fundraiser for Giuliani, there is currently nothing scheduled and it remains unclear how the mayor will afford defending himself in a lengthy trial.
CNNs Paula Reid, Evan Perez and Marshall Cohen contributed to this report.
