Sidney Powell’s defense attorney in the Fulton County, Georgia, RICO case regarding an alleged effort to overturn the 2020 presidential election results in the state accused county prosecutors Thursday of withholding exculpatory evidence in violation of the law.
Fulton County Superior Court Judge Scott McAfee also made a key ruling in the case severing Powell’s and pro-Trump attorney Kenneth Chesebro’s cases from those of former President Donald Trump and the 16 other defendants, CNN reported.
Both Powell, a former Trump campaign attorney, and Chesebro sought a speedy trial, consistent with their Sixth Amendment right, while Trump and the other defendants want the case slowed down to better prepare their defenses.
Brian Rafferty, Powell’s defense attorney, accused Fulton County prosecutors of keeping exculpatory evidence from him in violation of the law.
“They have a due process obligation to turn over to me favorable information,” Rafferty said, citing the U.S. Supreme Court’s 1963 ruling in Brady v. Maryland.
The issue centers on whether Powell broke the law by breaching voting machines used in Coffee County, Georgia, as she and her team sought evidence the machines had been manipulated during the 2020 election, according to CNN.
Rafferty argued in court that Powell had been invited by Coffee County officials to examine the machines.
“The most important thing that I’ve found, your honor, is a report by CNN, which I’ve been able to confirm, that there is a letter, a letter of invitation from Coffee County on Jan. 1 of 2021 that was sent,” he said.
“And it was sent not to Ms. Powell, it was sent to another lawyer, inviting folks to come down to Coffee County and do whatever it is that they do,” Rafferty said.
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CNN reported that he was referring to “text messages CNN previously made public, indicating that a former Coffee County elections official wrote an invitation to lawyers for Trump and a group accused of working at Powell’s direction.”
That report was published Aug. 15.
“One of the messages, according to CNN’s report, interpreted the invitation as local authorities granting access in writing to Coffee County’s elections systems, at the time that lawyers for Trump were trying to unearth evidence of widespread fraud, which they didn’t find,” CNN said.
Rafferty said despite his repeated requests by email and letter, “I heard squat from the state,” referring to Fulton County prosecutors.
Fulton County Prosecutors Accused of Hiding Key Documents in Trump RICO Case
“I heard squat from the state.”
“They have it, your Honor. I have a reason to believe they have it and they don’t even respond. I have a motion. I’m going to file it. I’m going to ask for this relief,… pic.twitter.com/qiPcp1GXfZ
— Kyle Becker (@kylenabecker) September 14, 2023
“They sit here and say, your honor, that they are open and they are going to turn stuff over. I have been as clear as day about specifically what I’m entitled to under the Constitution, due process, Brady v. Maryland,” he said.
“That is exculpatory information that establishes that Ms. Powell should not be in this case. They have it, your honor. I have a reason to believe they have it, and they don’t even respond.”
Following the hearing, ABC News editorial producer John Santucci contended that it was not a good day for the Fulton County District Attorney’s Office.
“Fani Willis wasn’t there, but you got to imagine … she’s throwing things against the wall based on this hearing,” Santucci said.
“A great win for Donald Trump and others that did not want to be part of this speedy trial case,” he said.
“This is not a good day for the Fulton County DA.”
“Fani Willis wasn’t there, but you got to imagine… she’s throwing things against the wall based on this hearing.”
“A great win for Donald Trump and others that did not want to be part of this speedy trial case.”
“I can tell… pic.twitter.com/cfhiw7DpFS
— Kyle Becker (@kylenabecker) September 14, 2023
Willis had sought an October trial date for all 19 defendants, which McAfee denied.
Santucci explained that Fulton County prosecutors will have a trial this fall for Powell and Chesebro and then have to do a repeat performance in the spring, which will allow Trump and the other defendants to be better prepared.
Judge Scott McAfee rules that severing the remaining 17 Fulton defendants from Ken Chesebro and Sidney Powell, who demanded speedy trials and are going to court on Oct. 23, is “simply a procedural and logistical inevitability” pic.twitter.com/hXFd26QjuP
— Tamar Hallerman (@TamarHallerman) September 14, 2023
The first two defendants’ trial is set to begin Oct. 23, The Associated Press reported.
