Trump's attorneys will appear in court today in his Fulton County case. Here's what to watch
From CNN's Jason Morris, Zachary Cohen and Nick Valencia
Fulton Superior Court Judge Scott McAfee departs after presiding over a hearing at the Fulton County Courthouse in Atlanta on November 15. Arvin Temkar/Pool via Reuters
Former President Donald Trump’s attorneys in the Georgia election subversion case are set to defend their client in a Fulton County courtroom for the first time on Friday as they try to have the charges thrown out on First Amendment grounds.
The historic indictment of Trump and 18 co-defendants in August, which includes felony racketeering charges, is one of several legal cases facing the former president. But it’s in Georgia where he and his alleged co-conspirators face a combined 41 state charges for trying to overturn legitimate election results in the 2020 presidential election.
Since the indictment, four of the co-defendants – including three of his former attorneys – all cut deals with prosecutors to plead guilty and testify against Trump in return for staying out of jail. The remaining 15 defendants, including Trump, have pleaded not guilty.
Here's what to watch for today:
Trump’s Georgia lawyers make First Amendment claims: Friday’s motions hearing is scheduled to hear arguments from Trump’s attorneys on why they want to throw out the indictment on First Amendment grounds, according to a recent motion filed by his latest attorney.
Once represented by the so-called “Billion Dollar Attorney” Drew Findling – a Democrat and vocal opponent of Trump – now the former president is represented by famed Atlanta criminal defense attorney Steven Sadow and Atlanta defender Jennifer Little.
This is the first time Trump’s attorneys will appear in court in the Fulton County case, though their client won’t be with them. Trump hasn’t yet been in the Atlanta courthouse – he previously waived his right to an arraignment hearing – though he was processed at the Fulton County jail in late August.
In a filing on Monday, Sadow argued that Trump’s peddling of conspiracy theories and claims of widespread voter fraud in the 2020 presidential election were at their core political speech, and therefore Trump never should have been indicted.
“…the indictment’s recitation of supposedly ‘false’ statements and facts, undisputed solely for purposes of a First Amendment-based general demurrer/motion to dismiss, show that the that the prosecution of President Trump is premised on content-based core political speech and expressive conduct protected by the First Amendment,” Sadow wrote.
The remedy for false speech in a “free society” is not a criminal indictment, he added.
“The response to the unreasoned is the rational; to the uninformed, the enlightened; to the straightout lie, the simple truth."). The remedy is not a state RICO prosecution against the former President of the United States,” Sadow wrote.
Fulton County Superior Court Judge Scott McAfee has previously ruled against First Amendment challenges by Trump co-defendants Kenneth Chesebro and Sidney Powell, two of the former president’s lawyers who later pleaded guilty. Chesebro and Powell were seeking dismissal of the indictment under the supremacy clause of the United States Constitution. In his denial, McAfee ruled that various case law pointed to facts and evidence needing to be established in a courtroom before a First Amendment challenge can even be considered.
Rudy Giuliani plans to fight despite financial woes
From CNN's Zachary Cohen, Jason Morris and Nick Valencia
Rudy Giuliani speaks to the media after leaving the Fulton County jail on August 23 in Atlanta. Joe Raedle/Getty Images
Former New York Mayor Rudy Giuliani, one of the co-defendants in the case, currently owes millions in legal fees after defending himself in multiple defamation lawsuits. His longtime friend and former criminal defense lawyer Robert Costello sued him for over $1 million in unpaid legal bills.
Giuliani is now 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 mounting legal debt and the fact that he is almost 80, sources close to Giuliani said he intends to fight the Georgia case. At least one source close to Giuliani said 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.
Giuliani recently hired Stockton to serve as his local counsel. Giuliani was previously represented by high-profile Atlanta based criminal defense lawyers, Brian Tevis and David Wolfe. Both were paid for their services, but recently left. A source said Stockton, a small-town lawyer from rural Rabun County, was paid a “hefty” retainer.
Former President Donald Trump is expected to host at least one more fundraiser for Giuliani, but there is nothing scheduled as of now and it is unclear how the mayor will afford defending himself in a monthslong trial.
More on this:CNN previously reported that the Fulton County prosecutors are unlikely to offer a deal to Giuliani – they consider him among the top-tier of defendants in the sprawling case, given his leading role in the alleged conspiracy, and his proximity to Trump.
17 min ago
Prosecutors want Trump's Georgia election subversion trial to begin in August 2024
From CNN's Marshall Cohen
Fulton County District Attorney Fani Willis speaks during a news conference at the Fulton County Government building in Atlanta on August 14. Joe Raedle/Getty Images
Fulton County prosecutors want the Georgia election subversion trial of Donald Trump and his co-defendants to begin on August 5, 2024, directly in the middle of the presidential election campaign.
“This proposed trial date balances potential delays from Defendant Trump’s other criminal trials in sister sovereigns and the other Defendants’ constitutional speedy trial rights,” prosecutors said in a court filing last month.
It’s up to Fulton County Judge Scott McAfee to set a trial date.
Trump faces three other criminal trials: The federal election subversion case in Washington, DC, the federal classified documents case in Florida and the state hush-money case in New York.
Prosecutors have previously estimated that their case would take four months, though McAfee has speculated that it might take longer. Fulton County District Attorney Fani Willis said this week that “the trial will take many months.”
There are 15 defendants remaining in the case, including Trump. They have all pleaded not guilty.
Four of the original 19 defendants have already pleaded guilty and agreed to cooperate with prosecutors: Former Trump campaign lawyers Jenna Ellis and Sidney Powell, bail bondsman Scott Hall, and Kenneth Chesebro, who helped devise the fake electors plot.
In the court filing, Willis’ team asked the judge to set a deadline of June 21, 2024, for defendants to negotiate a plea deal. They could still plead guilty after that date, but it wouldn’t be part of a deal with prosecutors, so they wouldn’t get the benefits of a cooperation agreement.
1 min ago
Former Trump loyalists who pleaded guilty in Georgia case shed light on election reversal efforts
From CNN's Devan Cole
Left to right: Jenna Ellis, Sidney Powell, Kenneth Chesebro and Scott Hall. Fulton County Sheriff's Office
Four former Donald Trump loyalists who pleaded guilty in the Georgia 2020 election interference criminal case shed new light on their efforts in videotaped conversations they had with prosecutors, according to portions of those videos obtained and published by news outlets, including that the former president was not going to leave the White House “under any circumstances.”
The statements that ex-Trump attorneys Jenna Ellis, Sidney Powell and Kenneth Chesebro and Atlanta-based bail bondsman Scott Hall gave prosecutors were required as part of the plea deals they cut with Fulton County District Attorney Fani Willis in the sprawling racketeering case brought against them, the former president and 14 others.
Ellis told Willis’ team that Dan Scavino, Trump’s onetime deputy White House chief of staff, dismissed her concerns that Trump’s legal options for challenging the election were becoming increasingly limited, according to one of the videos obtained by ABC News and The Washington Post. The outlets obtained only portions of the videotaped statements from the four defendants.
“And he said to me, you know, in a kind of excited tone, ‘Well, we don’t care, and we’re not going to leave,’” Ellis told prosecutors in the video. “And I said, ‘What do you mean?’”
“And he said, ‘Well, the boss,’ meaning President Trump and everyone understood ‘the boss,’ that’s what we all called him, he said, ‘the boss is not going to leave under any circumstance,’” she said, according to the video.
A Fulton County judge will hear motions Friday from former President Donald Trump and his co-defendants to dismiss charges in the Georgia 2020 election subversion case.
This will be the first time Trump's lawyers will be arguing in court since Judge Scott McAfee was assigned to oversee the case in August, as they try to have the charges thrown out on First Amendment grounds.
Trump has pleaded not guilty to more than a dozen charges in the sprawling racketeering case brought against him and 18 of his allies in connection with efforts to overturn the 2020 presidential election. Four defendants have since accepted plea deals in the case. A trial date has not been set yet.
Fulton Superior Court Judge Scott McAfee departs after presiding over a hearing at the Fulton County Courthouse in Atlanta on November 15. Arvin Temkar/Pool via Reuters
Former President Donald Trump’s attorneys in the Georgia election subversion case are set to defend their client in a Fulton County courtroom for the first time on Friday as they try to have the charges thrown out on First Amendment grounds.
The historic indictment of Trump and 18 co-defendants in August, which includes felony racketeering charges, is one of several legal cases facing the former president. But it’s in Georgia where he and his alleged co-conspirators face a combined 41 state charges for trying to overturn legitimate election results in the 2020 presidential election.
Since the indictment, four of the co-defendants – including three of his former attorneys – all cut deals with prosecutors to plead guilty and testify against Trump in return for staying out of jail. The remaining 15 defendants, including Trump, have pleaded not guilty.
Here's what to watch for today:
Trump’s Georgia lawyers make First Amendment claims: Friday’s motions hearing is scheduled to hear arguments from Trump’s attorneys on why they want to throw out the indictment on First Amendment grounds, according to a recent motion filed by his latest attorney.
Once represented by the so-called “Billion Dollar Attorney” Drew Findling – a Democrat and vocal opponent of Trump – now the former president is represented by famed Atlanta criminal defense attorney Steven Sadow and Atlanta defender Jennifer Little.
This is the first time Trump’s attorneys will appear in court in the Fulton County case, though their client won’t be with them. Trump hasn’t yet been in the Atlanta courthouse – he previously waived his right to an arraignment hearing – though he was processed at the Fulton County jail in late August.
In a filing on Monday, Sadow argued that Trump’s peddling of conspiracy theories and claims of widespread voter fraud in the 2020 presidential election were at their core political speech, and therefore Trump never should have been indicted.
“…the indictment’s recitation of supposedly ‘false’ statements and facts, undisputed solely for purposes of a First Amendment-based general demurrer/motion to dismiss, show that the that the prosecution of President Trump is premised on content-based core political speech and expressive conduct protected by the First Amendment,” Sadow wrote.
The remedy for false speech in a “free society” is not a criminal indictment, he added.
“The response to the unreasoned is the rational; to the uninformed, the enlightened; to the straightout lie, the simple truth."). The remedy is not a state RICO prosecution against the former President of the United States,” Sadow wrote.
Fulton County Superior Court Judge Scott McAfee has previously ruled against First Amendment challenges by Trump co-defendants Kenneth Chesebro and Sidney Powell, two of the former president’s lawyers who later pleaded guilty. Chesebro and Powell were seeking dismissal of the indictment under the supremacy clause of the United States Constitution. In his denial, McAfee ruled that various case law pointed to facts and evidence needing to be established in a courtroom before a First Amendment challenge can even be considered.
Rudy Giuliani speaks to the media after leaving the Fulton County jail on August 23 in Atlanta. Joe Raedle/Getty Images
Former New York Mayor Rudy Giuliani, one of the co-defendants in the case, currently owes millions in legal fees after defending himself in multiple defamation lawsuits. His longtime friend and former criminal defense lawyer Robert Costello sued him for over $1 million in unpaid legal bills.
Giuliani is now 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 mounting legal debt and the fact that he is almost 80, sources close to Giuliani said he intends to fight the Georgia case. At least one source close to Giuliani said 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.
Giuliani recently hired Stockton to serve as his local counsel. Giuliani was previously represented by high-profile Atlanta based criminal defense lawyers, Brian Tevis and David Wolfe. Both were paid for their services, but recently left. A source said Stockton, a small-town lawyer from rural Rabun County, was paid a “hefty” retainer.
Former President Donald Trump is expected to host at least one more fundraiser for Giuliani, but there is nothing scheduled as of now and it is unclear how the mayor will afford defending himself in a monthslong trial.
More on this:CNN previously reported that the Fulton County prosecutors are unlikely to offer a deal to Giuliani – they consider him among the top-tier of defendants in the sprawling case, given his leading role in the alleged conspiracy, and his proximity to Trump.
Fulton County District Attorney Fani Willis speaks during a news conference at the Fulton County Government building in Atlanta on August 14. Joe Raedle/Getty Images
Fulton County prosecutors want the Georgia election subversion trial of Donald Trump and his co-defendants to begin on August 5, 2024, directly in the middle of the presidential election campaign.
“This proposed trial date balances potential delays from Defendant Trump’s other criminal trials in sister sovereigns and the other Defendants’ constitutional speedy trial rights,” prosecutors said in a court filing last month.
It’s up to Fulton County Judge Scott McAfee to set a trial date.
Trump faces three other criminal trials: The federal election subversion case in Washington, DC, the federal classified documents case in Florida and the state hush-money case in New York.
Prosecutors have previously estimated that their case would take four months, though McAfee has speculated that it might take longer. Fulton County District Attorney Fani Willis said this week that “the trial will take many months.”
There are 15 defendants remaining in the case, including Trump. They have all pleaded not guilty.
Four of the original 19 defendants have already pleaded guilty and agreed to cooperate with prosecutors: Former Trump campaign lawyers Jenna Ellis and Sidney Powell, bail bondsman Scott Hall, and Kenneth Chesebro, who helped devise the fake electors plot.
In the court filing, Willis’ team asked the judge to set a deadline of June 21, 2024, for defendants to negotiate a plea deal. They could still plead guilty after that date, but it wouldn’t be part of a deal with prosecutors, so they wouldn’t get the benefits of a cooperation agreement.
Left to right: Jenna Ellis, Sidney Powell, Kenneth Chesebro and Scott Hall. Fulton County Sheriff's Office
Four former Donald Trump loyalists who pleaded guilty in the Georgia 2020 election interference criminal case shed new light on their efforts in videotaped conversations they had with prosecutors, according to portions of those videos obtained and published by news outlets, including that the former president was not going to leave the White House “under any circumstances.”
The statements that ex-Trump attorneys Jenna Ellis, Sidney Powell and Kenneth Chesebro and Atlanta-based bail bondsman Scott Hall gave prosecutors were required as part of the plea deals they cut with Fulton County District Attorney Fani Willis in the sprawling racketeering case brought against them, the former president and 14 others.
Ellis told Willis’ team that Dan Scavino, Trump’s onetime deputy White House chief of staff, dismissed her concerns that Trump’s legal options for challenging the election were becoming increasingly limited, according to one of the videos obtained by ABC News and The Washington Post. The outlets obtained only portions of the videotaped statements from the four defendants.
“And he said to me, you know, in a kind of excited tone, ‘Well, we don’t care, and we’re not going to leave,’” Ellis told prosecutors in the video. “And I said, ‘What do you mean?’”
“And he said, ‘Well, the boss,’ meaning President Trump and everyone understood ‘the boss,’ that’s what we all called him, he said, ‘the boss is not going to leave under any circumstance,’” she said, according to the video.
