Former President Donald Trump has asked an Atlanta judge to detach his case from two of his 18 co-defendants in the Georgia election interference indictment who want their trials to begin in late October, new court filings show.
The 77-year-old’s legal team moved on Thursday for separate proceedings after Trump pleaded not guilty to all 13 counts against him. Former campaign lawyers Kenneth Chesebro and Sidney Powell have already asked for their trials to get underway Oct. 23, citing the Peach State’s right to a rapid proceeding.
Fulton County District Attorney Fani Willis responded to Chesebro and Powell’s request by asking to try all 19 defendants at that time.
Attorney Steven Sadow argued an October trial would interfere with his scheduled arguments in a late-September Medicare fraud trial in Florida federal court.
The lawyer also said under two months was not enough time to prepare a legal defense against the 98-page, 41-count indictment handed up Aug. 14 by a grand jury convened by Willis.
If a speedy trial is granted, Sadow added, rules requiring prosecutors to share certain evidence with the defendants at least 10 days before the trial date would be waived, as would a requirement that the accused be notified at least a week before the proceedings are scheduled to start.
The defendants would also be precluded from calling witnesses whose statements were not given to prosecutors at least 10 days in advance of trial.
“The State is entitled to a fair trial as well as the Defense,” Sadow wrote in his Aug. 30 motion. “By filing a statutory speedy trial demand, the Defendants elected to proceed to trial without the benefit of the type of prior notice of the State’s discovery and similar transaction evidence that would have otherwise been afforded to them.”
“Similarly, that decision also cost the Defendants the use to any evidence not timely served upon the State,” he said. “Should the Defendants in this case desire to proceed to trial under these circumstances, then they should be required to confirm it, personally and on the record, prior to trial.”
Trump faces charges under Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act, as well as conspiracy, false statements and asking a public official to violate their oath of office.
Chesebro and Powell each face seven counts for allegedly planning to introduce a slate of fake electors to cast the Peach State’s votes for Trump, computer theft, invasion of privacy, making false statements about voter-machine fraud and trying to access voter files, among others.
Former White House chief of staff Mark Meadows has separately petitioned for his case to be moved to federal court, with a ruling expected later this week.
Meadows, 64, argued during a Monday hearing that his actions were in line with his executive branch duties at the time and thus should be resolved at the federal level. He faces a RICO charge and a charge of asking an official to break their oath of office.
The former White House chief of staff participated in a now-infamous Jan. 2, 2021, phone call between Trump and Georgia Secretary of State Brad Raffensperger, in which the former president asked officials to “find 11,870 votes” for him to win the state.
Fulton County Superior Court Judge Scott McAfee had set a Sept. 6 arraignment hearing for all 19 co-defendants — four of whom, including Trump, had already pleaded not guilty and waived their right to appear in-person.