


A lawyer for one of former President Donald Trump's co-defendants in the Fulton County racketeering case admitted he sent the media previously unreleased footage of defendants' conversations with prosecutors.
The admission came from attorney Jonathan Miller, who represents co-defendant Misty Hampton, a Coffee County election supervisor charged in the sweeping election subversion case. The "proffer" or witness footage showed four of Trump's co-defendants speaking with prosecutors after agreeing to plead guilty to their charges. All four witnesses accepted plea deals with District Attorney Fani Willis's office.
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"Judge, I did release those videos to one outlet. And in all candor ... I need the court to know that," Miller said.
"All four of those people that did their proffers, they stood in front of you, they did their plea, it was all recorded, it was sent out there for the world to see," Miller said. "And to hide those proffers that show all the underlying things that went into those pleas misleads the public about what's going on."
In part of the proffer footage obtained by ABC News, former Trump attorney and co-defendant Jenna Ellis told prosecutors that Trump's then-deputy chief of staff Dan Scavino told her "the boss" wouldn't leave the White House after losing the 2020 election.
"He said, 'The boss is not going to leave under any circumstances. We are just going to stay in power,'" Ellis said in the footage, suggesting "the boss" referred to Trump. "And I said to him, 'Well, it doesn't quite work that way, you realize.' And he said, 'We don't care.'"
Fulton County Superior Court Judge Scott McAfee is weighing whether to impose the protective order prosecutors requested after the previously undisclosed video of defendants who accepted plea deals leaked. In court on Wednesday, Miller pushed back on the notion that the footage he sent to the media was a "leak."
Prosecutors initially blamed the release of the footage on a separate co-defendant, Black Voices for Trump leader Harrison Floyd. His counsel told the court on Wednesday that there was a typo in their email exchange with prosecutors and continued to argue that Floyd's team was not the source of the footage.
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Protective orders are typically put in place to protect parties in certain cases from harassment or violence. In this case, Willis wants one to bar disclosure of discovery footage that was not intended to be made public at this point in the pretrial phase.
McAfee is expected to rule on whether to impose a protective order soon but did not offer an exact time.