Judge Scott McAfee on Thursday agreed to allow two of former President Donald Trump’s co-defendants in the Georgia election interference case — lawyers Sidney Powell and Kenneth Chesebro — to go to trial sooner than the rest of the accused.
Trump and 18 other defendants were charged last month with, among other things, violating Georgia racketeering laws in an effort to overturn the 2020 election. All 19, including Trump, pleaded not guilty.
The judge agreed to sever Chesebro and Powell, so those two will have a joint trial starting Oct. 23 while the remaining 17 defendants will be tried at a later date.
“Defendants Chesebro and Powell will join each other at trial, however, the other 17 defendants are severed from these two. Additional severances may follow. All pretrial deadlines will proceed as scheduled without a stay of proceedings,” McAfee wrote in an order filed in Fulton County superior court.
McAfee ruled against District Attorney Fani Willis’s team who wanted to try all 19 defendants simultaneously in October. The judge cited logistical concerns and the extended length of such a crowded trial.
“The Fulton County Courthouse simply contains no courtroom adequately large enough to hold all 19 defendants, their multiple attorneys and support staff, the sheriff’s deputies, court personnel, and the State’s prosecutorial team,” McAfee wrote Thursday.
The filing said that the court will revisit the issue of separating the cases for the other defendants who have not filed a waiver to invoke a speedy trial by Sept. 29. Powell and Chesebro were the only ones to request a speedy trial in the case.
“Regardless, the Court has received assurances that other members of the Fulton County bench stand ready to begin a second trial within the November/December term,” a footnote in the filing said.
McAfee said that dividing the 17 other defendants, including Trump, “may well be required.” “That is a decision for another day once the many anticipated pretrial motions have been resolved and a realistic trial date approaches.”
Earlier this month, McAfee denied motions from Powell and Chesebro to sever their cases from each other. Their attorneys argued that splitting up their cases was necessary because, while both were charged with racketeering, they’re alleged to have carried out different schemes.
The 41-count indictment charged all 19 with violating Georgia’s Racketeer Influenced and Corrupt Organization, or RICO, Act. Willis accused the defendants of participating in schemes to try to overturn Joe Biden’s 2020 victory in Georgia and unlawfully name Trump the winner of the election.
Source: | This article originally belongs to Nbcnews.com
