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    Jenna Ellis, Former Trump Lawyer, Pleads Guilty in Georgia Election Case

    Three lawyers indicted with Donald Trump for trying to overturn the 2020 election results will now cooperate with prosecutors in the racketeering case.Jenna Ellis, a pro-Trump lawyer who amplified former President Donald J. Trump’s baseless claims of election fraud as part of what she called a legal “elite strike force team,” pleaded guilty on Tuesday as part of a deal with prosecutors in Georgia.During a public hearing Tuesday morning in Atlanta, Ms. Ellis pleaded guilty to a charge of aiding and abetting false statements and writings. She is the fourth defendant to plead guilty in the Georgia case, which charged Mr. Trump and 18 others with conspiring to overturn the 2020 presidential election in Mr. Trump’s favor.Ms. Ellis agreed to be sentenced to five years of probation, pay $5,000 in restitution and perform 100 hours of community service. She has already written an apology letter to the citizens of Georgia, and she agreed to cooperate fully with prosecutors as the case progresses.Prosecutors struck plea deals last week with Kenneth Chesebro, an architect of the effort to deploy fake Trump electors in swing states, and Sidney Powell, one of the most outspoken members of Mr. Trump’s legal team in the aftermath of the 2020 election.Late last month, Scott Hall, a bail bondsman charged along with Ms. Powell with taking part in a breach of voting equipment and data at a rural Georgia county’s elections office, pleaded guilty in the case.Fani T. Willis, the district attorney in Fulton County, Ga., obtained an indictment of the 19 defendants in August on racketeering and other charges, alleging that they took part in a criminal enterprise that conspired to interfere with the 2020 presidential election in Georgia. More

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    Sidney Powell Seeks Distance From Trump Ahead of Georgia Trial

    Ms. Powell, a lawyer who promoted conspiracy theories about election fraud after Donald J. Trump’s 2020 defeat, now says she never represented him or his campaign.Few defenders of Donald J. Trump promoted election fraud theories after his 2020 defeat as stridently as Sidney K. Powell. In high-profile appearances, often alongside other members of the Trump legal team, she pushed conspiracies involving Venezuela, Cuba and China, as well as George Soros, Hugo Chávez and the Clintons, while baselessly claiming that voting machines had flipped millions of votes.But now Ms. Powell, who next week will be one of the first defendants to go to trial in the Georgia racketeering case against Mr. Trump and 17 of his allies, is claiming through her lawyer that she actually “did not represent President Trump or the Trump campaign” after the election.That claim is undercut by Ms. Powell’s own past words, as well as those of Mr. Trump — and there is ample video evidence of her taking part in news conferences, including one where Rudolph W. Giuliani, then Mr. Trump’s personal lawyer, introduced her as one of “the senior lawyers” representing Mr. Trump and his campaign.Most of the Georgia charges against Ms. Powell relate to her role in a data breach at an elections office in rural Coffee County, Ga. There, on the day after the Jan. 6 riots, Trump allies copied sensitive and proprietary software used in voting machines throughout the state in a fruitless hunt for ballot fraud.At a recent court hearing, Ms. Powell’s lawyer, Brian T. Rafferty, said that his client “had nothing to do with Coffee County.”But a number of documents suggest otherwise, including a 392-page file put together by the Georgia Bureau of Investigation that was obtained by The New York Times. The file, a product of the agency’s investigation into the data breach, has been turned over to Georgia’s attorney general, Chris Carr, a Republican.It is not clear that Mr. Carr will take any action, given that Fulton County’s district attorney, Fani T. Willis, has already brought racketeering charges against Ms. Powell, Mr. Trump and 17 others. The Fulton indictment accuses them of participating in a “criminal organization” with the goal of subverting Georgia’s election results.Brian Rafferty, a lawyer representing Ms. Powell, spoke during a hearing this week.Pool photo by Alyssa PointerJury selection in Ms. Powell’s trial and that of Kenneth Chesebro, a legal architect of the plan to deploy fake electors for Mr. Trump in Georgia and other swing states, starts on Monday. Ms. Powell and Mr. Chesebro demanded a speedy trial, their right under Georgia law, while Mr. Trump and most other defendants are likely to be tried much later.Ms. Powell’s vow during a Fox Business Network appearance in 2020 to “release the kraken,” or a trove of phantom evidence proving that Mr. Trump had won, went viral after the election, though the trove never materialized. The next year, after Dominion Voting Systems sued her and a number of others for defamation, Ms. Powell’s lawyers argued that “no reasonable person would conclude” that some of her wilder statements “were truly statements of fact.”That led the office of Brad Raffensperger, Georgia’s Republican secretary of state, to crow that “The Kraken Cracks Under Pressure,” and precipitated a spoof of Ms. Powell on Saturday Night Live.Not all are convinced that her conduct veered into criminality.“You have to separate crazy theories from criminal conspiracies,” said Harvey Silverglate, a Boston-area lawyer and civil liberties advocate who has a unique perspective: He is representing John Eastman, another lawyer-defendant in the case, and is a co-author of a 2019 book with Ms. Powell that looked at prosecutorial overreach.“That’s the big dividing line in this whole prosecution — what is criminal and what is wacky, or clearly erroneous or overreaching,” Mr. Silverglate said.Ms. Powell, he added, is “in a tougher position” than his own client, because the accusations against her go beyond the notion that she merely gave legal advice to the Trump campaign as it sought to overturn Mr. Biden’s win. But Mr. Silverglate also said he didn’t think prosecutors would win any convictions in the Georgia case or the three other criminal cases against Mr. Trump in New York, Florida and Washington, given how politicized the trials will be.“I think in any jurisdiction — even Washington, D.C. — you will have at least one holdout,” he said.Ms. Powell is a North Carolina native and a onetime Democrat who spent a decade as a federal prosecutor in Texas and Virginia before establishing her own defense practice. In 2014, she wrote a book, “Licensed to Lie: Exposing Corruption in the Department of Justice.” She billed it as an exposé of a department riddled with prosecutors who used “strong-arm, illegal, and unethical tactics” in their “narcissistic pursuit of power.”Ms. Powell appeared on Mr. Trump’s radar when she represented his national security adviser, Michael Flynn, who in 2017 pleaded guilty to lying to federal investigators about his contacts with Russia’s ambassador to the United States during the presidential transition. He later tried to withdraw the plea.Ms. Powell, appearing on Fox News, argued that the case should never have been brought and that the F.B.I. and prosecutors “broke all the rules.” Mr. Trump would go on to pardon Mr. Flynn a few weeks after losing the 2020 election.On election night itself, Ms. Powell was at the White House watching the returns come in, according to her testimony to House investigators. When they asked what her relationship with Mr. Trump had been, she declined to answer, she said, because of “attorney-client privilege.”By Nov. 14, Mr. Trump, in a tweet, specifically referred to Ms. Powell as a member of his “truly great team.” Ms. Powell’s lawyer has pointed out that she was not paid by the Trump campaign. But the Trump connection helped her raise millions of dollars for Defending the Republic, her nonprofit group that is dedicated in part to fighting election fraud.Around that time, Ms. Powell, Mr. Flynn and other conspiracy-minded Trump supporters began meeting at a South Carolina plantation owned by L. Lin Wood, a well-known plaintiff’s attorney. According to the Georgia Bureau of Investigation file, it was decided there that an Atlanta-based technology firm, SullivanStrickler, “would be used to capture forensic images from voting machines across the nation to support litigation” and that “Powell funded SullivanStrickler’s efforts.”By late November, the Trump team grew exasperated with Ms. Powell’s wild claims and publicly cut ties. But the schism was short-lived; she would make several trips to the White House in the weeks that followed.On Dec. 18, Ms. Powell attended a heated Oval Office meeting with Mr. Trump and Mr. Giuliani that the Georgia indictment lists as an “overt act” in furtherance of the election interference conspiracy. According to the Georgia indictment, they discussed “seizing voting machines” as well as possibly naming Ms. Powell a special counsel to investigate allegations of voter fraud, though the appointment was never made.Sidney Powell appeared on a screen during a July 2022 hearing of the House committee investigating the Jan. 6 attacks.Doug Mills/The New York TimesOn Jan. 7, a number of Trump allies, along with SullivanStrickler employees, traveled to Coffee County. “We scanned every freaking ballot,” Scott Hall, a Georgia bail bondsman who made the trip, recalled in a recorded phone conversation at the time. He pleaded guilty to five misdemeanors last month and agreed to cooperate with prosecutors.Misty Hampton, a defendant in the racketeering case who was the Coffee County elections administrator, welcomed the Trump-aligned team into the building. But the Georgia Bureau of Investigation file makes clear that the county election board did not officially approve the visit and that local officials lacked authority over the voting equipment. (Ms. Hampton, Ms. Powell and other Fulton County defendants are among the subjects of the state investigation listed in the G.B.I. file, as is Katherine Friess, a lawyer who worked with Mr. Giuliani after the election.)While SullivanStrickler didn’t deal exclusively with Ms. Powell, a number of the firm’s employees have asserted that Ms. Powell was the client for its work copying the Coffee County election data, according to the G.B.I. investigation.“The defense’s stance that Sidney Powell was not aware of the Coffee County breaches is preposterous,” said Marilyn Marks, executive director of the Coalition for Good Governance, a plaintiff in civil litigation over Georgia’s voting security that unearthed much of what happened in Coffee County.According to the racketeering indictment, the data copied that day included “ballot images, voting equipment software and personal voter information.” SullivanStrickler invoiced Ms. Powell more than $26,000 for its work, and her organization, Defending the Republic, paid the bill.Mr. Raffensperger, the secretary of state, subsequently replaced Coffee County’s voting machines and said that “the unauthorized access to the equipment” had violated Georgia law. 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    Trump Will Not Seek to Move Georgia Election Case to Federal Court

    His decision comes after Mark Meadows, his former chief of staff, tried unsuccessfully to move his own case from state to federal court.Former President Donald J. Trump will not seek to move the criminal racketeering case against him in Atlanta to federal court, according to a legal filing from his lawyer on Thursday.Mr. Trump was indicted by a grand jury in August, along with 18 of his advisers and allies, after a two-and-a-half year investigation into election interference by the Fulton County district attorney, Fani T. Willis. Keeping the case in state court means that any trial for Mr. Trump would be televised, unlike in federal court.“This decision is based on his well-founded confidence that this honorable court intends to fully and completely protect his constitutional right to a fair trial,” Mr. Trump’s lawyer, Steven H. Sadow, wrote in the filing, referring to Fulton County Superior Court, “and guarantee him due process of law throughout the prosecution of his case.”The move comes a few weeks after a federal judge rejected an effort by Mark Meadows, Mr. Trump’s former White House chief of staff, to move his own case to federal court. That decision has been appealed, but it dimmed the chances for successful removal efforts by other defendants, including Jeffrey Clark, a former Justice Department official, and three Georgia Republicans who submitted bogus Electoral College votes for the former president in December 2020.Removal is a longstanding practice meant to protect federal officials from state-level prosecution that could impede them from conducting federal business. It is rooted in the Supremacy Clause of the U.S. Constitution, which makes federal law “supreme” over contrary state laws.But Judge Steve C. Jones of the Northern District of Georgia decided this month that the actions ascribed to Mr. Meadows in the indictment were not within the scope of his federal duties as White House chief of staff. The evidence, he ruled, “establishes that the actions at the heart of the state’s charges against Meadows were taken on behalf of the Trump campaign with an ultimate goal of affecting state election activities and procedures.”Removal to federal court would have provided some advantages for Mr. Trump, including a jury pool somewhat more favorable to him. But he would have faced the same state felony charges.In the Georgia case, all 19 defendants are facing a racketeering charge for their role in what prosecutors have described as a “criminal organization” that sought to overturn Mr. Trump’s 2020 election loss in the state. Each defendant also faces at least one other charge; Mr. Trump and his former personal lawyer, Rudolph W. Giuliani, face the most — 13 each.If Mr. Trump ends up going to trial in Fulton County Superior Court, as now seems increasingly likely, the presiding judge will be Scott McAfee, who was recently appointed to the bench.While attending law school at the University of Georgia, Mr. McAfee was a vice president of the school’s chapter of the conservative Federalist Society. He later worked for the Fulton County District Attorney’s Office, where his supervisor was Ms. Willis.Thus far, Judge McAfee has been moving the court proceedings along briskly, but he has not had the opportunity to make many substantive rulings.When Mr. Trump will actually face trial remains uncertain. Two of the lawyers who worked to keep him in power, Sidney Powell and Kenneth Chesebro, are set to go to trial on Oct. 23. The two defendants had requested an early trial date, which is their right under Georgia law, though both have been filing a flurry of motions over the last few weeks to dismiss the case, or parts of it.Another lawyer who faces charges, John Eastman, said in a filing on Thursday that he might still invoke his right to a speedy trial. Those not seeking the option may not face trial until the second half of next year, or even later. More

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    Trump Moves to Quash Most Charges Against Him in Georgia

    The motion essentially piggybacked off another filed by one of the former president’s co-defendants, which gave a detailed critique of the sprawling indictment.Former President Donald J. Trump asked a judge on Monday to throw out most of the 13 charges against him in the wide-ranging election interference indictment handed up by a grand jury last month in Georgia.The one-page motion from Mr. Trump’s Georgia lawyer, Steven H. Sadow, refers to a more expansive motion also filed on Monday by one of Mr. Trump’s 18 co-defendants in the Georgia case, the lawyer Ray Smith III. That motion gives a detailed critique of the 98-page indictment, arguing that its “defects” are “voluminous,” and that it is legally unsound.Among other things, Mr. Smith’s motion says that the charge of violating Georgia’s Racketeer Influenced and Corrupt Organizations Act, or RICO — which all 19 defendants face — seeks to “punish protected First Amendment activity” and fails to “sufficiently allege the existence” of a racketeering enterprise whose goal was to overturn Mr. Trump’s narrow 2020 election loss in the state.The Smith filing argues that the racketeering conspiracy laid out by the prosecution was actually “comprised of millions of people throughout the country” who believed election fraud had taken place and were working toward the same goal as the defendants.To illustrate the point, the motion stated that there were probably thousands of bank robbers in the United States, “but the mere fact that they all rob banks and have the same goal and many of the same methods of operation, does not mean that all American bank robbers constitute one RICO enterprise, despite the fact that they are people who commit the same crime, for the same reason.”Mr. Smith’s legal team includes Donald F. Samuel, a veteran Atlanta defense lawyer.The office of the Fulton County district attorney, Fani T. Willis, who is leading the prosecution, declined to comment on Monday evening ahead of an official response to the motion in court. Mr. Sadow also declined to comment.The filing was the latest legal volley in the case, which Mr. Trump sought to quash even before his indictment in mid-August. It came as little surprise to legal analysts watching the case, who had expected Mr. Trump’s lawyers to mount an aggressive defense long before the start of a trial.The former president’s lawyers have already moved to sever his case from two co-defendants, Sidney Powell and Kenneth Chesebro, who have demanded a speedy trial. Their joint trial is set to start on Oct. 23.Mr. Smith, a lawyer based in Atlanta who helped Mr. Trump’s team challenge his loss in Georgia after the election, faces a dozen charges in the case. He advanced false claims about the election at a legislative hearing, according to the indictment. And, prosecutors charge, he took part in the efforts to get fake Trump electors to cast votes and sign documents that falsely claimed that he had won the election. Mr. Smith has pleaded not guilty.“He never advocated violence; he never cried ‘fire’ in a crowded theater,” his lawyers argued in the motion. “If advocacy in court or the legislature is a crime — if it merits being branded a ‘racketeer’ — there are very few people who will have the courage to risk engaging in such advocacy. ”Chris Timmons, a former prosecutor in the Atlanta area, said on Monday that the motion was unlikely to succeed in court, describing the racketeering enterprise defined in the indictment as “pretty tightly drawn.” But he noted that defense lawyers sometimes filed motions directed more at the court of public opinion, with an eye toward influencing a potential jury pool.Notably, the Smith motion does not excuse all the activity that took place.“If, as the Fulton prosecutors claim, somebody threatened physical harm to an election worker, that might (or should) be prosecuted as a crime,” Mr. Smith’s lawyers write. “The same for stealing computers or information from a computer.”Some defendants in the case were charged with conspiracy to commit computer theft in a breach of a rural Georgia county’s voting system, while others were accused of threatening a poll worker.Mr. Trump may soon follow the lead of several other defendants and ask to have his case moved to federal court, where the jury pool would be somewhat more supportive of him. But on Friday, a U.S. District Court judge rejected such a request from Mark Meadows, Mr. Trump’s former White House chief of staff, dimming the prospects that others would succeed with the strategy. More

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    Fani Willis Sharply Rebukes House Republican Investigating Her

    The prosecutor, Fani T. Willis, accused Representative Jim Jordan of Ohio of trying to obstruct her prosecution of the racketeering case against Donald J. Trump and his allies.The district attorney leading a criminal case against Donald J. Trump and his allies in Georgia accused Representative Jim Jordan of Ohio of trying to obstruct her prosecution of the case in a sharply worded letter she sent on Thursday.Soon after the district attorney, Fani T. Willis, a Democrat, announced last month that she was bringing a racketeering case against Mr. Trump and 18 other defendants for their efforts to overturn the results of the 2020 presidential election in Georgia, Mr. Jordan, a Republican and chairman of the House Judiciary Committee, said that he was going to investigate Ms. Willis over whether her prosecution of Mr. Trump was politically motivated.In her letter, Ms. Willis accused Mr. Jordan of trying “to obstruct a Georgia criminal proceeding and to advance outrageous partisan misrepresentations,” and of not understanding how the state’s racketeering law works.“Your attempt to invoke congressional authority to intrude upon and interfere with an active criminal case in Georgia is flagrantly at odds with the Constitution,” she added. “The defendants in this case have been charged under state law with committing state crimes. There is absolutely no support for Congress purporting to second guess or somehow supervise an ongoing Georgia criminal investigation and prosecution.”The letter came as the defendants and the prosecution continued sparring in legal filings over where and when the trial would take place. In a new filing, Mark Meadows, a defendant, who served as the White House chief of staff under Mr. Trump, was seeking a stay of the proceedings in state court until a judge ruled on his motion to move his case to federal court.The Georgia case is one of four criminal indictments that have been brought against Mr. Trump this year; Mr. Jordan’s investigation of Ms. Willis is the latest example of House Republicans using their power in Congress to try to derail efforts to prosecute the former president.When he announced his inquiry last month, Mr. Jordan, a close Trump ally, said it would look for any evidence of communication between Ms. Willis and the Biden administration and examine her office’s use of federal grant money.While Mr. Jordan expressed concerns that former federal officials were being unfairly targeted in a state prosecution, some of the issues he raised had little to do with the underlying facts of the investigation. For example, in a letter to Ms. Willis, he said her new campaign website had included a reference to a New York Times article that mentioned the Trump investigation.Ms. Willis’s response is the latest sign that she will not take attacks on her office and the investigation quietly — a striking difference in style from that of Jack Smith, the more reserved and laconic special prosecutor handling the two federal criminal cases against Mr. Trump.She has a track record as a pugnacious, law-and-order prosecutor, and is pursuing racketeering cases not only against the former president and his allies, but a number of high-profile Atlanta rappers accused of operating a criminal gang.In a heated email exchange in July over the terms of Gov. Brian Kemp, a Republican, providing testimony in her investigation, Ms. Willis called the governor’s lawyer, Brian McEvoy, “wrong and confused” and “rude,” after Mr. McEvoy expressed frustration over mixed signals he said he had received from her office, and asserted that there had been “leaks” associated with her investigation.“You have taken my kindness as weakness,” she wrote, adding: “Despite your disdain this investigation continues and will not be derailed by anyone’s antics.”On Thursday, scores of Trump supporters gathered near the State Capitol for a news conference and rally, demanding that the state legislature call a special session to defund Ms. Willis’s office. The effort, led by Colton Moore, a freshman state senator, has little support among Mr. Moore’s fellow lawmakers and is almost certain to fail.Mr. Moore, who has drawn attention and praise in recent weeks from news outlets supportive of Mr. Trump, said that Ms. Willis was engaged in “politicization” of the justice system. His constituents, he said, “don’t want their tax dollars funding this type of corrupt government power.”In her letter to Mr. Jordan, Ms. Willis invited him to purchase a book about racketeering statutes written by one her fellow prosecutors on the Trump case, John Floyd, titled “RICO State by State.”“As a non-member of the bar,” she wrote, “you can purchase a copy for two hundred forty-nine dollars.” More

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    Trump Georgia Case: Defendants Powell and Chesebro to Get Early Trial Together

    Sidney Powell followed Kenneth Chesebro in demanding a speedy trial, but neither defendant in the election interference case wanted to be tried with the other.Two of Donald J. Trump’s co-defendants in the Georgia election-interference case will go to trial together on Oct. 23, a judge ruled on Wednesday. The defendants, Sidney Powell and Kenneth Chesebro, had asked to be tried separately from one another.The ruling from Judge Scott McAfee of Fulton County Superior Court, however, is contingent on the case remaining in state court — a situation that could change if other defendants succeed at moving the case into a federal courtroom.Fani T. Willis, the district attorney of Fulton County, is still holding out hope that all 19 defendants in the racketeering case can be tried together. One of her prosecutors said during a hearing on Wednesday that the state would take approximately four months to present its case, calling roughly 150 witnesses. That estimate does not include the time it would take to pick the jury.But during the hearing, Judge McAfee said he remained “very skeptical” that a single trial for all 19 defendants could work. For one thing, some of the accused, including Ms. Powell and Mr. Chesebro, have invoked their right to a speedy trial while others have not.The questions raised at the hearing underscore the tremendous logistical challenges prosecutors face in the racketeering case charging the former president and his allies with a multipronged effort to overturn the 2020 election results in Georgia. It is one of four criminal trials looming for Mr. Trump, the leading Republican presidential candidate in the 2024 election.So far, since his indictment in the Georgia case, Mr. Trump’s only request has been to sever his case from those of his co-defendants who are seeking a speedy trial.A federal judge is mulling requests from five defendants to move their cases to federal court. Mr. Chesebro demanded a speedy trial in state court.Ms. Powell made a similar demand soon after, but neither defendant wanted to be tried with the other. Both asked the judge to sever their cases from each other’s.Lawyers for Mr. Chesebro and Ms. Powell noted that even though their clients were charged with participating in a conspiracy to overturn Mr. Trump’s election loss in Georgia, the two were charged with very different roles in it.Prosecutors say that Mr. Chesebro, a lawyer, took part in a sweeping plot to create slates of fake electors pledged to Mr. Trump in several key swing states that he had lost. The charges against Ms. Powell, also a lawyer, stem from her involvement in a data breach by Trump supporters in an elections office in rural Coffee County, Ga.In court filings, Mr. Chesebro’s lawyers argued that the allegations against Mr. Chesebro and Ms. Powell were “akin to oil and water; wholly separate and impossible to mix (into one conspiracy).” One of the lawyers, Scott Grubman, raised the possibility that the same jury hearing his client’s case would be subjected to weeks, if not months, of testimony about the data breach that he was not involved in.Attorney Brian T. Rafferty, who is defending Sidney Powell, argues before Judge McAfee on Wednesday,Pool photo by Jason GetzBrian T. Rafferty, a lawyer for Ms. Powell, sounded a similar theme, arguing that Ms. Powell’s defense was “going to get washed away” by lengthy discussions about the fake electors scheme.But Will Wooten, a deputy district attorney, argued that Mr. Chesebro and Ms. Powell were part of the same overarching racketeering conspiracy. “The conspiracy evolved: One thing didn’t work, so we move on to the next thing,” he said. “That thing didn’t work, so we move on to the next thing.”Judge McAfee, in the end, decided that Mr. Chesebro and Ms. Powell would get a fair trial if tried together. He also noted that it would save time and money to combine them. Still, when or where all 19 defendants will ultimately face trial remains uncertain. The efforts to move the case to federal court have been led by Mark Meadows, a defendant who served as White House chief of staff under Mr. Trump. Such a move would expand the jury pool into suburban counties that are somewhat more supportive of Mr. Trump, and it would increase the likelihood of the United States Supreme Court, a third of whose members were appointed by Mr. Trump, getting involved in potential appeals.Defendants would still be tried under state laws, however, and the case would not be subject to a president’s power to pardon federal crimes.While typically only federal officials can get their cases moved to federal court, it is possible that if even one defendant succeeds at it, the others will come with him or her.Some defendants who were not federal employees at the time the alleged crimes took place are claiming that their role as bogus Trump electors qualifies them for a move to federal court. A lawyer for Shawn Still, a Georgia state senator, argued last month in a legal filing that Mr. Still was acting “in his capacity as a contingent United States presidential elector” and thus “was, or was acting under, an officer of the United States.”Ms. Willis’s office scoffed at that assertion, arguing in a motion filed Tuesday that Mr. Still “and his fellow fraudulent electors conspired in a scheme to impersonate true Georgia presidential electors; their fiction is not entitled to recognition by this Court.”Mr. Trump, like the other defendants, has pleaded not guilty, waiving an arraignment that was supposed to have taken place on Wednesday. He continues to use the Georgia investigation as an opportunity to raise money.“Today was supposed to be my scheduled arraignment in Atlanta,” he wrote to potential donors on Wednesday, adding that, “Instead, I want to make today a massive grassroots fundraising day.” More

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    Trump, Waiving Arraignment, Pleads Not Guilty in Georgia Case

    The 19 defendants in the election interference case are sparring with prosecutors over when a trial might start, and whether it will be in state or federal court.Former President Donald J. Trump pleaded not guilty on Thursday and waived his arraignment in the Georgia criminal case charging him and 18 of his allies with interfering in the 2020 election.His plea came as Gov. Brian Kemp of Georgia, a fellow Republican, dismissed demands from the former president and some of his supporters to start impeachment proceedings against Fani T. Willis, the prosecutor who brought the case.Without Mr. Kemp’s help, it is all the more unlikely that Mr. Trump will be able to derail the prosecution.“In Georgia, we will not be engaging in political theater that only inflames the emotions of the moment,” Mr. Kemp said in a news conference at the State Capitol, where he also discussed the response to Hurricane Idalia. “We will do what is right, we will uphold our oath as public servants, and it’s my belief that our state will be better off for it.”It remains unclear where or when Mr. Trump will be put on trial in the case, one of four that he has been charged in this year. A number of the 19 defendants are sparring with Ms. Willis, the Fulton County district attorney, over when a trial might start and whether it will be in state or federal court, leaving two judges in courtrooms only a few blocks apart in downtown Atlanta to wrangle with defense lawyers pulling in different directions.“I do hereby waive formal arraignment and enter my plea of not guilty,” Mr. Trump stated in a two-page filing on Thursday morning.He wrote that he had discussed the charges with his lawyer, Steven H. Sadow, adding: “I fully understand the nature of the offenses charged,” and that he waived his right to appear at arraignment, which had been scheduled to take place in Atlanta next Wednesday along with those of Mr. Trump’s co-defendants.Mr. Trump surrendered at the Fulton County jail in Atlanta last week and was booked on 13 felony charges for his efforts to reverse his 2020 election loss in Georgia. On social media, he has assailed and spread falsehoods about Ms. Willis, a Democrat, calling her “crooked, incompetent & highly partisan.” He has also praised State Senator Colton Moore, the most outspoken advocate for impeaching Ms. Willis. But calling a special legislative session to begin the impeachment process lacks enough support among lawmakers to move forward.Mr. Kemp has the power to unilaterally call a special session; his refusal to do so for an impeachment of Ms. Willis echoes his refusal to call a special session after the 2020 election, when Mr. Trump pressured him to make such a move to help overturn his election loss.State legislators may also call a special session. But although Republicans are in the majority of both houses of the Georgia General Assembly, doing so would require the support of three-fifths of the legislature, a threshold that could only be met with votes from some Democrats.Republican lawmakers in the state have wrestled since Mr. Trump’s indictment over whether anything can or should be done to impede Ms. Willis and her criminal case.This week, House Speaker Jon Burns said it would be “reckless” to take steps to defund Ms. Willis’s office, another move that some Republicans are considering, because it could hinder efforts to fight violent crime in Atlanta.But Mr. Moore, a first-year senator from ultraconservative northwest Georgia, has spoken in threatening terms.“I don’t want a civil war,” he said in a recent televised interview. “I don’t want to have to draw my rifle. I want to make this problem go away with my legislative means of doing so.”Mr. Kemp’s relationship with Mr. Trump fractured after the governor stood by the state’s election results in 2020, which gave Joseph R. Biden a narrow victory there.On Wednesday, he warned fellow Republicans that they could suffer politically if they focused on what he called the “distractions” posed by Ms. Willis’s case and Mr. Trump’s 2020 election loss. They should be pursuing tax cuts and teacher raises, he said, “not focusing on the past, or some grifter scam that somebody’s doing to help them raise a few dollars into their campaign account.”Mr. Trump has also been indicted this year in a criminal case in Manhattan, on state charges in a case stemming from hush money paid to a pornographic film actress. And he has been indicted in a pair of federal cases — one in Washington, related to his efforts to overturn the 2020 election result nationally, and one in Florida over his handling of sensitive government documents after he left office.Should he be elected president again, he may theoretically be able to pardon himself of any federal convictions. But Mr. Trump would not be able to do so for a state conviction, even if the case was moved to federal court, as some defendants are seeking to do.Complicating the Georgia case, Mr. Trump and his co-defendants have differing legal strategies. Several of the defendants, including Mark Meadows, the former White House chief of staff, have filed to move the case to federal court. Late Thursday afternoon, prosecutors and lawyers for Mr. Meadows filed a new round of briefs in their battle over the removal question.Other defendants, including Kenneth Chesebro and Sidney Powell, have moved for speedy trials in state court, as they are allowed under Georgia law. Mr. Chesebro’s trial has already been scheduled to start on Oct. 23. Ms. Willis’s office is seeking to keep all of the defendants together in a single trial starting then, but Fulton Superior Court Judge Scott McAfee has initially indicated that only Mr. Chesebro will be tried at that time.Mr. Sadow filed a motion on Thursday seeking to sever Mr. Trump’s case from Mr. Chesebro’s and those of any other defendants who invoke their right to a speedy trial. He wrote in his filing that “requiring less than two months preparation time to defend a 98-page indictment, charging 19 defendants, with 41 various charges” would “violate President Trump’s federal and state constitutional rights to a fair trial and due process of law.” More

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    Harrison Floyd, Last Defendant in Trump Election Interference Case in Georgia, Is Granted Bond

    Harrison William Prescott Floyd, who once led a group called Black Voices for Trump, was held longer at an Atlanta jail after turning himself in, apparently because he showed up to his booking without a lawyer.Harrison William Prescott Floyd, a supporter of Donald J. Trump’s who was indicted along with the former president in the Georgia election interference case, was granted a $100,000 bond on Tuesday, the last of the 19 defendants in the case to reach a bond agreement.While the other defendants named in the indictment, including Mr. Trump, made only brief visits to an Atlanta jail in recent days to be booked, Mr. Floyd, 39, who once led a group called Black Voices for Trump, spent a number of days at the jail after turning himself in last Thursday, apparently because he showed up to his booking without a lawyer.As of Tuesday evening, Fulton County inmate records showed that Mr. Floyd had not yet been released. Neither Mr. Floyd nor the lawyer who eventually signed up to represent him, Todd A. Harding, could be reached for comment on Tuesday.Mr. Floyd, who also goes by Willie Lewis Floyd III, is accused of being involved in a scheme to extract a confession of election fraud from Ruby Freeman, a Fulton County election worker, as Mr. Trump and a number of his supporters searched for evidence of fraud so that they could derail Congress’s certification of the 2020 presidential vote.The targeting of Ms. Freeman, a Black woman in her 60s, is one of the stranger narratives that form the basis of the 98-page state indictment. Shortly after the election, right-wing commentators began spreading unfounded accusations of wrongdoing by Ms. Freeman, based on security-camera footage of her counting votes at a downtown Atlanta sports arena.Mr. Trump joined in, mentioning Ms. Freeman by name in his now-famous Jan. 2, 2021, phone call to Georgia’s secretary of state, Brad Raffensperger. During the call, he labeled Ms. Freeman as a “a professional vote scammer and hustler” and told Mr. Raffensperger that he wanted to “find” roughly 12,000 votes in Georgia — just enough for him to win the state.Two days later, a Trump supporter named Trevian Kutti persuaded Ms. Freeman to meet her at a police station in Cobb County, Ga., outside Atlanta. Ms. Kutti warned Ms. Freeman that an event would soon occur that would “disrupt” her “freedom,” according to police body-camera video of the meeting. Ms. Kutti also offered vague assurances of help, telling Ms. Freeman that she was going to call a man who had “authoritative powers to get you protection.”Ms. Freeman then called Mr. Floyd. According to Reuters, Ms. Freeman said that Mr. Floyd had tried to pressure her into saying that she had committed voter fraud. Ms. Kutti warned her that she would go to jail if she did not “tell everything,” Ms. Freeman told the news outlet.All 19 defendants in the sprawling Georgia indictment, including Mr. Trump, are charged with racketeering in connection with what prosecutors call a “criminal organization” whose aim was to unlawfully reverse the former president’s election loss in the state. They all face at least one other charge; Mr. Floyd is charged with influencing a witness and conspiracy to commit solicitation of false statements and writings.Mr. Floyd was previously arrested in February on charges of attacking a federal agent involved in the Justice Department’s investigation into the 2020 election, The Washington Post reported last week. More