Judge In Georgia Election Case Sets October Trial Date For Ex-Trump Lawyer—But Not Trump Or Other Defendants

Topline

Fulton County Superior Court Judge Scott McAfee set an October 23 trial date for former President Donald Trump’s ex-lawyer Kenneth Chesebro, one of the 19 defendants in the Georgia election interference case, but the date will not apply to Trump or the 17 other co-defendants.

Key Facts

McAfee issued the order Thursday in response to Fulton County District Attorney Fani Willis’ request to start the trial for all 19 defendants on October 23, after Chesebro asked for a speedy trial in the case.

Chesebro is scheduled to be arraigned for the seven charges he faces on September 6, according to McAfee’s order.

Willis initially asked a judge to set the trial date for March 4, 2024—a quick turnaround that many experts believed would be challenging for such a complex case—but Chesebro’s request seemed to push the district attorney to file for an even earlier date.

Willis’ motion was filed one day after Chesebro demanded a speedy trial in the election interference case, which could have hindered Willis’ plans to prosecute the case’s 19 defendants together.

A speedy trial demand in Georgia requires a case to be tried by the end of two court terms, a condition Willis said was fulfilled by her proposed October 23 trial date, noting in her motion that the date falls within the “next succeeding regular court term.”

Chief Critic

Trump opposed Willis’ motion and requested the court set a scheduling conference in a filing Thursday. The filing also said Trump will “be filing a timely motion” to separate his case from Chesebro’s or any other defendant who files for a speedy trial.

What To Watch For

Meadows, ex-Justice Department official Jeffrey Clark and former Georgia Republican chairman David Shafer asked this week for the case to be moved to a federal court. If the requests are granted, they could disrupt Willis’ plan to prosecute all defendants together. Trump is also expected to file a similar request.

Key Background

Trump was indicted this month and charged with 13 felony counts including a violation of Georgia’s Racketeer Influenced and Corrupt Organizations Act, conspiracy to commit forgery and making false statements. The charges against Trump and his co-defendants total to 41 and include a racketeering count against each defendant. A majority of the 19 defendants negotiated bond agreements ranging from $10,000 to $200,000 as of Wednesday. Experts believe a trial isn’t likely to start before the November 2024 general election, citing the case’s extensive list of defendants, the complexity of the racketeering charges and requests for the case to be moved to a federal court.

Tangent

Trump—the first former U.S. president to be criminally charged—faces three other indictments in other jurisdictions. A New York case involving a hush money scheme with porn actress Stormy Daniels has a trial date of March, a federal case for allegedly mishandling government documents is scheduled for May, and prosecutors and Trump’s attorneys are awaiting a judge’s decision on when to try a separate federal case for trying to overturn the 2020 election.

Further Reading

Rudy Giuliani, Kenneth Chesebro Mug Shots Released In Georgia Election Interference Probe—See The Other Co-Defendants’ Mug Shots (Forbes)

Judge Denies Bids From Mark Meadows, Jeffrey Clark To Stop Arrests In Georgia Election Case (Forbes)

Source: https://www.forbes.com/sites/antoniopequenoiv/2023/08/24/judge-in-georgia-election-case-sets-october-trial-date-for-ex-trump-lawyer-but-not-trump-or-other-defendants/