Fulton County Superior Court Judge Scott McAfee recently presided over the first televised hearing in the Trump election interference case, where he swiftly denied a request to try co-defendants Sidney Powell and Kenneth Chesbro separately. MSNBC’s legal correspondent, Katie Phang, expressed surprise at the judge’s quick decision during the hearing and provided insights into the upcoming proceedings.
Phang noted that there is a tight timeline for the case, with October 23rd, just over five weeks away, as a significant milestone. She explained that a considerable amount of work needs to be completed in the coming weeks, including pretrial motions. The judge also awaits a ruling from federal Judge Steve Jones regarding the removal of defendants, specifically Mark Meadows, to federal court.
The state’s stance was that they are prepared to go to trial with all 19 defendants if the judge decides to sever only Chesbro and Powell. They argued that the trial duration and the number of witnesses would remain the same because “evidence against one is evidence against all.”
Phang raised the question of whether Judge McAfee would order the remaining 17 defendants to be tried alongside Powell and Chesbro, and anchor Katy Tur posed the concern of how the judge could compel the other 17 defendants, who have expressed a desire for a separate trial, to proceed with a trial on October 23rd.
October 23rd, a little bit over five weeks away, and as the judge indicated in court today, there’s a lot of stuff that has to get done. Pretrial motions, etc., not to mention the fact that he’s awaiting a ruling from federal Judge Steve Jones in terms of whether or not the removal defendants, specifically Mark Meadows, is going to actually go to federal court.
And that really dovetails with one of the biggest questions that was asked of all counsel, specifically the state indicating, “We’re ready to go to trial with all 19 defendants, your honor, if you’re inclined to sever just Chesebro and Powell, it’s the same amount of time — four months. It’s the same number of witnesses — 150.” Why? Because they said, quote, “evidence against one is evidence against all.”
Phang added, “The remaining question is will Judge McAfee order the remaining 17 defendants to be tried with” Powell and Chesbro.
Anchor Katy Tur asked, “How can he say to the other 17 defendants, who’ve said they don’t want seedy trial, that they have to have a trial on October 23rd?”
“I think if we have to read tea leaves, the indication from the court, because of the logistical questions he kept imposing on the state and the defense, you’re not going to see all 19 of the defendants tried together. Why? Because they each individually have due process rights…You’re going to probably see an October 23rd trial of Chesebro and Powell. But the real issue is going to be, how do you manage the remaining 17?”
Phang suggested that it might be unlikely for all 19 defendants to be tried together, given the logistical complexities and the individual due process rights of each defendant. She anticipated that an October 23rd trial for Chesbro and Powell might be more plausible, but the challenge lies in managing the remaining 17 defendants. She characterized this situation as a “logistical nightmare.”
In summary, the televised hearing in the Trump election interference case saw Judge McAfee deny a request for separate trials for two co-defendants. The discussion raised concerns about the logistical challenges of trying all 19 defendants together, given the tight timeline and individual due process rights. The specific arrangements for the upcoming trial remain uncertain.
