Prosecutors maintain that all the defendants should be tried together, citing efficiency and fairness.
Most of the other defendants have filed motions to be tried alone or in smaller groups, but prosecutors noted that those defendants have not waived their rights to file their own speedy trial demands. The deadline for that is Nov.
5, and if such demands were filed it would trigger one or more trials starting within the two-month court term that begins Nov. 6, with the trial for Chesebro and Powell likely still underway. That could lead to multiple trials in the high-profile case happening simultaneously, creating security issues and “unavoidable burdens” on witnesses and victims, prosecutors argued. Requiring defendants to waive their speedy trial right as a condition to separate their case “would prevent the logistical quagmire described above, the inevitable harm to victims and witnesses, and the risk of gamesmanship,” prosecutors wrote. Additionally, they argued, defendants who say they want to be tried separately because they won’t be ready by Oct. 23 should have to inform the court when they expect to be ready for trial.Five of the defendants are seeking to move their cases to federal court, and lawyers for Trump have said he may do the same. McAfee expressed concern last week about proceeding to trial in the state court while those attempts are ongoing because the law that allows federal officials to move state charges to federal court in some cases says “a judgment of conviction shall not be entered” unless the case is first sent back to state court. But prosecutors noted that the law explicitly allows a case to continue to move forward in a state court while the question of moving a case to federal court is pending.
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