Prosecutors who have accused former President Donald Trump and 18 others of participating in an illegal scheme to overturn the results of the 2020 election in Georgia maintain that all of 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 following two months, with the trial for Chesebro and Powell still underway.
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 federal 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.
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