Georgia
‘Overly optimistic’ Georgia Trump trial plan could create ‘circus,’ legal experts warn
Fani Willis, the district attorney in Fulton County, Ga., asked a judge Wednesday to start the trial of former President Trump on charges alleging he and 18 co-defendants plotted to overturn Georgia’s 2020 election results in March — just more than six months away.
But legal experts told The Hill such a timeline is ambitious at best, with the pure logistics of a trial of such magnitude creating roadblocks before it even begins.
“You worry it’s going to turn into a circus atmosphere,” said Kay Levine, a law professor at Emory University in Atlanta.
Trump and 18 others — his lawyers, political advisers, allies and affiliates — were hit with a combined 41 charges earlier this week, stemming from Willis’s years-long probe of efforts by Trump and his associates to keep the former president in power after he lost the 2020 election.
The defendants are all charged under Georgia’s broad Racketeer Influenced and Corrupt Organizations (RICO) Act, which allows prosecutors to weave the seemingly disparate defendants and their alleged actions into one enterprise. Willis’s case presents a multitude of schemes prosecutors say were meant to undermine the outcome of Georgia’s election.
Although Willis said she has no desire to be “first or last” in prosecuting Trump, she has signaled her office won’t waste time.
“We do want to move this case along,” she said Monday.
‘Not really realistic’
A six-month timetable is “overly optimistic; very, very ambitious; and not really realistic,” Levine said. The simple act of adjusting to each defendant’s calendar will likely cause extensive delays — “a continuance for this and a continuance for that,” she said.
That’s especially true for Trump, who is facing three other criminal trials while running his 2024 presidential campaign.
Trial dates in Trump’s New York hush money case and the federal case probing his handling of classified documents are set for March 25 and May 20, respectively. Special counsel Jack Smith has proposed a trial start date of Jan. 2 for charges related to Trump’s attempts to overturn the 2020 election in Washington, though a judge has not yet approved it.
With Willis’s proposed March 4 start date, at least three of the four trials would land squarely in the middle of a presidential primary season in full swing, said Jeffrey Cohen, an associate professor at Boston College Law School and a former federal prosecutor.
“I would hope that the judge will both respect the need for the public’s right to have a speedy trial … with the former president’s right to participate in the presidential primary season,” Cohen said. “I suspect around primaries there would be some leeway, but if he’s just holding a rally or something like that, then I would expect that wouldn’t be a good enough reason to delay the trial.”
Trump’s strategy: delay
Attempting to delay proceedings until after the 2024 election and beyond has been a key strategy for Trump’s legal teams in his other criminal cases. Caren Myers Morrison, a law professor at Georgia State University and former federal prosecutor, said to expect “a lot of motions filed” by Trump’s attorneys — motions to move from state to federal court, to dismiss the indictment, to claim privilege over evidence and more.
“The approach from Trump’s lawyers so far has been maximalist, and there’s no reason to believe they will change their strategy now,” Morrison said.
Willis said Monday she plans to try all 19 defendants together, remarks on which The Hill requested additional comment.
If all that occurs, the well of the court alone — the space separating the parties from the public — could far exceed 50 people, causing a host of additional logistical issues.
Each defendant is entitled to at least one attorney, though some may opt for more. Willis’s team, court staff and the jury would be present. And Trump would likely be accompanied by Secret Service protection, adding more bodies to the room.
“It’s certainly a fair question to ask, like, do we even have a courtroom that’s going to fit all these people? A counsel table? It’s a logistical hassle,” Levine said.
All 19 defendants in one courtroom
Prosecutors and defense attorneys could benefit from keeping the group whole.
An overflowing defense side of the courtroom could act as a constant reminder to jurors of the sweeping plot Fulton County prosecutors are alleging the defendants engaged in, according to Cohen.
“There is some strength in having a lot of defendants sitting at the table in the courtroom, because it shows, visually, the extent of the criminal enterprise,” he said.
Defense attorneys for Trump’s 18 co-defendants might argue their clients are “not like the others,” Cohen added. That narrative is one to which juries are sometimes sympathetic, according to Morrison.
“Even a jury that might convict some of the top people could take pity on the little guy and acquit them,” Morrison said.
Breaking up the single case into multiple cases could help push things forward, according to Morrison. The various alleged schemes presented in the indictment — from the fake electors plot and pressure campaign on local officials, to the Coffee County election equipment breach and efforts to influence a Fulton County election worker — would make splitting up the case an easier task.
But the experts agreed it’s unlikely all 19 defendants will make it to trial, predicting several will plead guilty and agree to cooperate with the government. The sheer scope of their alleged criminal enterprise makes complications all but inevitable, according to Levine.
“It’s going to be a challenge to run this whole trial,” she said.
Copyright 2023 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Georgia
College Football Playoff: Ohio State vs. Oregon, Notre Dame vs. Georgia previews, & best bets
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As the next round of the College Football Playoffs swiftly approaches, Emmanuel Acho, Mike Hill, and Chris Peterson break down the upcoming CFP matchups, some bets to look out for and more including the matchups between the Ohio State Buckeyes and the Oregon Ducks and also the Notre Dame Fighting Irish and the Georgia Bulldogs.
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Georgia
Court rules Georgia lawmakers can subpoena Fani Willis for information related to her Trump case
ATLANTA — A judge has ruled that the Georgia state Senate can subpoena Fulton County Dist. Atty. Fani Willis as part of a inquiry into whether she has engaged in misconduct during her prosecution of President-elect Donald Trump but is giving Willis the chance to contest whether lawmakers’ demands are overly broad.
Fulton County Superior Court Judge Shukura Ingram filed the order Monday, telling Willis she has until Jan. 13 to submit arguments over whether the subpoenas seek legally shielded or confidential information. Ingram wrote that she would issue a final order later saying what Willis had to respond to.
A state appeals court earlier this month removed Willis from the Georgia election interference case against Donald Trump and others, citing an “appearance of impropriety” that might not typically warrant such a removal. The Georgia Court of Appeals panel said in a 2-1 ruling that because of the romantic relationship Willis had with special prosecutor Nathan Wade, “this is the rare case in which disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings.”
Willis’ office immediately filed a notice of intent to ask the Georgia Supreme Court to review the decision.
The Republican-led Senate committee sent subpoenas to Willis in August seeking to compel her to testify during its September meeting and to produce scores of documents. The committee was formed earlier this year to examine allegations of “various forms of misconduct” by Willis, an elected Democrat, during her prosecution of Trump and others over their efforts to overturn the former president’s 2020 election loss in Georgia.
The resolution creating the committee focused in particular on Willis’ hiring of Wade to lead the prosecution against Trump and others. The resolution said the relationship amounted to a “clear conflict of interest and a fraud upon the taxpayers” of the county and state.
Willis’ attorney, former Democratic Georgia Gov. Roy Barnes, argued that the Senate committee did not have the power to subpoena her. He also argued that the subpoenas were overly broad and not related to a legitimate legislative need, saying the committee is seeking confidential and privileged information, as well as private and personal information.
Willis’ challenge was pending in mid-September when she skipped a hearing during which the committee members had hoped to question her.
In October, the committee asked Ingram to require Willis to comply with the subpoenas. The committee’s lawyers wrote in a court filing that Willis’ failure to do so had delayed its ability to finish its inquiry and to provide recommendations for any legislation or changes in appropriations that might result.
Fulton County Superior Court Judge Scott McAfee ruled in March that Willis’ actions showed a “tremendous lapse in judgment,” but he did not find a conflict of interest that would disqualify Willis. He said she could continue her prosecution as long as Wade stepped aside, which he did.
Willis and Wade have acknowledged the relationship but have said it began after he was hired and ended before the indictment against Trump was filed.
One wrinkle in the proceedings is that the current Georgia legislative term will end when lawmakers are sworn in for their new term Jan. 13. However, Republican state Sen. Greg Dolezal of Cumming said last week that he will file legislation to reestablish the committee at the beginning of the 2025 legislative session.
“Despite our committee’s lawful subpoena, DA Willis has refused to testify,” Dolezal said in a statement. “This, coupled with troubling revelations of apparent violations of Georgia’s open records laws, paints a disturbing picture of an office operating as though it is above the law. This behavior undermines public trust and raises serious questions about the integrity of her office.”
Republican Lt. Gov. Burt Jones said he would support Dolezal’s move, saying Willis’ “refusal to come before the committee is unacceptable and addressing these issues to require accountability will be a priority for the Senate.”
Brumback and Amy write for the Associated Press.
Georgia
‘Let’s see who will be leaving’: Georgia’s presidential standoff nears crunch point
All eyes in Georgia are fixed on the elegant 19th-century Orbeliani Palace in Tbilisi, where a defining moment looms. Who will occupy its halls on 29 December?
On Sunday, Georgia’s pro-western president, Salome Zourabichvili, is supposed to hand over the keys to her successor, Mikheil Kavelashvili, a former football player turned far-right politician who is backed by the ruling and increasingly authoritarian Georgian Dream (GD) party.
Zourabichvili, whose role as president is ceremonial but has made her a symbolic leader of the opposition, insists she is not stepping down and has called the GD-led government illegitimate.
She recently shared a photo of the New Year’s decorations at the presidential residence, which featured a large train as part of the display. “They put a train in front of the Orbeliani Palace,” she wrote on Facebook, adding: “Let’s see who will be leaving.”
In response, Irakli Kobakhidze, the prime minister of Georgia and the GD chair, said Zourabichvili would face legal consequences if she chose to stay in office.
“Let’s see where she ends up, behind bars or outside,” he said at a press briefing in Tbilisi this week.
The standoff has plunged the country into a political crisis, the outcome of which could shape Georgia’s trajectory for years to come as it is pulled between Russia and the west.
Even for Georgia – a small nation nestled in the Caucasus mountains and with a turbulent history of swinging between democratic aspirations and periods of harsh repression – these are extraordinary times, marked by mass protests and growing uncertainty.
Thomas de Waal, a senior fellow at the Carnegie Europe thinktank and an expert on the region, said: “I don’t think anyone knows what happens next. It looks like we’re heading into an escalatory phase. Neither side is going to back down in the short term.”
Tens of thousands of people have taken to the streets in Tbilisi and other cities in Georgia almost daily for the past three weeks to protest against GD and its increasingly anti-liberal and pro-Moscow direction.
The ruling party, which has been in power since 2012, was founded by the shadowy billionaire Bidzina Ivanishvili, who made his fortune in Russia during the 1990s.
The initial spark for the protests, which have spread across generations and social classes, was a recent speech by the GD leadership announcing its decision to suspend EU accession negotiations. The move has led to outrage in Georgia where up to 80% of the 3.8 million population support EU membership.
Tensions in the country, however, have been rising for months. GD won contentious parliamentary elections in October. Many Georgians believe the results were rigged, with international election observers raising concerns about pressure, intimidation and voter buying.
The opposition, led by Zourabichvili, rejected the results as unfair and called for new elections.
Police have increasingly resorted to force and intimidation in an effort to disperse the rallies, arresting demonstrators and opposition members. Many Georgians have been appalled by the level of violence directed at journalists and protesters, and signs of cracks have begun to appear within the country’s elite.
Several senior Georgian ambassadors have resigned in protest, and hundreds of civil servants and military figures have issued letters condemning the decision to suspend EU accession talks, though there have been no notable defections from GD.
After the parliamentary elections, the ruling party nominated Kavelashvili as president, a move that marked the end of Georgia’s last independent political institution not under GD control.
Kavelashvili, a former Premier League striker for Manchester City, emerged as a ultranationalist agitator after being elected to parliament in 2016.
The 53-year-old is remembered by former teammates as quiet and unassuming but is now known for his fiery anti-western rhetoric and attacks on the opposition. He is widely regarded as a figurehead controlled by Ivanishvili.
Protesters have mocked Kavelashvili for lacking a university degree, which previously disqualified him from seeking the leadership of the Georgian Football Federation.
He was also a prominent backer of the controversial Russian-style “foreign agent” law, which was eventually adopted by the Georgian parliament amid mass protests last May.
The legislation has been labelled a “Russian law” by critics who liken it to that introduced by the Kremlin a decade earlier to silence political dissent in the media and elsewhere.
The contrast between Kavelashvili and Zourabichvili could hardly be starker. Born in Paris in 1952, Zourabichvili is the descendant of a family that fled Georgia after the Soviet Union absorbed the country in 1921. Initially elected to the presidency in 2018 with GD backing, she has since emerged as one of the party’s most vocal critics.
“Zourabichvili is the voice of European Georgia. For many, she is the last legitimate power,” said Prof Kornely Kakachia, the director of the Tbilisi-based thinktank Georgian Institute of Politics.
Much of the outcome of the presidential stalemate will hinge on the west’s response and whether it continues to recognise Zourabichvili as a legitimate leader, he said.
During a recent speech in Brussels, Zourabichvili appealed to the EU to press the GD-led government to hold a new election.
But many inside and outside Georgia worry that a politically fractured Europe, where leaders are grappling with internal crises, may lack the willpower to challenge GD.
Zourabichvili told EU lawmakers: “If we are honest, Europe so far has not fully lived [up] to the moment. Europe has, so far, met the challenge halfway. Where Georgians have been fighting day and night, Europeans have been slow to wake up and slow to react.” GD has found its own allies in Europe in the forms of Hungary and Slovakia – both of which have populist, Russia-friendly leaders. The two central European countries blocked a proposed package of EU sanctions against leading Georgian officials this month.
There have also been murmurs that GD hopes to benefit from the second Trump presidency, which may be less focused on human rights.
To keep the pressure on GD, the Dutch MEP Reinier van Lanschot urged leading EU member states such as Germany, France and Poland to rally other countries in the bloc to impose direct bilateral sanctions against the Georgian government.
“The key thing is to keep momentum. Otherwise, Georgia could become a dictatorship,” Van Lanschot told the Guardian after a recent visit to the country.
For now, Zourabichvili’s next steps remain anyone’s guess.
Two sources who recently spoke to her said she was still weighing her options. These reportedly include forcing police to physically remove her from the presidential palace, or organising a mass rally outside the palace on inauguration day and setting up a parallel office.
What is more certain is that there will be renewed protests that are likely to be followed by more crackdowns.
“If the Georgian Dream really wants to stay in power, we may see an escalation on their part, which is risky for everyone,” De Waal said. He described this as the “Belarusian scenario”, referring to the thousands of protesters in Belarus who were arrested, some tortured, and later jailed in 2020 and 2021 during a brutal crackdown.
“One side will have to give, eventually,” he said.
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