Fulton County DA Calls for Speedy Trial in Election Racketeering Case
Fulton County District Attorney Fani Willis has requested a speedy trial for all 19 defendants charged in a racketeering case related to their contesting of the 2020 election results. The updated proposal comes in response to a motion filed by defendant Kenneth Chesebro, who demanded a swift trial. Chesebro, who surrendered voluntarily and was released on bail, was one of the highest-profile defendants, along with former President Donald Trump and Rudy Giuliani.
Initially, Willis had proposed a March 2024 trial date, which drew criticism from skeptics who felt it was rushed and potentially politically motivated. Defendant Jeffrey Clark, a former Justice Department official, had formally opposed the proposed trial date. Now, Willis is requesting that the trial for all 19 defendants commence on October 23, 2023. Attorneys representing seven of the defendants have been notified of this request.
The October trial date falls within the next succeeding regular court term, in line with Chesebro’s demand for a speedy trial. However, the final decision on the trial date rests with the judge, and it may also be impacted by a potential removal of the case to federal court, which will be determined after a hearing on August 28.
Three defendants—Mark Meadows, David Shafer, and Jeffrey Clark—have filed notices of removal to federal court, claiming that, as high-ranking federal officials, they are immune to state criminal proceedings. President Trump’s attorneys have also suggested the possibility of removal to federal court but have not specified when they might file a notice.
Legal observers have noted that a state conviction cannot be later pardoned by a president, making it potentially advantageous for the case to remain at the state level. Meanwhile, Chesebro’s attorney stated that his client is prepared to proceed with the trial on whatever date the court ultimately sets.
Chesebro, an attorney himself, is facing seven counts, including violations of Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act, conspiracy charges related to impersonating a public officer, forgery, false statements, and filing false documents. Willis alleges that the defendants’ efforts to have alternate electors cast ballots constituted a criminal racketeering enterprise.
In addition to Chesebro’s actions, the indictment details other evidence, such as emails and meetings, suggesting a conspiracy to delay the counting of votes on January 6, 2021. The indictment also mentions the involvement of notable figures like Giuliani, Meadows, and Clark, who have either claimed immunity or are considering removing the case to federal court.
While one notice of removal is enough to move the entire case to federal court, certain aspects that fall outside federal jurisdiction could still be returned to state court. Meadows and Clark are anticipating having their charges dismissed in federal court, arguing that the Constitution’s supremacy clause grants them immunity.
Other defendants in the case include attorneys Jenna Ellis, Sidney Powell, John Eastman, Ray Smith III, and Robert Cheeley; GOP strategist Michael Roman; alternate electors Shawn Still and Cathleen Latham; Illinois pastor Stephen Lee; Harrison Floyd of the Black Conservative Federation; Trevian Kutti, a former publicist for Kanye West; Scott Hall, a Georgia bail bondsman and Fulton County Republican poll watcher; and Misty Hampton, also known as Misty Emily Hayes, a former elections supervisor.
Several defendants have already surrendered and been released on bond, with former President Trump expected to surrender at the Fulton County jail later this week. As this high-profile case unfolds, the requests for a speedy trial and potential removal to federal court will continue to shape its trajectory.
