Fulton County District Attorney Fani Willis (D) is now requesting the trial for her case involving former President Donald Trump and 18 others to begin in just two months.
Last week, Willis told the court she wanted to begin trial on March 4, 2024 — directly in the heart of primary season and one day before Super Tuesday. But Willis filed a new motion on Thursday asking the court to begin trial on October 23, 2023, for all 19 defendants.
“Without waiting on any objection as to the sufficiency of Defendant’s Kenneth John Chesebro’s filing, the State request that this Court specially set the trial in this case to commence on October 23, 2023, which falls within the term of the next succeeding regular court term after the July-August 2023 term,” the motion read.
The request is significant not only because it would dramatically reduce the amount of time for the defendants to prepare for trial, but it comes one day after Kenneth Chesebro’s lawyers filed a motion invoking his right to a speedy trial.
That motion, according to CNN senior legal analyst Elie Honig, “could really throw a wrench” in Willis’ plans — and benefit Trump.
“He’s saying, under Georgia law, he has the right, if he insists on it, to have that trial start by October, by November. If that happens, there will be at least two trial groups. There will be an early group. It may just be him, it may be others, and there will be a later group. And you can bet Donald Trump wants to be in that later group, and the judge almost certainly can’t force him into that early group,” Honig explained on Thursday.
“And then what do you do if you’re Trump’s team? You sit back, you watch every minute of that first trial, you see all the government’s witnesses, you see them cross-examined, you take notes. It’s like seeing the other team’s playbook opened up in front of you,” he said.
Still, it’s unlikely that Judge Scott McAfee will approve the October date.
Though Willis has called Chesebro’s bluff, Trump and his 18 co-defendants have due process rights, which include their right to prepare for trial.
It’s highly implausible that each of the defendants could reasonably prepare for trial in two months, especially considering the complex legal issues that will need to be litigated before trial can begin. Three of the defendants, in fact, are already seeking to move the case to federal court.
Trump’s attorneys, meanwhile, filed a motion Thursday afternoon seeking to sever his case from Chesebro’s.
Ultimately, McAfee will settle these matters and decide when trial can begin.
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