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A Georgia judge on Thursday approved an Oct. 23 trial date for Kenneth Chesebro, one of the 19 defendants in the Georgia racketeering case.
Fulton County Superior Court Judge Scott McAfee set the date after Fulton County District Attorney Fani Willis (D) filed a motion requesting thatall 19 defendants in the case, including former President Donald Trump, begin trial on Oct. 23. She submitted that request after Chesebro invoked his right to a speedy trial, a request to which Trump's lawyers strongly objected.
Importantly, Chesebro is the only defendant in the case awarded expedited proceedings — at least for now.
"At this time, these deadlines do not apply to any co-defendant," McAfee said in a court order.
In a statement, Chesebro's attorneys said their client "will be prepared to move forward with trial on whatever date the court ultimately sets."
The fact that Willis and her team of prosecutors now face the prospect of multiple trials — at least two, but potentially more — could help Trump and his co-defendants.
That is because, according to CNN senior legal analyst Elie Honig, Trump's attorneys will get an inside look at the prosecution's case as it unfolds at Chesebro's trial, thus giving them more time to prepare a robust defense.
"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," Honig explained. "It's like seeing the other team's playbook opened up in front of you."
When exactly Trump or the 17 other defendants will go to trial remains unknown. Ultimately, that decision rests with Judge McAfee. Still, the earliest likely date will be sometime next year.
None of the other defendants have invoked their right to a speedy trial, plus each will need a reasonable amount of time to prepare for trial. The court system will also need to litigate complex legal issues that arise between now and then, such as the requests by three defendants (so far) to move their cases to federal court.
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Fulton County DA now wants Oct. 23 trial date for Trump after co-defendant tried to 'throw a wrench' in her plans
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.
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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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