Fani Willis warns of 'logistical quagmire' if judge splits trials of Trump and co-defendants
Fulton County District Attorney Fani Willis told a judge Wednesday that it would create a "logistical quagmire" to separate the 19 co-defendants in the 2020 election case.
The Atlanta Journal-Constitution reported on Willis' latest brief filed to Superior Court Judge Scott McAfee expressing concerns about the impact on the jurors, court staff, and prosecutors if they fractured the case.
“Realistically, holding three or more simultaneous, high-profile trials would create a host of security issues and would create unavoidable burdens on witnesses and victims, who would be forced to testify three or more times on the same set of facts in the same case,” the filing said.
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There is also the matter of the defendants asking to have their case severed from the others. Willis asked the judge to get some assurances from the defendants before granting such severance requests.
Some of the co-defendants have triggered the "speedy trial" rule in Georgia that allows a defendant the option to head to trial quickly. Other defendants have not opted for such a trial. Ken Chesebro and Sidney Powell have thus far, and others could follow.
“The trial of 19 defendants would be feasible within the Fulton County Courthouse, whereas breaking this case up into multiple lengthy trials would create an enormous strain on the judicial resources of the Fulton County Superior Court,” Willis and assistant DAs Donald Wakeford and Alex Bernick said. “The State is capable of trying large and complex cases.”
In a separate filing, the AJC revealed that Donald Trump's attorneys did waive his right to a speedy trial, but only if they get severance from any co-defendant who requests it.
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About a dozen other members of the 19 total defendants have asked to be severed. Willis has argued that a racketeering case depends on the conspiracy of all of the co-defendants together.
Last week the judge denied requests to sever Chesbro and Powell, who have asked for a speedy trial which is now scheduled to take place on Oct. 23. It means the two will be tried together, but separately from those who are not seeking a fast hearing.
Experts have argued there could be an unfair advantage to later defendants to be tried because they would already have heard the prosecution's arguments.
The judge has been skeptical that all 19 defendants could be tried together and have it conducted over just four months.
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