Trump's accused co-conspirators need to act fast if they want a plea deal: legal expert

The Georgia indictment with 19 defendants opens the door for many plea deals, but Georgetown Law Professor Eric Hashimoto says there's just a short turnaround if they intend to do it.

Writing for Just Security, Hashimoto explained that there are mere weeks for Donald Trump's accused co-conspirators to act as there are many reasons why defendants could push to go to trial quickly – and deals would be most useful to prosecutors before that happens.

"In Georgia, any defendant who requests a speedy trial, either in the term that they are indicted or in the next term, is entitled to have a trial within the term the request is made or in the following term," she said. "The Superior Court term for Fulton County begins every two months, beginning in the first week of January.

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"Because this indictment was returned in August, if any of Trump’s codefendants file a speedy trial request before November 1, 2023, the trial would need to start before January 1, 2024, at the latest. If any of Trump’s co-defendants sought a speedy trial —particularly more minor alleged participants — that could give them strong grounds for a severance motion."

That motion could mean their trial would be cut off from the grouping of the 19 defendants.

But, if one of the Coffee County defendants wants to be severed so they can have a speedy trial, it could be "consequential" and "riskier" for the state, said Hashimoto.

"It could be forced to try the least-culpable members of the conspiracy in the initial trial. If one (or more) of those defendants were acquitted — or granted mistrials as a result of a hung jury — in a nationally-televised trial, it might force the State to rethink at least some of the charges against other defendants," the piece explained.

"In addition, Trump and the defendants set for later trials would have the benefit of seeing perhaps all of the government’s evidence and its trial strategy. They would have the benefit of all of the cross-examination from the first trial and would have months to examine that testimony for any inconsistencies and other weaknesses."

There's also the matter of Georgia law requiring that the co-conspirators be tried in the order the defendants are listed, which makes people like Donald Trump and Rudy Giuliani among the top. It means that the Coffee County Republicans are going to be the last to be considered for everything.

The racketeering charges link all of the defendants together, but for those whose role in the conspiracy was more limited, it could also give them an option for their own individual trials. For individuals that don't want their trial broadcast on television for the world to see, separation might be the best option.

There's also the matter of choosing a jury. As a group, they get 12 strikes, but as an individual, they could have 12 strikes that aren't spread out among the 19.

Hashimoto closed by explaining, "For some of the defendants, the window between now and turning themselves in before Aug. 25 may be among the best times to strike a plea deal on more favorable terms."

Aug. 25 is when District Attorney Fani Willis said the defendants must submit for arrest.

Read the full report at Just Security.