Sidney Powell's legal team is going after the Fulton County District Attorney's office, complaining in court Thursday that it's withholding evidence and claiming it's another reason why the case against Donald Trump's co-defendant should be dismissed.
"There is a lot of evidence in this case," explained Deputy District Attorney Will Wooten Thursday. "I mean, we have eight terabytes of discovery. We've turned over everything we do have. And the fact that there's a lot of evidence doesn't mean that we're hiding exculpatory materials in there.
"That's absolutely not the case. ... The defendant's pleadings and arguments are based on falsehoods. And the state takes these allegations against us very, very seriously. The allegations that we're withholding evidence, suppressing evidence and committing prosecutorial misconduct are outrageous. They're not true."
He went on to say: "Frankly, it's a lie."
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Wooten alleges that Powell is merely complaining that, "We don't like the fact that we got indicted. We disagree with the state's theory of the case and, therefore, there must be prosecutorial misconduct."
He alleged that Powell's latest filing is doing nothing more than making a claim without providing any evidence for what's called Brady materials.
A "Brady hearing" is held when a prosecutor is accused of hiding evidence and refusing to turn it over. It doesn't have to be evidence that would prove innocence, but that could present a reasonable doubt. Powell's team asked for notes from the DA's office made about the case, which is typically not something that would be turned over under Georgia law.
Wooten goes on to accuse Powell's lawyers of making false representation to the court and filing a frivolous claim.
One of the things that could ultimately get Powell's lawyers sanctioned is that they alleged there was Brady material being withheld by the DA's office and that they didn't have it. Later they included that same material in another court filing, showing that, in fact they did have it.
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"The day that that motion was filed, another motion was filed, and the same day, it attached the purported letter as an exhibit. So the defendant had it in her possession and is saying she doesn't have it. That it's Brady material that the state needs to turn over. That's a serious problem," Wooten continued.
Powell's lawyer complained that the DA's office responded within a few hours that they didn't have whatever the Powell team was requesting. One document is a Georgia Bureau of Investigation report, but the DA's office said that they aren't coordinating with the GBI and they don't have access to it.
Among the information it appears Powell is seeking is the transcript from another Trump co-defendant in the case involving attempts to overturn the 2020 election results in Georgia, Scott Hall, who recently made a plea agreement with the court.
They want any of the transcripts where Powell's name is brought up. The office explained that the interview is being transcribed and that they'll hand it over immediately upon its availability.
The judge ultimately denied Powell's motion to dismiss the case. He explained that the jury's role is to "adjudicate contested facts contrary to the aim of the speaking demurrer and that the allegations of prosecutorial misconduct are insufficient to warrant action," Georgia law professor, Anthony Michael Kreis tweeted.
“I don’t see that as clearing the procedural bar for something that’s under the court’s authority,” he said, explaining it’s a trial jury’s role to decide.
