The district attorney’s office in Fulton County, Georgia, has taken action to protect discovery materials in the election subversion case involving former President Donald Trump. An emergency motion for a protective order was filed after the leak of video deposition excerpts from witnesses Sidney Powell, Jenna Ellis, and Kenneth Chesebro. These videos, which contained discussions between Trump’s co-defendants and prosecutors, were leaked to various news outlets earlier in the week. As part of their plea deals, Powell, Ellis, Chesebro, and bail bondsman Scott Hall were required to give on-camera statements to prosecutors, agreeing to plead guilty to reduced charges in exchange for cooperation.
District Attorney Fani Willis, who brought the racketeering case, has renewed a motion for a protective order of discovery materials due to the clear intention of the leaked videos to intimidate witnesses and expose them to harassment and threats before the trial. The prosecutors’ motion included an email exchange with one of Trump’s co-defendants, Todd Harding, admitting that his team leaked the videos, although it was later claimed to be a typo.
However, the protection of witness statements may not be crucial in this case, as the witnesses have already agreed to testify publicly in exchange for lenient treatment. Atlanta defense attorney Andrew Fleischman noted that although there may be individuals who would threaten these witnesses due to the videos, the defense could argue that the defense procured their unavailability through wrongdoing if they become unavailable and use that as an exception to introduce their out-of-court testimony without cross-examination.
There is a risk that the witnesses may not show up for trial, but Willis has preemptively stated that if that happens, it would be the defense’s fault. Fleischman views this as a smart move to address any potential Confrontation Clause objections if the prosecution attempts to bring in their out-of-court statements.
During her proffer, Ellis informed prosecutors that Trump’s former deputy White House chief of staff, Dan Scavino, dismissed her concerns about Trump’s options to contest Joe Biden’s victory, stating that “the boss” would not leave the White House under any circumstances. Powell, Chesebro, and Hall also disclosed additional information, including Chesebro providing Trump with advice on the creation of alternate slates of electors, which were part of a scheme to submit fraudulent ballots for Trump despite Biden’s victories in those states. These statements could potentially serve as evidence of Trump’s awareness of the plot.
In conclusion, the district attorney’s office has taken steps to protect discovery materials in the Georgia election subversion case involving former President Donald Trump after the leak of video deposition excerpts, which included discussions between Trump’s co-defendants and prosecutors. Witnesses have agreed to testify publicly in exchange for lenient treatment, but there is a risk that they may not show up for trial. However, the district attorney is positioning any potential blame on the defense, and these actions may help address any objections to introducing out-of-court statements.
