Wednesday marked the first, live-streamed hearing in Fulton County’s racketeering case against former President Donald Trump and 18 other defendants who aided his 2020 election contest, and prosecutors revealed that Fulton County District Attorney Fani Willis intends to call 150 witnesses over a four-month trial slated to begin on October 23.
Fulton County Superior Court Judge Scott McAfee originally planned for the hearing to include arraignments, but all 19 defendants waived their right to arraignment and entered not guilty pleas before the court appearance. Instead, Judge McAfee heard attorneys for Sidney Powell and Kenneth Chesebro invoke their clients’ rights to a speedy trial, specifically requesting to be severed from each other and the other defendants in the case.
After the court heard from defense counsel, special prosecutor Nathan Wade told Judge McAfee that trying all 19 defendants together will take four months and include testimony from at least 150 witnesses. Wade also claimed that trying the defendants separately would require the same amount of time, evidence, and witness testimony for each trial.
“We contend that we must prove the entire conspiracy against each and every one charged,” said Wade, claiming that the court must decide whether “to try the same case 19 times or two,” referring to the potential for the case against Chesebro and Powell to be separated from the greater indictment brought under the Georgia Racketeer Influenced and Corrupt Organizations (RICO) Act.
McAfee ultimately denied motions from Chesebro and Powell to sever their cases from each other. Attorneys will prepare arguments and appear back in court on Tuesday to determine if the case against Chesebro and Powell will be separated from the larger RICO case against Trump and the other defendants, but McAfee expressed skepticism, suggesting he will ultimately side with Fulton County.
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Prosecutors repeatedly stressed their belief that all defendants, including Chesebro and Powell, will require testimony from 150 witnesses and a four month trial. McAfee considered it unlikely that multiple, similar trials would all be carried out in a four month span, apparently influencing his decision.
McAfee was appointed to his position by Governor Brian Kemp (R) in December 2022, following the retirement of Chief Judge Christopher Brasher, and is running to hold the position in 2024. Kemp previously appointed him to the Office of Inspector General in March of 2021.
The New York Times reported that McAfee previously worked under Willis while employed at the Fulton County District Attorney’s Office, which the outlet notes “might provide an opening for critics of the investigation,” but added that he “was the vice president of the Federalist Society” while studying law at the University of Georgia, to underscore his conservative credentials.
When setting the conditions of Trump’s $200,000 bond, McAfee demanded Trump refrain from making direct or indirect threats to co-defendants, witnesses, unindicted co-conspirators, or alleged victims, with the judge specifically including “posts on social media or reposts of posts made by another individual on social media” in his list of restrictions.
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Tom Pappert is the lead reporter for The Georgia Star News and a reporter for the Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Photo “Fani Willis” by Fani Willis.
