Donald Trump’s legal team is celebrating a tremendous court victory in its Trump RICO case and Fulton County DA Fani Willis must be throwing things against the wall. That’s because Judge Scott McAfee ruled to sever the cases of Trump Rico. Defendants Kenneth Chesebro and Sidney Powell, meaning they can’t be tried with Trump.
ABC NEWS reported: “In the Georgia election interference case against former President Trump and 18 others, the judge has severed the cases of two of those defendants who will now be tried separately from the former president and the rest of the group. Prosecutors say they’ll also hand over the names of 30 unindicted co-conspirators to defense counsel… This is not a good day for the Fulton County DA.
I mean, Fani Willis wasn’t there, but you got to imagine, Diane, she’s throwing things against the wall based on this hearing. So let’s start where you just began. So first, the team for the federal, the prosecutors down there had been arguing. Keep everybody together, keep all 19 because really what we learned today, we’re going to have a show this fall, and then we’re going to have a repeat performance next spring, which makes it incredibly difficult for prosecutors, a great win for Donald Trump and others that did not want to be part of this speedy trial case. I can tell you, sitting here with you, just texting with some of the attorneys involved in the other defendants celebrating ‘Yay, victory’. This is everything they wanted was to take more time and slow this down.”
This will significantly slow down Fannie Willis’ case and Trump won’t be facing trial in this case in October as originally planned. Now it is more likely to be December. The judge’s decision came after the defense team laid out damning information that the Fulton County prosecutors were likely hiding exculpatory evidence in the case. Defense attorney Brian Rafferty, thus accuses Fulton County’s lawyers of withholding documentation that the Coffee County voting machine data search was indeed authorized.
RAFFERTY: “I’ve been in this case probably for a month and on August 30th, shortly after I got into this case, I sent a very detailed Brady request to the government. Those Brady obligations, as Your Honor knows, are independent of their discovery obligations as it relates to this hard drive. They have a due process obligation to turn over to me favorable information, and I didn’t send them some blanket requests saying, give me everything under the sun. It was a very, very pointed request on August 30th that addressed two critical issues for Ms. Powell. That is number one, that she wasn’t behind this incident in Coffee County, which forms the basis of her inclusion in this indictment. And number two, that whatever happened in Coffee County, there’s ample evidence out there that it was authorized. Okay, so I’ve asked for that very specific evidence in response to my letter on August 30th.
I heard nothing from the state, and so this week I sent an even more tailored request, a copy of which I can provide to your Honor, asking for specific information because I’ve spent the past month or so trying to figure out what happened and have gathered ample evidence showing those two things that Ms. Powell was not behind all of this and that it was authorized. I filed a motion last night that sets out all the evidence that I’ve been able to find on my own, which I hope the state has. Okay? But the most important thing that I’ve found, your Honor, is a report by CNN, which I’ve been able to confirm that there is a letter, letter of invitation from Coffee County on January 1st, 2021 that was sent, and it was sent not to Ms. Powell, it was sent to another lawyer inviting folks to come down to Coffee County and do whatever it is that they do.
What does that establish, your Honor, two things. One, what I’ve been saying since last week in my severance motion, what I said in my motion last night, what I’ll keep banging the drum on, which is this was not Ms. Powell, that’s number one, but number two, that this was authorized. It was authorized, and I have asked for that. I have not asked for eight terabytes versus discovery. This is a handful of documents. We’ve got eight lawyers sitting on this side. I’m pretty sure they know how to attach a document to an email. But in response to that email that I sent this week, like my letter I sent last in August 30th, I heard squat from the state. So they sit here and say, your Honor, that they are open and they’re going to turn stuff over. I have been as clear as day about specifically what I’m entitled to under the Constitution due process, Brady v Maryland, independent of any discovery obligations they have, that is exculpatory information that establishes that Ms. Powell should not be in this case.
They have it, your Honor. I have a reason to believe they have it and they don’t even respond. I have a motion. I’m going to file it. I’m going to ask for this relief, but I shouldn’t have to file it. If this were in federal court, rule five, your Honor would issue an order upon arraignment ordering them to turn that material over because they have to. They don’t have a choice and they haven’t done it. Here, I’m concerned. I practice mostly in federal court with federal prosecutors who know that I have concerns that Mr. Wade and the other folks on this side don’t appreciate their Brady obligation. So I’m asking the court to order them to produce Brady material immediately because they’re required to.”
This could prove to be a fatal blow to Fani Willis’ case. It is one of the three legs of the coffee table that is holding up her already thin Trump Rico case. If the Coffee County data search was authorized, there goes one criminal activity that Willis could cite to hold together her case.
Willis also has exculpatory evidence in her possession that the so-called fake elector’s case is bogus because the defendant’s David Shafer and Sean Still and Cathy Latham are all in the clear. That’s because the record clearly shows they were not attempting to become official electors, but merely submitting statements as potential Trump electors on a slate of alternate electors.
Thus, Willis may be guilty of making a false statement to the court herself by knowingly misrepresenting the elector’s claims.
Remember, Brad Raffensperger’s testimony does not support Willis’s claim that Trump had suggested anything illegal when he asked him to find votes. Instead, he wanted Raffensperger to remove allegedly illegal votes that weren’t contention in Fulton County.
Therefore, everything that Donald Trump wanted to do in Georgia during the 2020 election was perfectly legal, and Fani Willis knows it.
This case should be immediately dismissed.
This is a commentary piece from Kyle Becker, the host of the “Relentless Podcast with Kyle Becker.”