ATLANTA — The judge overseeing the Georgia case that accuses former President Donald Trump and others of illegally trying to overturn the 2020 election in the state on Wednesday denied requests by two of the 19 defendants to be tried alone, instead saying the pair would be tried together starting next month.
Since lawyers Kenneth Chesebro and Sidney Powell have both filed speedy trial demands, Fulton County Superior Court Judge Scott McAfee said their trial would begin Oct. 23, but he seemed skeptical of prosecutors’ arguments that all 19 defendants could be tried together that soon.
“It just seems a bit unrealistic to think we can handle all 19 in 40 days. That’s my initial reaction,” he said.
The hearing provided insight into how the case could play out, with prosecutors estimating a trial would take four months and that they’d call more than 150 witnesses.
It was also broadcast live on television and on the judge’s YouTube channel, a marked difference from the other three criminal cases against Trump, where cameras have not been allowed in the courtroom during proceedings.
Special prosecutor Nathan Wade, who provided the four-month estimate, said that didn’t include jury selection and added that whether or not defendants choose to testify could affect timing. But he said he expects a trial to take that long regardless of how many defendants it includes, arguing that the indictment was brought under Georgia’s anti-racketeering law and prosecutors would seek to prove the entire alleged conspiracy against each defendant.
In announcing the wide-ranging 41-count indictment last month, Fulton County District Attorney Fani Willis said she wants to try all 19 defendants together. But the legal maneuvering that has begun in the three weeks since the indictment was returned underscores the logistical complexity inherent in such a sprawling indictment with so many defendants.
Already some of those charged are seeking to speed up the process, some are trying to separate themselves from the others accused in the alleged conspiracy and some are trying to move the case from a state court to federal court. All have pleaded not guilty.
The judge said Chesebro and Powell would be tried together starting on the Oct. 23 trial date already set for Chesebro to comply with their demands for a speedy trial. He gave prosecutors until Tuesday to submit a brief on whether it should be a trial of two defendants or 19.
Lawyers for Chesebro and Powell argued separately that their clients don’t know each other and are not accused in the indictment of having participated in the same acts. They said it would be like conducting two distinct trials at the same time and that the evidence against one of them could taint the other.