Georgia DA proposes arraignment, March trial date in Trump case

Published 4:30 pm Monday, August 21, 2023

ATLANTA — Fulton County District Attorney Fani Willis has asked a judge to set a March trial date for the election interference case involving Donald Trump and 18 co-defendants.

In the motion filed just two days after a Fulton County grand jury brought a slew of charges — including racketeering violations — against Trump and his alleged co-conspirators, Willis also proposed a Sept. 5 arraignment date.

The arraignment date is proposed for 11 days after the deadline Willis announced for the all defendants in the case to surrender at the Fulton County Jail.

Willis requested requested that the trial begin March 4, with a final pretrial conference proposed for Feb. 20.

“In light of Defendant Donald John Trump’s other criminal and civil matters pending in the courts of our sister sovereigns,” the motion states, “the State of Georgia proposes certain deadlines that do not conflict with these other courts’ already-scheduled hearings and trial dates.”

The proposed Georgia trial start date is within weeks of Trump’s March 25 trial in New York Supreme Court where he is accused falsifying business records for hush money payments to a pornography actress.

Trump is expected in a Florida federal court in May on charges that include failing to turn over classified documents he obtained as president. U.S. Department of Justice Jack Smith has proposed a January 2024 federal trial date in the case that claims that Trump attempted to subvert the 2020 presidential election in several states including Georgia.

Jeffrey Clark, one of the 19 defendants filed an objection to the proposal Aug. 17, stating the schedule was premature since none of the defendants were consulted or yet taken into custody. Clark is charged with racketeering and criminal attempt to commit false statements and writings during his role as a justice department attorney during Trump’s presidency.

The order adds that six-month rest to trial would allow the defendants’ time to prepare for trial and also “protect the State of Georgia’s and the public’s interest in a prompt resolution of the charges for which the Defendants have been indicted.”

The proposed scheduling order suggests that motions and notices — including motions to suppress and notices of evidence of other crimes, wrongs, or acts — be filed on or before Oct. 31, 2023.

Hearings on such motions would begin Dec. 11.

“Generalized and omnibus motions will not be considered by the Court. All motions shall specify, with particularity, the item, statement, and/or event at issue,” the proposed order states. “…A motion to suppress any and all statements is insufficient: The motion must identify the specific statement the movant is seeking to suppress, as well as the theory of suppression.”

Trump, his former attorney Rudy Giuliani, and his former Chief of Staff Mark Meadows are among 19 defendants indicted for attempting to subvert Georgia’s 2020 election results.

Trump allegedly led unfounded claims of widespread election fraud following his defeat to then Democratic presidential candidate Joe Biden, and allegedly pressured state officials to overturn his loss.

A federal judge on Aug. 17 ordered an evidentiary hearing on Meadows’ request to move the case to federal court, which could allow him — if convicted — to possibly be pardoned by a president. Federal courts are also more restrictive on camera access in the courtroom.

Reports indicate Trump lawyers may make a similar request.

Meadows’ hearing is scheduled for 10 a.m. Aug. 28. at the Richard B. Russell Federal Building and United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, in courtroom 1907.

Meadows faces the two counts — including violation of the Georgia Racketeer Influenced and Corrupt Organizations Act (RICO) and solicitation of violation of oath by a public officer.

He is accused of attempting to pressure Georgia Secretary of State Brad Raffensperger on a Jan. 2, 2021, phone call to find extra votes that would help Trump win reelection.

Among those charged in the Aug. 14 Fulton County indictment are David Shafer, the former Georgia GOP chair; Shawn Still, former Georgia GOP finance committee chair; and Cathleen Latham, former chair of the Coffee County Republican Party.

They are accused of falsely certifying as “fake electors” that Trump won the state.

Others charged in Georgia’s fake electors scheme include Giuliani and attorney John Eastman, who prosecutors say helped plan the fake electors scheme, and attorney Kenneth Chesebro, who allegedly helped and execute the fake electors scheme.