Jenna Ellis, guest in the episode, discusses the plea deal and apology in the Fulton County election interference case. They analyze the cooperation agreement and sentencing. They delve into the significance of the case, potential future defendants, and the possibility of a trial. They also explore the differences in sentencing procedures and obligations. Lastly, they discuss Jenna Ellis' involvement in the election efforts and her credibility.
Jenna Ellis pleaded guilty in the Fulton County Election Interference case, cooperating with the prosecution and expressing remorse for her actions.
Fannie Willis's charging strategy in the case has resulted in successful guilty pleas, indicating a favorable outcome for the prosecution.
Deep dives
Plea Deal and Apology in Fulton County Election Interference Case
Jenna Ellis pleaded out in the Fulton County Election Interference case, expressing remorse and apologizing to the people of Georgia. Ellis was charged with aiding and abetting false statements and writings related to the false claims made during the Georgia Senate hearings in December 2020. As part of the plea deal, she agreed to cooperate fully with the prosecution and pay $5,000 in restitution. The recommended sentence of five years of probation and her first offender act status were accepted by Judge Scott McAfee.
Evaluation of Fannie Willis's Charging Strategy
Fannie Willis's charging strategy, which indicted 19 defendants in the Fulton County election interference case, seems to be yielding successful results. With four guilty pleas so far, including Jenna Ellis, Sidney Powell, Scott Hall, and Kenneth Chesbro, the strategy is vindicated. By securing plea deals, Willis has avoided potential risks associated with trials. While it's still early to evaluate the overall success, these initial pleas indicate a favorable outcome for the prosecution.
Remaining Defendants and Potential Pleas
Among the remaining defendants, there are smaller groups that may be more likely to seek plea deals. Some of these groups include the local campaign operatives and lawyers involved in the post-election efforts in Georgia, such as Ray Smith and Bob Cheley. Additionally, defendants connected to the intimidation campaign against Georgia election workers, including Trevion Cudi, Stephen Lee, and Harrison Floyd, may also be candidates for plea agreements. However, it's uncertain if defendants with strong ideological or political beliefs, like Jeffrey Clark, David Shafer, and Sean Still, will be inclined to accept plea deals.
Likelihood of Going to Trial
While a significant number of defendants may consider plea deals, there are others who are less likely to do so. Those heavily linked to the Trump administration, such as Trump himself, Rudy Giuliani, John Eastman, and Mark Meadows, are unlikely to seek plea agreements. The trial is expected for these prominent figures. As for the broader group, it remains uncertain whether they will opt for plea deals or go to trial, with factors such as legal strategy, risks, and beliefs influencing their decisions.
Another morning, another surprise plea deal in Fulton County Superior Court. It was Jenna Ellis this time, in front of Judge Scott McAfee, pleading out of the Fulton County election interference case. There was a tearful colloquy and a letter of apology to the people of Georgia. There is a cooperation agreement of some kind, and there is yet another sentence of probation.
Lawfare Editor-in-Chief Benjamin Wittes sat down to talk about it all with Lawfare Legal Fellow Anna Bower. They talked about how big a deal Jenna Ellis could be for Fani Willis, about how the DA's record is stacking up, about who might be next, and about who's going to hold out and force this whole thing to trial.