Trump’s Trials and Tribulations: A Surprise Plea in Fulton County
Oct 21, 2023
auto_awesome
Sidney Powell, the Kraken lawyer, pleads guilty in a plea deal in Fulton County Superior Court. The hosts discuss the implications of the plea deal for Ken Chesebro and his upcoming trial. They also talk about recent pleadings in Fulton County and their potential impact on federal cases, including the federal case against Trump. The podcast covers topics such as government restrictions on inflammatory speech, energy resilience, and presidential immunity. They delve into discussions about restrictions on photos and broadcasting from the court, the persistence of conspiracy theories, and the historical significance of certain documents. Additionally, the speakers compare Trump to historical and fictional leaders, explore a surprise plea agreement in the Fulton County prosecution, and discuss the implications of state plea agreements for federal cooperation.
The Trump team's primary defense strategy is to delay proceedings rather than contest charges on their merits, and Sidney Powell's guilty plea is not expected to affect this strategy.
NBC and a press coalition have submitted applications to televise the DC Trump trial, arguing that the ban on broadcast or photography in the courtroom may be unconstitutional, but the court's ruling on these applications remains uncertain.
The guilty plea of Sidney Powell and potential subsequent pleas are not expected to impact the overall defense strategy of the Trump team. Their primary strategy is to delay proceedings rather than contest the charges on their merits. Furthermore, given Sidney Powell's credibility issues, her role in the future trial is uncertain. While she may provide factual information beneficial to investigators, her testimony might not hold much weight in court due to her controversial statements and behavior.
NBC's motion to televise the DC trial
NBC and a press coalition have submitted separate applications to televise the DC Trump trial. These applications argue that the federal rule of criminal procedure, which prohibits broadcast or photography in the courtroom, may be unconstitutional. However, these arguments are considered long shots, as the rule has been in place for some time. The Department of Justice is expected to oppose the applications, as they generally defend the constitutionality of federal statutes and rules. It remains uncertain how the court will rule on these applications.
Ken Chesbro pleads guilty in Fulton County Georgia prosecution
Ken Chesbro, a lawyer involved in the Trump campaign in 2020 and various efforts to subvert the election results, has pleaded guilty in the Fulton County Georgia prosecution. Chesbro pleaded guilty to conspiracy to commit filing false documents, related to the submission of a false slate of electors who voted for Donald Trump instead of Joe Biden in several swing states. As part of the plea deal, Chesbro will receive approximately five years of probation and will be required to pay restitution and complete community service. This plea deal follows the previous plea agreement of his co-defendant, Sidney Powell.
Implications of the plea deal and potential cooperation
The plea deal and cooperation of Ken Chesbro and Sidney Powell hold significant implications for the ongoing litigation. Although the plea deal does not require cooperation in federal cases explicitly, it suggests a potential cooperation in the broader framework of the cases. Both Chesbro and Powell have been identified as unindicted co-conspirators in the federal case against former President Trump. Their testimonies and potential provision of evidence related to efforts to overturn the election and false claims of fraud could be valuable in the federal trial. While there is no formal agreement with federal prosecutors yet, the plea agreements in the Georgia case indicate a possible path towards future cooperation.
It's another episode of “Trump’s Trials and Tribulations,” our weekly YouTube livestream conducted on Zoom for Lawfare Material Supporters. It was a breaking news day on Thursday: Sidney Powell, the Kraken lawyer, pled guilty in a plea deal in Fulton County Superior Court, one day before she and Ken Chesebro were going to trial.
To unpack it all, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Roger Parloff and Quinta Jurecic, Lawfare Legal Fellow Anna Bower, and Lawfare Associate Editor Hyemin Han. They talked about the plea, about what it means for Ken Chesebro and the trial for which jury selection was set to start on Friday, about what happened this week in Tanya Chutkan's courtroom where a gag order was imposed on Donald Trump, and about the defense motion to dismiss on presidential immunity grounds in that courtroom and an article about it by Quinta Jurecic.
On Oct. 20. Lawfare Senior Editor Scott Anderson sat down with Lawfare Legal Fellow and Courts Correspondent for a special edition of "Trump's Trials and Tribulations" to talk about Kenneth Chesebro's surprise guilty plea. This discussion is added to the end of the Thursday conversation
This is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.