Georgia criminal defense and appellate attorney Andrew Fleischman joins the show to discuss the case against Donald Trump in Fulton County, Georgia. They explore the peculiarities of Georgia law and its impact on the prosecution, analyze removal petitions and the possibility of probation in the cheeseburger case, and discuss plea deals and the judge's discretion. They also analyze the implications of Fani Willis' denied motion and highlight the tension between liberal ideals and practical realities.
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Quick takeaways
Defense attorneys are utilizing speedy trial motions in the Trump indictment case to gain advantages such as severance and possible dismissal.
There is ongoing debate regarding the possibility of removing the Trump indictment case to federal court, with concerns about practicality and complications.
Defendants in the Trump indictment case can opt for a non-negotiated plea, with the court having discretion over the sentence.
A recent motion filed by the prosecution sought to clarify discovery requirements for defendants who filed speedy trial motions.
Deep dives
The Strategy of Filing Speedy Trial Motions
Defense attorneys are utilizing the tactic of filing speedy trial motions in the Trump indictment case to gain advantages such as severance and the possibility of dismissal. By invoking their right to a speedy trial, defendants are pressuring the prosecution to bring the case to trial within a specific timeframe. If not, the defendants could potentially have their charges dismissed. This strategy is being used by Ken Cheesebro and Sidney Powell, with Cheesebro potentially pleading guilty and receiving first offender probation. However, this tactic is not favored by prosecutors and judges, who often respond with resistance and potential retaliation.
The Potential for Removal to Federal Court
There is ongoing debate regarding the possibility of removing the Trump indictment case to federal court. While some defendants have filed for removal, it is uncertain whether a federal judge would grant it. The criteria for removal are not explicitly stated in the law, leading to a case-by-case assessment by the court. Additionally, there are concerns about the practicality and potential complications of shifting the case to federal court. The final decision lies with the judge presiding over the case, although their ruling can be appealed.
The Implications of a Non-Negotiated Plea
A non-negotiated plea is a possibility for defendants in the Trump indictment case in Georgia. With this type of plea, defendants can plead guilty to all charges without any agreement made with the prosecution. The court then has the discretion to determine the sentence, including the possibility of probation. However, the judge may also impose a significant sentence if they deem it warranted. Prosecutors and judges generally dislike non-negotiated pleas, and defendants who choose this option may face challenges and potential consequences as a result.
The Motion to Clarify Discovery Requirements
A recent motion filed by the prosecution in the Trump indictment case sought to clarify the discovery requirements for the defendants who had filed speedy trial motions. The prosecution argued that certain discovery obligations would be altered or excluded due to the speedy trial motions. However, the judge rejected this interpretation and maintained the original discovery schedule. The defendants could potentially use this discrepancy as evidence of the prosecution's intention to withhold discovery.
Insights on the Trump Indictment from a Former Public Defender
Drawing from their experience as a former public defender, the speaker offers insights on various aspects of the Trump indictment case. They discuss the strategy behind filing speedy trial motions and the potential benefits for defendants. Additionally, they provide information on the process and implications of a non-negotiated plea in Georgia. The speaker also sheds light on the motion to clarify discovery requirements and its significance in the case. Their analysis emphasizes the complexity and unique dynamics of the Trump indictment case.
Insufficient compliance with discovery deadlines
The podcast discusses cases where the District Attorney's office failed to comply with discovery deadlines and the potential consequences of such failures. These cases have raised concerns about the seriousness with which the DA's office treats discovery, which could have implications for future criminal trials.
Questionable effectiveness of the District Attorney
The podcast explores the criticism and doubts surrounding the performance of District Attorney Fannie Willis. It highlights concerns regarding her decision-making, use of resources, and the potential impact on the criminal justice system. The discussion calls for an assessment of her ability to effectively handle high-profile cases and prioritize the efficient administration of justice.
Today's show welcomes Georgia criminal defense and appellate attorney Andrew Fleischman to the show to help answer Liz and Andrew's questions about the case against Donald Trump and his criminal enterprise in Fulton County, Georgia.
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