Former President Donald Trump asked a judge on Thursday to separate his racketeering case from that of his co-defendants who have opted for an October trial, saying a trial happening that quickly would violate his right to due process.
Trump’s motion, filed by his attorney Steven Sadow in Fulton County Superior Court, came in response to co-defendants Sidney Powell and Kenneth Chesebro asking for a speedy trial, which Judge Scott McAfee set for Oct. 23.
TRUMP’S GOP SUPPORT HAS ONLY CLIMBED SINCE THE INDICTMENTS BEGAN
Fulton County District Attorney Fani Willis had responded to the newly set speedy trial date by taking the position that severance for any co-defendant, including Trump, “is improper at this juncture and that all defendants should be tried together.”
Sadow countered that an October trial would not allow enough time for Trump’s legal team to prepare.
“Respectfully, requiring less than two months preparation time to defend a 98-page indictment, charging 19 defendants, with 41 various charges … would violate President Trump’s federal and state constitutional rights to a fair trial and due process of law,” the filing said.
Sadow also noted he had a scheduling conflict because he was set to appear in a trial in Florida that could span three weeks beginning at the end of September.
The request from Trump comes the same day he waived his arraignment appearance and pleaded not guilty to 13 felony charges he is facing over his alleged illegal attempts to overturn the 2020 election in Georgia.
Eighteen others were charged in the case, and in addition to speedy trial demands, some are aiming to move their cases to federal court.
Trump’s former chief of staff Mark Meadows is one co-defendant aggressively pursuing this path. Meadows testified for hours at a hearing in federal court in Atlanta on Monday as he argued he had grounds for removal.
The judge in that case has not made a ruling yet but has indicated that he plans to soon. The decision carries heavy implications as it would signal to Trump and potentially others what their prospects are for moving their cases out of state court.
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If Meadows or others were to successfully achieve removal, they could see a wider and more conservative jury selection pool and have their cases tried before a federal judge.
A federal trial would also likely not be televised, per courtroom rules. McAfee confirmed Thursday that a trial in state court would be televised and livestreamed on YouTube.
