Lawfare No Bull

On Nov. 21, in a hearing in Fulton County, Judge Scott McAfee heard arguments on whether Harrison Floyd, the former leader of a group called Black Voices for Trump, should have his bail revoked for using X, formerly known as Twitter, to indirectly communicate with witnesses. Judge McAfee determined that the most appropriate solution is to amend Floyd’s conditions of release, not remand him to custody.

On Nov. 20, the three-judge panel of the D.C. Circuit Court of Appeals heard oral arguments on the gag order imposed on former President Donald J. Trump by Judge Tanya S. Chutkan in the Jan. 6 case. The three judge panel pressed Trump’s lawyer, D. John Sauer, on whether any limit can be imposed on political speech related to a court proceeding and whether a gag order could be imposed on Trump to proactively protect the people involved in proceedings. The judges questioned Justice Department attorney Cecil Vandevender on the breadth of the gag order. 

On Nov. 15, Judge Scott McAfee heard arguments from defendants in the Fulton County election interference case on the State’s emergency motion for a protective order and defendant David Shafer’s response in opposition and proposed protective order. The State had proposed a blanket protective order for all discovery, while Shafer proposed a protective order that would only apply to discovery deemed sensitive. The State agreed to Shafer’s proposed order, as did most other co-defendants. The media intervenors in the case lodged a vigorous objection.

On Nov. 3, in a hearing in Fulton County, Judge Scott McAfee heard arguments on motions from the Georgia Secretary of State, the Fulton County Superior Court Clerk, and the Fulton County Board of Registration and Elections to quash defendant Harrison Floyd’s subpoenas for access to elections data from the 2020 election. During the hearing, Floyd’s counsel withdrew its subpoena of the Board of Elections and Judge McAfee asked the Secretary of State and Superior Court Clerk for more details on the burden these subpoenas would create and how to protect potential personal identifying information.

On Oct. 31, NCTC Director Christine Abizaid, Homeland Security Secretary Alejandro Mayorkas, and FBI Director Christopher Wray testified before the Senate Committee on Homeland Security and Governmental Affairs in a hearing entitled “Threats to the Homeland.” The committee questioned the witnesses about terrorism threats facing the country, issues related to the southern border, antisemitic and faith-related violence and threats, and more.

On Oct. 24, Jenna Ellis, a former Trump lawyer, pleaded guilty to one felony count in the Fulton County election interference case. Ellis will serve five years of probation and agreed to testify against other defendants in the case. Ellis’s plea comes days after co-defendants Kenneth Chesebro and Sidney Powell pleaded guilty.  

On Oct. 20, Kenneth Chesebro, a former Trump lawyer and alleged architect of the “fake electors scheme,” pleaded guilty to one felony count in the Fulton County election interference case. Chesebro will serve five years of probation and agreed to testify against other defendants in the Fulton County case. Chesebro’s plea comes one day after co-defendant Sidney Powell pleaded guilty. 

On Oct. 19, Sidney Powell, a former Trump lawyer and one of 19 defendants in the Fulton County election interference case, pleaded guilty to six misdemeanor charges, including conspiracy to commit intentional interference of election duties. Powell will serve six years of probation and agreed to testify against the remaining defendants in the Fulton County case.

On Oct. 16, in a hearing in Fulton County court, Kenneth Chesebro and Sidney Powell’s attorneys haggled with prosecutors over questions in the jury selection questionnaire that will be handed out to potential jurors on Friday Oct. 20. Judge Scott McAfee focused on eliminating repetitive questions.