0:00

Previously on breakdown. What

0:04

if I don't file this? What if I don't

0:06

fall at, my client gets convicted and he goes

0:08

to prison for sure. I have to be okay

0:10

with that. I have to live with that. But

0:12

second of all, I have to be on the

0:14

witness stand one day and a hobbyist explaining why

0:16

I had this document that had legal merit and.

0:18

I didn't file. And

0:20

I don't you know I didn't have an explanation for

0:22

that one that I was scared that I was worried.

0:25

About my professional reputation. That I was

0:27

worried about personal attacks mean that's that's not a

0:29

good enough answer. And

0:31

so that's really what. Caused

0:33

me to hit send. We

0:36

promised. And now we're delivering. Were

0:38

answering some of the a burning questions

0:40

about the state of the Fulton County

0:42

election interference case, where we are and

0:45

where we might be going now that

0:47

the removal fight. Well. At

0:49

least phase one of that fight. Is. In

0:51

the rear mirror. Some

0:53

of the left his voice mails with

0:55

questions. thank you for those other submitted

0:58

questions for our A Jc subscriber briefing

1:00

that we help last week, some of

1:02

which will go over today, the briefings

1:04

by the way, or events we started

1:06

holding only for subscribers. There are a

1:08

great less formal way for us to

1:10

connect directly with our readers and we're

1:12

going to try and hold more of

1:14

them in the future. So let's get

1:16

to it right after a break. This

1:18

is Episode Thirty seven you're Burning

1:21

questions of Season Ten of Breakdown

1:23

That Trump Indictment from The Atlanta

1:25

Journal Constitution. This.

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Executives Development to learn more. Welcome.

2:33

Back to break down the podcast

2:35

by the Atlanta Journal Constitution covering

2:37

Georges most important cases. I'm Bill.

2:39

Rank them be a Jaycees Legal

2:42

Affairs Reporter. I'm Agency senior

2:44

reporter tomorrow. Hallerman. And. I'm

2:46

Shannon Mccaffrey Senior Editor of Trump Legal

2:48

Coverage at The Age or Joint once

2:50

again this week by our colleague other

2:53

Trump legal team, David Wicker. David.

2:55

Welcome back! Good to be here. Are

2:57

a cell. Let's start with the status

2:59

of the case at the moment. Where

3:01

are we? with the defendants appeal of

3:03

Judge Mathis decision not to disqualify Willis

3:06

and what should we expect in the

3:08

months and weeks ahead. Well.

3:10

As we said in our last episode,

3:12

Judge Mcafee gave the defense serve right

3:14

to file a pre trial appeal of

3:17

the removal order and we expect that

3:19

to be filed any day. Now I

3:21

think they have until Monday. so today

3:23

is Wednesday. So Thursday, Friday or Monday

3:25

it will be fall. Once has filed

3:28

the court will have. Forty five

3:30

days to decide whether to hear the

3:32

appear We're Not. If it

3:34

declines, I'm expecting that offense to go

3:36

one step higher to the Georgia Supreme

3:38

Court mascot to the tear the issue

3:40

And if it declines. The

3:43

case goes back to death. Mcafee

3:45

if either appellate court takes the

3:47

case. I can be several

3:49

months before we have a decision they

3:51

could x, but I did. It could

3:53

happen sooner rather than later. In his

3:55

order, Mcafee said he's gonna continue working

3:57

on the case regardless of the appeal.

4:00

Even whether it's excepted by the

4:02

appellate court unless he's. Directed.

4:04

To do otherwise. All. Right

4:06

now let's get your questions. At

4:08

a recent briefing we had for

4:10

agency subscribers readers, Surely Mic allows

4:13

access at this case can possibly

4:15

be tried before the November election

4:17

tomorrow. What do you think? Well,

4:20

it's possible, but it's looking like

4:22

less and less of a real

4:24

possibility. That was already a pretty

4:26

optimistic timeline that the Da had

4:28

laid out before this disqualification fight

4:30

they of course one of the

4:32

trial to begin in August of

4:34

Two Thousand Twenty Four. Judge Mcafee

4:36

never ruled on that Self was

4:38

an open question, but really, we've

4:40

lost more than two months to

4:42

this removal sites and as Bill

4:44

mentioned it and is possible, should

4:46

one of these higher courts take

4:48

up the appeal and. That this

4:50

could eat into to timing before

4:52

a trial. And there's also the

4:54

other criminal cases against the former

4:56

President to consider buses that they're

4:59

gonna be competing for courtroom times

5:01

with That the same defendant or

5:03

the New York Hush Money case

5:05

for example is set to begin

5:07

on April sixteenth and were also

5:09

waiting for the Us Supreme Court

5:11

to take up the Presidential immunity

5:13

emotion that Trump filed and David

5:15

will talk a little bit about

5:18

that later, but that will further.

5:20

Push the time for this case.

5:22

The Da's he mentioned that it

5:24

plans to respond in the weeks

5:26

after that to does already putting

5:29

us into the summer and we

5:31

have the campaign season ahead of

5:33

us. We have the to other

5:35

and federal investigations into the former

5:37

president so all of that is

5:39

going to be competing. For.

5:43

A time on the Calendar with

5:45

the A. Willis. It's possible that

5:48

Judge Mcafee could try and sever.

5:50

Some. Of the defendants as keep trump

5:53

for later but maybe try and get

5:55

a few of the defendants to come

5:57

to trial earlier. The Da's office had

5:59

previously. The stood efforts to suffer defendants,

6:01

but perhaps it's possible, especially if it's looking

6:03

like Trump may not be able to be

6:05

tried until much much later that they may

6:07

change their minds and want them to go

6:10

to trial earlier. so we'll just have to

6:12

wait and see. Gave. One

6:14

of the things to more mentioned is this

6:16

presidential immunity case which is pending before the

6:18

Us Supreme Court. Can you go a little

6:21

deeper on this? Tell us more about it

6:23

and how it could make an impact on

6:25

Judge Maxi and the Fulton County case. Sure,

6:28

the Us Supreme Court case

6:30

comes from the several elections

6:32

he's against. Donald Trump is.

6:34

In that case, he argues

6:36

that he is immune from

6:38

prosecution for any of anything

6:41

he did while he was

6:43

in the White House Is

6:45

argument is basically a footnote.

6:47

It's a Separation of Powers

6:49

issue that you know. If

6:51

presidents have to worry about

6:53

being prosecuted long after they've

6:55

left office, they'll always be

6:57

able. Affect their their conduct in

7:00

office. The prosecutors in the Federal

7:02

case argue no that's not true.

7:04

Presidents are not above the loss

7:07

of you can't shoot someone on

7:09

Fifth Avenue and just because you're

7:12

in the White House and and

7:14

and not be prosecuted for it's

7:16

to Federal Courts Have already disagreed

7:19

with Donald Trump's arguments. Now is

7:21

to the Supreme Court's up. President

7:23

Trump has made a similar argument

7:26

in the Georgia Tastes So. Whatever

7:28

the Supreme Court decides will almost

7:30

certainly affect the case here here

7:32

and Fulton County. And also

7:35

Trump's lawyer Steve Say now says that

7:37

Georgia law is different. The. Georgia

7:39

constitution is different, so even if Trump

7:41

he pleases and the Us Supreme Court,

7:43

you'll still be trying as hard as

7:45

he can under the Georgia Constitution. Which.

7:48

Could be even more delays a case

7:50

of build. One of our listeners left

7:52

us a voicemail about our most recent

7:54

episode. Let's listen To it. Tries.

7:57

Being so much my question is related to.

8:00

The interview with Fashion A Merchant which

8:02

was. Fascinating. To listen

8:04

to of I wondered if there was any

8:06

place we didn't hear where she was asked.

8:09

More. About. How

8:11

all of this. Tissue.

8:15

with Funny Willis. and wade

8:17

effect for clients case. In

8:19

particular like. What is the

8:21

tie? and why is it. Related

8:24

to what he has been charged with.

8:27

Thanks. So much! Keep up the great

8:29

work! Or. Guess it's

8:31

safe to say that the most him

8:34

that Ashley Merchant filed on behalf of

8:36

Michael Roman really has nothing to do

8:38

with a conduct this alleged in the

8:40

indictment against her client or the others

8:43

in the indictments. The

8:45

issue is is said you're supposed to

8:47

have a disinterested. Prosecutor.

8:50

Prosecuting your case and they were saying

8:52

that was not the case that Funny

8:54

Willis had a conflict of interest in

8:56

that. See. Should not

8:59

be involved in the case, I

9:01

guess directly. It. Had no

9:03

bearing on what the charges were,

9:05

but. As. Far as the

9:07

overall prosecution of the case they were

9:09

saying. We. Need a new prosecutor,

9:12

one who was not disinterested. and

9:14

as we know, Judge Mcafee found

9:16

there was no actual conflict of

9:18

interest and he. Got the

9:20

problem cured when ah, Special Prosecutor

9:22

Nathan Wade withdrew and thanks for

9:25

the kind words. Okay

9:27

tomorrow and see related questions for

9:29

you Read or Jacqueline Minor asked

9:31

about how difficult it might be

9:33

to find someone to replace Nathan

9:36

Wade. It certainly doesn't seem like

9:38

it's a job many people would

9:40

wants ten the case proceed without

9:42

a special prosecutor and Donna Krakow

9:44

asks do you think well as

9:47

would consider prosecuting the case herself.

9:49

I mean, certainly those are some big questions

9:52

about the future of the case, especially as

9:54

we move into this kind of more acute

9:56

trial say of all of this, and and

9:59

I think Jacqueline. In that it could

10:01

be pretty difficult to find someone to

10:03

replace Nathan Wage and and thinking about

10:05

Roy Barnes testimony during the evidentiary hearing

10:07

where he mentioned i've lived with security

10:09

for four years on our governor, I

10:11

sure as heck did not want to

10:13

have to do it again by being

10:15

special prosecutor in that case. So I

10:17

think seeing the amount of vitriol that

10:19

Nathan way it and Funny Will us

10:21

in particular have gotten over the last

10:23

couple months might create some pause for

10:25

for folks if they're considering as they

10:27

want to join that the team without.

10:30

Said it's obviously a very high profile

10:32

gigs something that's could really define some

10:34

buddies career. Is there ambitious and and

10:36

you know want to be on something

10:38

super high profile? It's also possible the

10:40

D A could look within her staff

10:42

either somebody who's already working on the

10:44

keys and perhaps a more mid level

10:47

role or somebody else on her staff

10:49

who is maybe a little more. Season

10:51

two could join onto the effort. She

10:53

also has had other to help from

10:55

outside people us looks like and across

10:57

John Floyd who have also been special

10:59

prosecutors. On the case so she could look

11:02

outside again if she decides she wants that,

11:04

but it's It's also possible maybe she decides

11:06

the team as good as his, or maybe

11:08

it's. It's. Possible she could take more.

11:10

Of a role in. All. Of this and she eluded

11:12

it a little bit to us out when

11:14

Bill and I sat down with her at

11:16

the end of last year. I in our

11:19

conversation for breakdown where she talks about how

11:21

nobody should be surprised to see her in

11:23

a court room and we know that that

11:25

the Da's is skilled that when it comes

11:27

to being a trial attorney talking to a

11:29

jury so maybe she doesn't want to be

11:31

more involved in all of this. So. Certainly

11:34

something to watch. That. Will

11:36

certainly be something to see her in a

11:38

court room. Are arguing in this case after

11:40

what the last few months has brought us

11:42

a. Safe. Distance for you

11:44

to do. Think that all of this

11:47

is an issue that might has impacted

11:49

the jury pools. To. A

11:51

couple of thoughts first when it

11:53

comes to the specific allegations made

11:56

in the motions to disqualify well

11:58

as the judged and think though

12:00

I'm gonna be speaking For example

12:03

of the speech he gave it's

12:05

a Church back in January Sea

12:08

Salt said said. It. Would

12:10

not likely affect the jury pools

12:12

that she didn't name and his

12:14

descendants that sub. She

12:17

didn't mention a and in of

12:20

merits of the case or to

12:22

stop disclose sensitive evidence. That and

12:24

besides that the trial hasn't even

12:26

been scheduled yet. We're a long

12:28

way from jury selection, so in

12:30

that sense, the judge didn't think

12:32

that these allegations would taint the

12:35

jury pool. That said,

12:37

this isn't over for funny. Will

12:39

us See is up for reelection

12:41

this year. She has a democratic

12:43

opponent and a republican opponents who

12:45

are likely to keep this issue

12:47

in the news for months to

12:49

come. and if a trial does

12:51

come in of this big began

12:53

before the election, it's going to

12:55

be on the news frequently and

12:57

they're also various investigations of the

12:59

state and federal level of will

13:01

Us and and. Part

13:03

of the intent of those is to

13:06

keep these issues in the forefront of

13:08

the public mind are and so in

13:10

that sense you know true that influencer

13:12

potential jurors in their opinions about will

13:14

us. Of influence. The

13:16

way they would vote on jury may be.

13:19

Okay, fill this is one question

13:22

said David Gates. He asks

13:24

is there any proactive measures that

13:26

can be taken to countered

13:28

that defense strategy of indefinite delay.

13:31

While. We just need a trial date.

13:33

I think that's really the only way to

13:35

avoid or delay, but like we said, Judge

13:38

Mcafee, it seems crazy for him to set

13:40

a trial day before the Us Supreme Court

13:42

rules on presidential immunity, so I'm sure he's

13:44

waiting for that We to see. The trial

13:46

date is as simple as that. Some.

13:49

Are one of the more interesting issues at

13:51

the Judge brought up in his or her

13:53

is the prospect of a gag order on

13:55

but not he gets trump or any of

13:57

the descendants but against da will a center

13:59

team. What are we know about the prospect

14:01

of a gag orders here and Fulton County.

14:04

Will. That was certainly one of the

14:06

more interesting passages in Judge Mcafee decision,

14:09

and he says that quote the time

14:11

may well have arrived for an order

14:13

preventing the state for mentioning the case

14:16

in any public forum to prevent prejudicial

14:18

pre trial publicity, but he notes that

14:20

it wasn't an issue that was currently

14:23

before him, and he's basically inviting the

14:25

defense to put forward a motion asking

14:27

for basically to muzzle the D A

14:30

from being able to speak about this

14:32

case, which would certainly beats a pretty

14:34

extraordinary. Saying I'm it's not often

14:36

that prosecutors are gagged, or if you

14:39

do see one, it's often all the

14:41

parties in the case, not just prosecutors

14:43

sides. It would certainly be an extraordinary

14:46

moment, especially given that Donald Trump has

14:48

had gag orders against him in three

14:50

of his other cases, a criminal and

14:53

civil cases in New York in in

14:55

Washington. But they're also may be a

14:57

reason why we haven't seen a motion

15:00

like that from the defense at this

15:02

point. at a certain level of almost.

15:04

Want the Dj to talk and say

15:07

something that she might regret because it's

15:09

something they could try an exploit either

15:11

inside the courtroom or just in the

15:14

public arena, in interviews and on social

15:16

media, so it's possible they certainly don't

15:18

want that. I also think it's possible

15:20

should someone offer a gag order that

15:23

the Da's office would turn around and

15:25

ask for one for all the parties

15:27

in the case. Which may be you

15:29

want to be able to speak out to

15:31

your followers on. Social media or in

15:34

a campaign rally and not being able

15:36

to do. That could hurt their client,

15:38

so it certainly has something to watch

15:40

for moving forward. Day. Before

15:43

we went on this tangent in see the

15:45

funny well as saw a allegations we had

15:47

some issues that were pending in the case.

15:49

Can you give us an update on were

15:52

some of those issues are and and what

15:54

they are what the judge has before him

15:56

and needs to be decided Still. Sure,

15:59

There are. About shooting issues are

16:01

you know? the judge recently

16:03

dismissed six counts from the

16:05

indictment Affecting various defendants. there

16:07

are a bunch of other

16:09

motions to. Dismiss Other

16:12

counts are some, for example, would

16:14

dismiss the main Rico count against

16:16

all the defendants and then others

16:18

are much more narrowly focused. For

16:21

example, lot descendant Kathleen Lights on.

16:24

Has a perjury charge against her

16:26

that she is seeking to be

16:28

dismissed. So their emotions dealing with

16:30

the charges themselves then there are.

16:32

I are some of the descendants

16:34

of have asked that their cases

16:37

be moved other venues there's a

16:39

hearing Thursday or on various motions

16:41

including got some first amendment challenges

16:43

file by Trump's legal team and

16:45

are special demurred striking out the

16:47

indictments, illegal conclusions from Co to

16:49

send a David Schaefer and some

16:51

other issues. and then there's. Other

16:54

things that have been on hold

16:56

for example of Sean still isn't

16:58

the legislature and the case against

17:00

him has been pause during the

17:03

legislative session. The session ends on

17:05

Thursday. So the case

17:07

against whom will be able to proceed.

17:10

And. Then frankly, I mean that we're having a

17:12

hard time remembering everything is tending. They're gonna

17:14

be things coming up in the next. Few

17:17

months that we're not even anticipating. Let's.

17:20

Take a break still to com will answer

17:22

some more of your questions. This.

17:24

Is break down from the Atlanta

17:26

Journal Constitution. Us.

17:43

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17:59

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C dot Com/start for nieces God

18:31

recently. Welcome.

18:36

Back, Let's shift gears just a little

18:38

bit. Talk about politics for the upcoming

18:40

elections. As we've discussed three of the

18:43

main players in this case Trump, Willis

18:45

and Judge Mcafee are on the ballot

18:47

this year. Bill we have a listener

18:49

question with that in mind. Pay.

18:52

This is rain from Dover.

18:55

Do understand the judge mattresses

18:57

up for reelection in has

18:59

a challenger for this May

19:01

election season. With

19:03

politics seeming to insert all theories

19:05

of government including the judicial system,

19:08

the think it's likely that will

19:10

see more judges get challengers. When

19:12

the usual practices that was the

19:15

judges appointed are elected, they don't

19:17

usually get a challenger unless they

19:19

decide to retire. Thanks. So

19:21

much lower jaw. this. While. Thank you!

19:24

Same. While. Actually,

19:26

just Mcafee has to Challengers He has

19:28

won his. Attorney Robert Patel

19:30

Oh and the other is Tiffany Johnson

19:32

see was a staff attorney for one

19:35

is Judge Mcafee his colleagues on the

19:37

Fulton County Superior Court Benz. Me:

19:39

Less a little bit awkward I gotta

19:41

say. and usually in Georgia has happened

19:44

so often. As said, a judge will

19:46

decide to retire and will do so

19:48

in the middle of their term so

19:50

the governor gets to pick their successor.

19:53

And. They usually are reelected time

19:55

and time again because. Quite.

19:58

Frankly voters paid. The little

20:00

attention to me know judges their

20:03

votes on judges. It's the upper

20:05

ballot races that they really care

20:07

about. So from time to time

20:09

ah, a judge or get up

20:12

a challenge. but they usually when.

20:14

And in fact I reported this

20:16

a few years ago i the

20:18

Georgia Supreme Court no Justice. Has

20:21

ever been defeated in

20:24

reelection? In Georgia history,

20:26

so they are very rarely beaten

20:28

when they when they run for

20:30

reelection. It's also

20:32

worth noting that superior court

20:34

judge ship races aren't nonpartisan.

20:36

Ah, And they are

20:39

held when partisans at vote

20:41

in their primaries so does

20:43

are already low turnout. Elections

20:46

are only the party faithful or really

20:48

coming out often sets foot in those

20:50

races and often without having a party

20:53

identifier next to someone's name people can

20:55

skip.race or the often just vote for

20:57

the incumbent Cel. It's a lot harder

20:59

for a challenger to really get traction

21:02

in races like that, especially now when

21:04

you're talking about somebody like Judge Mcafee,

21:06

who's gotten a lot of publicity for

21:08

his work on this case. and it'll

21:11

be interesting to see whether there's any

21:13

voters who want to speak their minds,

21:15

especially. If they're disappointed in the way that

21:17

he is and ruled on this case. One.

21:20

More thing I one a dad was

21:23

rubber patella one of saw John Mcafee

21:25

Challengers. He's quite active on social media.

21:28

And in February after former President

21:30

Trump have a judgment against him

21:32

and was selling those four hundred

21:34

dollar golf shoes he put up

21:36

on X which is to be

21:38

twitter he put a picture of

21:40

them and he called them air

21:42

treason. So if he does happen

21:44

to when I think it's a

21:46

long shot. but if he does

21:48

I don't see him. Keeping.

21:50

This case, I think he would probably. Be.

21:52

Recused, Interesting.

21:54

So tomorrow, what's the latest? with

21:57

Willis's reelection efforts, he has to

21:59

challengers. This year and reader

22:01

Margaret Whole asks how would you

22:03

characterize the support for Willis currently

22:06

in Georgia. So. I

22:08

think in terms of characterizing political support

22:10

for Willis, it very much depends on

22:12

who. You're talking to. And where

22:14

I'm as David in I wrote

22:17

in a story recently So much

22:19

about this investigation in particular has

22:21

been kind of a rorschach test

22:23

for political ideology and what you

22:25

think about Donald Trump and you

22:27

may love or hate Funny Willis

22:29

and what happened as part of

22:32

this disqualification fade probably reinforce what

22:34

you felt beforehand and we really

22:36

have not. Seen great polling and Fulton

22:38

County. On this especially not since

22:40

the disqualification fights. But it is

22:42

worth noting that she has to

22:44

challengers this year. One to her

22:46

left and wonder her right there's

22:48

former prosecutor a Christian Why Smith

22:50

who challenge your back. In Twenty Twenty

22:52

when she was running against her former. Boss Paul

22:55

Howard. I'm He only got about twenty

22:57

five percent of the vote in the

22:59

primary, and and he is really running

23:01

as kind of a progressive new breed

23:03

of prosecutor. He wants to, at least

23:05

last time around, he was running on

23:07

things like eliminating cash, bail, and changing

23:09

the way That or at least the

23:11

priorities of prosecutors. He at least hasn't

23:13

really been talking about this Trump Keys

23:15

much, but that could change moving forward.

23:17

And then there's Courtney Kramer Ah, who's

23:19

running as a Republicans who has close

23:21

ties to seven the defendants in this

23:23

case, including. Race Smith and David Schieffer.

23:26

She was an intern in the Trump

23:28

White House on and helps a lot

23:30

on the Republican legal effort. In the

23:32

aftermath of the Twenty Twenty election, Fulton

23:34

County is overwhelmingly democratic. Funny was as

23:37

the. Overwhelming favorite. To

23:39

win reelection here, she's just got such

23:41

an advantage in terms of name identification

23:43

on incumbency money, that especially Courtney Kramer

23:45

I think we'll be able to use

23:48

these scandals, this disqualification sites, and to

23:50

at least pummel Willis on the campaign

23:52

trail on. She'll be able to go

23:54

on Fox News and talk about this

23:56

stuff and at least create a lot

23:59

of x read: A D A. Debut.

24:02

Rotisserie earlier this week about one of

24:04

the defendants. Just Clark. He's a former

24:06

Justice Department official and dumped there's a

24:09

I Just Barman trial. ah, that he's

24:11

involved and going on in Washington. What's

24:13

happening there and when can we expect

24:15

a decision on that? Yeah.

24:18

Back in December, Twenty Twenty one

24:20

his was with the Justice Department

24:22

fab Just Clark wanted to send

24:24

a letter to Brian Camp and

24:26

Georgia Legislative Leaders urging them to

24:28

convene a special session or the

24:31

legislature. To consider naming Trump

24:33

the winner of the presidential election, He

24:35

said that apartment had serious concerns at

24:37

voting fraud had determine the outcome of

24:39

the election. The problem was

24:41

that the Justice Department had no such

24:43

concerns. It had investigated numerous allegations here

24:46

in Georgia and sound them blocking. Our

24:48

Clark superiors refused to send the letter

24:50

that only did they not have concerns

24:52

about fraud, but they said it it

24:54

would be improper to insert the Justice

24:56

Department into the election on Trump's behalf

24:59

car quit behind their back to Trump

25:01

who considered naming him acting Attorney General

25:03

so he could pursue his plan. The

25:05

senior leadership of the Justice Department threatened

25:07

to resign and mass and so nothing

25:09

came of it. Except that

25:11

Trump demanded that they fire Us

25:14

attorney Dj Packs here in Atlanta

25:16

and he ultimately resigned. Now Clark

25:18

faces a bar complaint in D

25:20

C. He could be disbarred. The

25:22

trial started Tuesday and will continue

25:24

at least the next week. Former

25:26

Justice Department officials have testified already.

25:29

What What's interesting is that a

25:31

big part of Clark's defense is

25:33

that he was right to worry

25:35

about voting fraud in Georgia and

25:37

elsewhere. He may bring in people

25:39

who will testify about voting irregularities

25:41

in Georgia. It's important to note

25:43

that numerous state and federal investigations

25:46

have found no evidence that fraud

25:48

cost Trump the election here in

25:50

Georgia, and numerous state and federal

25:52

judges rejected. Those fraud Claims are

25:54

as to when we all get

25:56

a decision, it's hard to say

25:58

on another. doesn't. And indeed, Georgia

26:01

election case. John Eastman had a

26:03

trial in any disbarment proceeding in

26:05

California last fall. We're expecting a

26:07

decision on that this week, but

26:10

that's an indication that we might

26:12

have to wait a while. And

26:14

Jeffrey Clark, as well. One.

26:16

Last question from children. ask us who

26:19

is a former colleague of ours here

26:21

at the age A seats she asked.

26:23

Our descendants allowed to communicate with each

26:25

other and are there different lawyers allowed

26:28

to talk, compare notes and strategies. Davis.

26:31

In general, I think the lawyers

26:34

are allowed to talk, compare notes,

26:36

and and and compare strategies. I

26:38

think that sub descendants are prohibited

26:41

from discussing the details of the

26:43

case with each other or with

26:45

potential witnesses. There's an interesting to

26:48

screw up with one of the

26:50

defendants or years and Floyd, if

26:53

you remember last fall, prosecutors sought

26:55

to revoke his bond because he

26:57

been making social media posts that

27:00

some code descendants and witnesses interpreted.

27:02

As intimidating were threatening, the judge

27:04

did not revoke his bond, but

27:07

he tightened up the bond requirements

27:09

and basically prohibited Floyd from having

27:11

any direct or indirect contact with

27:14

fellow defendants or witnesses in the

27:16

case, whether it was about them

27:18

bleach, hell's of the case or

27:21

not. now. Recently, Floyd requested that

27:23

those requirements be loosened because he,

27:25

as a former Director of Black

27:28

Voices for Trump. He

27:30

worked for the Trump campaign back

27:32

and twenty twenty as he wants

27:35

to resume his work for the

27:37

Trump Campaign's So he asked Judge

27:39

Mcafee to allow him to do

27:41

that and his lawyers argued, wow,

27:43

is it You know in that

27:45

position he might have to have

27:47

some contact with President Trump is

27:49

working for him and and for

27:51

his reelection. Mcafee was not sold

27:53

on the idea of Floyd communicating

27:55

directly with Trump's but in his

27:57

order that he had it eventually

27:59

approve. He did

28:02

allow Floyd to have indirect

28:04

contact with Trump solely about,

28:06

you know, If his. Work

28:08

on the campaign. They still cannot discuss

28:10

the details of the case together. And.

28:13

Defense Attorney is definitely talk to

28:15

each other about strategy. We. A

28:17

great example of that was actually Merchant

28:19

talking about her process. for her, I'm

28:21

digging up some of the fun stuff

28:23

about Nice and Way and yeah, well.

28:26

as she said early on, she was

28:28

working a lot with many Aurora whose

28:30

these attorney representing Can Chesbrough and you

28:32

know, his client and that getting a

28:34

plea deal back in October. So Keys

28:36

is essentially kind of out of the

28:38

game when it comes to this, but

28:40

at least early on they were creative

28:42

helping each other compile information on Nes

28:44

and of course as people sign on

28:46

to each other's motions. And you

28:48

know, asking for this and not

28:50

there? There's definitely coordination. On nod and

28:52

talk about timing and and that sort of thing. Before

28:55

we go, here's a little status

28:57

updates as we wait for the

28:59

defendants appeals to work. It's way

29:01

through the court system. Judge Mcafee

29:03

is moving ahead as promised with

29:05

other pre trial work on the

29:07

case. He's scheduled a hearing this week

29:10

on some motions and one is

29:12

a first amendment challenge filed by

29:14

of. Trump's lawyers Steve say

29:16

dell in Jennifer Little is a

29:18

First Amendment challenge. I'm just gonna

29:20

read the last sentence of the

29:23

most in a kind of speaks

29:25

for itself. This court should have

29:27

that the First Amendment's guarantee of

29:29

freedom of speech when applied to

29:32

the core political speech and expressive

29:34

conduct alleged in the indictment against

29:36

the President of the United States

29:38

demands a pre trial remedy And

29:41

that remedy His dismissal of the

29:43

indictment and Judge Mcafee. Is also

29:45

hearing some motion filed on behalf

29:47

of former. State. C

29:50

O P chaired David Safer and we

29:52

will definitely be there and report on

29:54

that and our next episode. As

29:57

always Thanks so very much for years.

30:00

Recount: Producer is Alexander that loud?

30:03

Thanks. To our presentation specialist Pete

30:05

Course and our colleague shame that

30:07

clerk, deputy managing editor Jennifer Brat

30:09

president and Publisher and Remorse and

30:12

the Aj see his editor in

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care of. Until next time on Durrington.

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