Donald Trump trials - Georgia election interference state court case - Megathread

https://talkingpointsmemo.com/news/breaking-sidney-powell-pleads-guilty-in-georgia-case

Sidney Powell has pleaded guilty! She knows where the bodies are buried. Her testimony could be very damaging.

https://lawandcrime.com/high-profile/judge-in-trump-rico-case-appears-to-invoke-monty-python-in-rejecting-co-defendants-parrot-of-a-motion/

Judge appears to invoke Monty Python in rejecting Chesebro's 'parrot' of a motion

District Attorney Willis filing contests defendant Chesebro's assertion that key documents are covered under attorney client privilege. She claims no privilege relationship and that the documents are covered under the crime fraud exception to privilege. The filing is linked in the article.

https://themessenger.com/politics/willis-chesebro-fake-electors-documents-exhibits-attorney-client-privilege

Potential jurors must fill out 100 plus question survey in attempt to find open minded members of the jury pool

After jurors fill out the questionnaire, they will be questioned by attorneys individually in a process known as ‘voir-dire’, in panels of 14, starting next Monday., October 23.

State legislature committee with subpoena power formed to investigate Fani Willis

Opinion - Analysis: Why Fani Wilis is not disqualified under Georgia law

Wade’s hourly compensation as a Special Prosecutor does not give rise to a conflict of interest because that fee arrangement does not create a financial incentive for Wade to seek conviction rather than justice. Georgia law expressly contemplates that district attorneys may appoint lawyers in private practice as special prosecutors who may be compensated for their work. Ga. Unif. Super. Ct. R. 42.1 (“Special assistant district attorneys appointed by the district attorney including attorneys from personnel of public agencies may prosecute criminal cases.”). See Isaacs v. State, 259 Ga. 717, 722, 386 S.E.2d 316, 322 (1989) (“The appointment of assistant attorney general William Hill as a special assistant district attorney in this case was authorized under Rule 42.1 of the Uniform Superior Court Rules.”); State v. Cook, 172 Ga. App. 433, 437, 323 S.E.2d 634, 639 (1984) (“[T]he appointment by a district attorney of a Special Assistant District Attorney … is premised upon the inherent authority of the district attorney to obtain assistance in the performance of his prosecutorial duties.”) (emphasis in original).

Special Prosecutors may be paid according “to whatever private arrangements regarding compensation are mutually agreeable to the district attorney and the appointee.” Cook, 172 Ga. App. at 437, 323 S.E.2d at 639 (citing Vernon v. State, 146 Ga. 709, 711, 92 S.E. 76 (1917)). The prevailing practice in Georgia is for Special Prosecutors to be compensated at an hourly rate. All three Special Prosecutors in Roman’s prosecution were paid by the hour, and it appears undisputed that at least one of the other two was paid the same $250 rate as Wade. See Fulton County DA Fani Willis explosive accusations: New documents in special prosecutor controversy, Fox5 Atlanta (“Documents show that Anna Cross was also paid $250 an hour.”). Compensating special prosecutors by the hour is not limited to the Fulton County District Attorney’s Office. For example, the Office of the Attorney General of Georgia engaged hundreds of Special Assistant Attorneys General (SAAGs) in Fiscal Year 2023. See Office of the Attorney General, Outside Counsel Fee Information. Those records reflect that in 2022, 18 SAAGs were paid precisely the same $250 an hour as Wade, and some SAAGs made well over $1,000 an hour.

The financial compensation paid to Wade is consistent with well-established practice in Georgia and does not give rise to a conflict of interest warranting prosecutorial disqualification. Neither Wade nor the hundreds of other Special Prosecutors in Georgia who are paid by the hour have an improper financial incentive to seek a conviction to the disadvantage of a defendant. Publicly available documents indicate that Wade’s compensation was not contingent on the outcome of the prosecution against Roman or anyone else.

By contrast, the only two cases in Georgia that found that a Special Prosecutor’s financial compensation created a conflict of interest involved contingency fees which were expressly tied to the outcome of the case. In both Amusement Sales, Inc. v. State, 316 Ga. App. 727, 730 S.E.2d 430 (2012), and Greater Georgia Amusements, LLC v. State, 317 Ga. App. 118, 728 S.E.2d 744, 747 (2012), the district attorney appointed several Special Assistant District Attorneys to prosecute actions seeking in rem forfeiture of assets that were “used or intended for use in the course of, derived from, or realized through the foregoing pattern of racketeering activity.” Amusement Sales, 316 Ga. App. at 728, 730 S.E.2d at 433 (quoting OCGA § 16–14–7(a)). In contrast to Wade’s compensation, “[t]he SADAs were in private practice and entered into a contingency fee arrangement with the State to prosecute and recover a percentage of any forfeited proceeds.” Id. The Georgia Court of Appeal rejected that financial arrangement, explaining that “disqualification was warranted in light of the SADAs having a personal financial stake in the outcome.” Id. at 738. That contrasts sharply with an hourly fee like Wade’s, which does not depend on the outcome of the prosecution. Accordingly, because Wade’s hourly compensation does not create an improper motive to seek conviction, it does not give rise to a conflict of interest.

https://talkingpointsmemo.com/news/breaking-chesebro-reaches-plea-deal-in-georgia-rico-case

Chesebro accepts plea deal for one felony, probation

Georgia prosecutors in Trump election case admit relationship, claim it started after Wade was hired

Trump Moves for Court to find him immune from Prosecution- Filing

Judge rules case against Trump may continue but either Willis or Wade must step down. Relationship showed poor judgement but case was not originally brought for financial gain