By Aaron Miller-
Private emails exchanged between Fulton County prosecutors and defense lawyers reveal a push for prison sentences in the criminal case against Donald Trump and his allies.
The case revolves around allegations of violating the racketeering statute in an attempt to overturn the 2020 election results.
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Fani Willis, the Fulton County District Attorney, signaled her team’s intent for prison sentences in an email last month, stating, “We have a long road ahead. Long after these folks are in jail, we will still be practicing law.”
The emails, previously undisclosed, provide insights into the prosecution’s endgame, hinting at possible legal strategies and approaches toward plea deal negotiations.
While prosecutors are not presently expected to offer plea agreements to Trump, his former Chief of Staff Mark Meadows, and ex-election lawyer Rudy Giuliani, they left the door open for talks with other co-defendants.
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The emails also reflect a growing distrust among defense lawyers, who perceive the prosecutors’ tactics as overly aggressive and presumptuous, considering the trial is months away from a potential verdict.
The breakdown in trust escalated in a November exchange when Trump’s lawyer, Steve Sadow, expressed discontent about an incomplete Giuliani transcript provided in discovery. Willis responded, assuring the full transcript in the next discovery production.
Tensions rose as Sadow seemingly questioned the completeness of evidence, leading Willis to assert her earned title and professionalism.
The email exchange took an unexpected turn when Willis hinted at potential imprisonment for the defendants. She urged professionalism, emphasizing that legal careers would persist even after the election case co-defendants might face jail time.
Trump and 18 co-defendants initially pleaded not guilty in August to charges of violating Georgia’s state racketeering statute.
Four of the 18 later negotiated plea deals, removing themselves from the case. The remark about potential jail time raised concerns among defense lawyers, who found it alarming that such threats were made casually.
Relations between prosecutors and defense lawyers have further strained, particularly following media outlets’ publication of videotaped “proffer” statements by former Trump lawyers Jenna Ellis, Sidney Powell, and Kenneth Chesebro.
The leaked videos prompted prosecutors to seek an emergency protective order on discovery materials, and they refused to provide copies of future proffer videos to defense lawyers.
In the federal election case against Mr Trump, his lawyers have filed an appeal against Judge Tanya Chutkan’s denial of a motion to dismiss under presidential immunity. They have also asked for a stay in proceedings that could potentially delay the trial from its March start date.
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