Judge delays trial for Trump, others in Georgia 2020 election prosecution

The Georgia judge overseeing the massive, 2020 election-related racketeering case against former President Donald Trump and 18 co-defendants has ruled that the former president will not go on trial next month alongside attorneys Sidney Powell and Kenneth Chesebro, both of whom demanded an expedited schedule.

In an order Thursday, Fulton County Superior Court Judge Scott McAfee called the decision to split the sprawling case into multiple trials an “absolute necessity,” given the complexity of the case and the burden it would create for the state’s court system.

McAfee said he doubted the Fulton County courthouse could handle a trial for all the defendants at once. He also worried that such a sprawling case would create an unmanageable process for selecting a jury and exacerbate the risk of delays if any defendant or attorney is unexpectedly absent.

Prosecutors had claimed they were prepared to put all 19 defendants on trial together on Oct. 23, but McAfee scoffed at that possibility.

“The Fulton County Courthouse simply contains no courtroom adequately large enough to hold all 19 defendants, their multiple attorneys and support staff, the sheriff’s deputies, court personnel, and the State’s prosecutorial team. Relocating to another larger venue raises security concerns that cannot be rapidly addressed,” the judge wrote.

McAfee’s order underscored the significant uncertainties hanging over the case, which charges Trump and 18 co-defendants with conspiring to subvert Georgia’s election. The judge noted that five of the co-defendants are seeking to transfer their charges to federal court, a challenge that could take months to resolve and raise extraordinary complications if any of their motions are granted.

"How a grant of removal midtrial would impact this case, particularly on the issue of double jeopardy … and overlooking or wrongly adjudicating these legal uncertainties risks automatic acquittal," McAfee wrote.

Though McAfee has not yet set a trial date for Trump, it appears likely to extend deep into 2024 or later. The judge has set a Dec. 1 deadline for the defendants — other than Chesebro and Powell, who are on an expedited timeline — to file any pretrial motions. The judge must also contend with the fact that Trump has two federal criminal trials scheduled for next year, one beginning on March 4 in Washington, D.C. and the other beginning on May 20 in Fort Pierce, Fla.

McAfee said there’s a possibility more than two trials will be required to handle all the defendants and he raised the specter of enlisting another state judge, should the necessary timelines intersect. If any defendants opt for a speedy trial this month, McAfee ruled, they will be joined with Chesebro and Powell. However, if any opt for an expedited timeline next month or later, he said he has “received assurances that other members of the Fulton County bench stand ready.”