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In a dramatic turn of events surrounding the criminal racketeering case against former President Donald Trump and 14 associates, Fulton County District Attorney Fani T. Willis is urgently seeking an emergency protective order for discovery materials following a recent leak of video recordings related to the case.
The Washington Post revealed details from recorded statements given by four Trump co-defendants who accepted plea deals, shedding new light on allegations that they violated the law while attempting to overturn the 2020 election results in Georgia. The recordings featured interviews between prosecutors and pro-Trump figures Kenneth Chesebro, Jenna Ellis, Sidney Powell, and Atlanta bail bondsman Scott Hall.
Willis, leading the prosecution, had initially requested a protective order for discovery materials, including “proffer” videos with statements from those who pleaded guilty. However, after the leak of recordings to the media, she filed an emergency request, emphasizing the potential intimidation of witnesses and obstruction of justice.
The prosecution has decided to cease sharing “confidential video recordings of proffers” with defense attorneys, insisting that they must view the statements in person at the district attorney’s office, prohibiting any recordings or reproductions.
The filing, signed by Willis and deputy prosecutors Donald Wakeford and Will Wooten, urges Fulton County Superior Court Judge Scott McAfee to promptly grant an emergency protective order covering all discovery materials. They are also requesting a hearing and a “permanent order prohibiting disclosure of any discovery materials by any party.”
Included in the filing is an email chain discussing the leak between prosecutors and criminal defense attorneys involved in the case. Lead Georgia attorney for Trump, Steve Sadow, denied involvement in the leak, prompting a response from Nathan Wade, a special prosecutor, who asserted that the state had not leaked any information to the media.
In a surprising twist, an attorney for Trump ally Harrison Floyd, charged for alleged involvement in the harassment of election worker Ruby Freeman, initially claimed Floyd’s team was responsible for the leak. However, Floyd’s attorney later clarified that it was a typo, and Floyd’s team had not shared the information with the media.
Willis and her team had originally requested a protective order over evidence in the case on September 27. During a hearing last month, before Chesebro, Powell, and Ellis entered guilty pleas, Judge McAfee inquired about the status of the proposed protective order, revealing ongoing negotiations between prosecutors and the defense attorneys involved in the case.
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