The judge asked, ‘What would be the state’s response that having this trial on Election Day is election interference?’
Former President Donald Trump’s several criminal indictments and likely nomination were proverbial elephants in the room during a lengthy motions hearing in Fulton County, during which Fulton County Superior Court Judge Scott McAfee set new motions deadlines for two former federal officials who have been trying to remove their Georgia election case out of state court before finally addressing the presidential race.
Harry MacDougald, counsel for former Department of Justice official Jeffrey Clark, said his client is litigating in four forums. James Durham, counsel for former chief-of-staff Mark Meadows, said in addition to appealing the removal of his case to federal court, he is involved in several cases against former President Donald Trump. In light of this, the judge allowed the motions deadline to be slightly postponed for the two defendants only, to Feb. 1, 2024.
In August, Mr. Clark and Mr. Meadows were two of 18 indicted alongside President Trump for their actions to challenge the 2020 election results, which state prosecutors allege constituted a criminal conspiracy enterprise.
State prosecutors originally asked for a March 4, 2024, trial date, but a federal case of a similar nature—alleging President Trump interfered with the 2020 elections—is set to go to trial that day.
Fulton County District Attorney Fani Willis, prosecuting the case, has since asked for an Aug. 5, 2024, trial date.
“That wouldn’t be unrealistic in a normal, multi-defendant case, even with a lot of pretrial litigation that wouldn’t be unrealistic,” Judge McAfee said. “But obviously there are a lot of unique variables here.”
Prosecutors sought to lock in an August trial date, but the judge added the court may not be able to commit to an August trial date even six months in advance.
Running for President
Steve Sadow, counsel for President Trump in the Georgia case, explained that after the criminal trial in March, his client has another federal criminal trial in the Southern District of Florida in May, and a New York criminal case awaiting a new trial date that is meant to be set after the Florida case.
He said he didn’t see “any way” this case could possibly go to trial in August, when President Trump would also “possibly be running for election,” a “somewhat pressing” matter.
“The preference is not to be on trial while he is running,” he said.
