ATLANTA — Harrison Floyd, a co-defendant of former President Donald Trump in the Georgia 2020 election case, will remain out of jail after a Fulton County judge ruled Tuesday that he will not revoke his bond.
Instead - he modified it.
Fulton County Superior Court Judge Scott McAfee signed Floyd's $100,000 modified bond order Tuesday evening after the hours-long hearing.
As part of the order, Floyd was ordered not to make any public statement concerning any co-defendant or witness in connection to the case. Floyd also can't post on social media platforms of any kind, public or private, concerning the case.
You can take a look at the full order below:
Prosecutors accused Floyd of attempting to communicate and intimidate witnesses. The bond agreement prevents Floyd from communicating directly or indirectly with co-defendants and witnesses.
Floyd and his legal team denied those allegations and claimed the posts didn't violate the order. Floyd was exercising his First Amendment rights, they said.
Fulton County District Attorney Fani Willis handled arguments on behalf of the state. She called three witnesses, including Georgia election official Gabe Sterling and Freeman's attorney Von DuBose.
At the end of the hours-long hearing, McAfee said the posts constituted a few technical violations of the bond order because the communications reached witnesses. However, McAfee said he was not convinced that Floyd was attempting to intimidate witnesses.
"Not every violation compels revocation," McAfee said.
The Fulton County District Attorney's Office filed a motion last week to revoke Floyd's bond. They alleged he violated the terms of his release by attempting to threaten witnesses in posts on X, the social media app formerly known as Twitter. The bond agreement prevents Floyd from communicating directly or indirectly with co-defendants and witnesses.
The posts primarily involved former Fulton County election worker Ruby Freeman. Floyd's three felony charges in the election case stem from his alleged involvement in the plot to get Freeman to falsely admit she committed election fraud.
Others mentioned in Floyd's posts include Georgia Secretary of State Brad Raffensperger, former Trump attorney Jenna Ellis, attorney Sidney Powell, and Georgia election official Gabe Sterling.
"Witness Ruby Freeman has been a frequent target of the Defendant's intimidating communications," the DA's motion reads. "Because of and in response to the Defendant's intimidating communications, witness Ruby Freeman has been the subject of renewed threats of violence from third parties."
Floyd's attorney Christopher I. Kachouroff told 11Alive last week that the posts referenced by the district attorney's office did not violate the conditions of his client's release and showed only parts of conversations. The posts did not constitute threats, he said.
In court documents filed Monday, Floyd's legal team alleges that prosecutors want to revoke his bond because Floyd rejected a plea deal, subpoenaed Fulton County election records, and opposed a protective order over discovery material in the case. The social media posts, they say, are Floyd exercising his First Amendment rights. Floyd's team offered no further details of the rejected plea.
"I believe that Fani doesn't like Harrison Floyd because he's a Black conservative," Kachouroff said last week. "She's treating him differently, in my opinion. ...It's gone too far."
Floyd, a former director of political group Black Voices for Trump, was one of 19 people indicted by a Fulton County grand jury in August for alleged criminal interference in the 2020 election. He was the only defendant who spent extended time in the Fulton County Jail after he failed to negotiate a bond with prosecutors before turning himself in. He was released on a $100,000 bond following a six-day stay.
To date, four people have pleaded guilty in the election case. Fulton prosecutors want an August 2024 trial date set for Trump and the remaining 14 defendants. Attorneys for the former president oppose that motion.