ATLANTA — A Fulton County judge ruled Wednesday that two attorneys who assisted Donald Trump will be tried together but expressed doubts that the former president and his 18 codefendants could be in a courtroom together for an October trial over the 2020 election.
Fulton County Superior Court Judge Scott McAfee denied motions that would have given Kenneth Chesebro and Sidney Powell separate trials, rejecting arguments from their legal teams that trying them together would hurt their rights to a fair case.
McAfee also pressed prosecutors during the roughly 90-minute hearing, expressing doubts about Fulton County District Attorney Fani Willis' estimated timeline for a trial.
McAfee set an Oct. 23 trial date for Powell, mirroring the deadlines he ordered for Chesebro roughly two weeks ago. The pair requested speedy trials under state law, which requires their cases to begin before an early November deadline. They could later waive their speedy trial requests.
The Fulton County District Attorney's Office wants an October trial for all 19 defendants, and they estimate the trial would take roughly four months. That estimate doesn't account for jury selection or possible defendant testimony. The state said it planned to call 150 witnesses.
"It just seems a bit unrealistic to think that we can handle all 19 in 40-something days. That's my initial reaction." McAfee told Fulton County Deputy District Attorney Will Wooten during the hearing. "Are we even delaying the inevitable? If we say there's no severance, aren't we going to have 17 defense attorneys get up here and file motions for a continuance just saying they aren't ready?"
The trial schedule for the other 17 defendants has not been set.
Attorneys for both Chesebro and Powell argued that their clients were already separated from the remaining 17 codefendants in the case based on their speed trial demands. The Fulton County District Attorney's Office disputed those characterizations.
McAfee set a Tuesday deadline for prosecutors to outline how all the defendants could remain together under a single case. Several defendants, including former White House Chief of Staff Mark Meadows, have pending motions that would move their case from Fulton County to federal court. McAfee expressed concern that appeals of those decisions, and other matters, would slow the case.
"It sounds like the state is sticking to the position that all these defendants should remain, and they want to address some of these removal issues," he said. "I'm willing to hear that. I remain very skeptical."
Chesebro and Powell both assisted Trump in the aftermath of the 2020 election.
A little-known attorney, Fulton prosecutors allege that Chesebro worked with the leadership of the Georgia Republican Party, including then-chairman David Shafer, to have 16 Republicans meet at the Georgia State Capitol to sign Electoral College documents falsely claiming that Trump won the election. Chesebro faces seven charges related to his role in the plan.
Powell joined the legal team formed to challenge the 2020 election results on Trump’s behalf. Prosecutors allege Powell was also involved in the alleged election data breach in Coffee County, Georgia. Powell coordinated with Atlanta-based forensic data firm SullivanStrickler to allegedly copy the data, according to the indictment. She faces seven counts, including conspiracy to commit election fraud and conspiracy to commit computer trespass.
This is a breaking story and will be updated.