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Trump attorney Sidney Powell, others plead not guilty, waive arraignment in Georgia election case

Powell and two other co-defendants in the election case don't want to appear at arraignments set for Sept. 6

ATLANTA — Sidney Powell, an attorney for Donald Trump's 2020 campaign, is among three defendants who've pleaded not guilty and filed to waive their formal arraignments in the Georgia 2020 election case.

Powell and former Kayne West publicist Trevian Kutti entered pleas of not guilty and filed to waive formal arraignments set for Sept. 6, according to court documents filed Tuesday. 

"It is counsel's understanding that by filing this Waiver of Arraignment, prior to the arraignment date, Ms. Powell is excused from appearing at the arraignment calendar scheduled for September 6, 2023," Powell attorney Brian T. Rafferty wrote in his filing.

The pair join attorney Ray S. Smith III, who pleaded not guilty and filed a waiver of arraignment Monday. 

Fulton County Superior Court Judge Scott McAfee set arraignments for all 19 defendants, including former President Donald Trump, for Sept. 6. McAfee issued an order last Thursday that allows attorneys to file a waiver of arraignment no later than 48 hours before the hearing date — unless expressly excused by the court. The form must indicate the defendant is entering a plea of not guilty and waiving formal arraignment. The defendant must also sign the form.

If properly waived, the defendants don't have to appear at their arraignment. An arraignment is a hearing where defendants are given the first opportunity to enter a formal plea. An attempt to contact McAfee's chambers Tuesday was not returned.

Powell faces seven charges, including conspiracy to commit election fraud. She joined the legal team formed to challenge 2020 election results on Trump’s behalf. Powell was also involved in the alleged election data breach in Coffee County, Georgia, according to the indictment.

Kutti faces three charges, including influencing a witness. Prosecutors allege she was involved in the pressure campaign to get Fulton County election worker Ruby Freeman to falsely confess to committing election fraud.

Smith, an attorney, faces 12 charges, including false statements. Smith's charges stem from his alleged involvement in the Trump elector plot and election fraud claims that he pushed during a meeting in front of state lawmakers.

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