(C) Daily Kos
This story was originally published by Daily Kos and is unaltered.
. . . . . . . . . .



Can any legal mind answer a couple of questions about the Georgia October Trial? [1]

['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']

Date: 2023-09-17

Okay let me admit IANAL.

Since I am not a lawyer there are some questions that I have regarding the trial that is to begin in October regarding Chesebro and Powell.

I am versed enough to know that a Defendant cannot be forced to take the stand in his or her trial. However, what would happen if Trump were subpoenaed as a witness for the Defense? He would not be a defendant at this particular trial.

If either defendant claims they were following Trump’s direction, wouldn’t they need to call Trump to prove that? And if he was called, wouldn’t he be subject to Cross Examination? Even if they used emails or notes written by Trump wouldn’t he be called on to authenticate them?

If Trump is subpoenaed by the defense but refuses to appear in court could that lead to a contempt of court citation?

The second big point regards the Jury pool. In all likelihood this case will be covered on TV and viewed by millions including perspective jurors for the big trial of the remaining 17 defendants scheduled for next year.

The prosecution is going to present a lot of evidence in October that will also apply to the next trial. But a juror is supposed to act only on what he or she hears in court. It may be hard to find anyone, anywhere who will not hear the evidence or at least a news account of the evidence. How can this impact the seating of a jury for the subsequent case or cases? It may form the basis of an appeal that the rest of the defendants, including Trump, cannot get a fair trial, because of national pre-trial publicity.

I can understand that this is why WIllis wanted to do all of them at once. But the speedy Trial requirement in Georgia made that impossible. So how will all of this play out? I would love to see Chesebro’s or Powell’s attorneys call Trump as a witness for the defense.

I hope to hear from any criminal attorneys who can shed some light on these questions.

[END]
---
[1] Url: https://www.dailykos.com/stories/2023/9/17/2193847/-Can-any-legal-mind-answer-a-couple-of-questions-about-the-Georgia-October-Trial

Published and (C) by Daily Kos
Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified.

via Magical.Fish Gopher News Feeds:
gopher://magical.fish/1/feeds/news/dailykos/