Former Black Voices for Trump leader Harrison Floyd’s legal team intends to prove his innocence of claims he unlawfully participated in an election subversion plot in Fulton County, Georgia, by showing that former President Donald Trump won the state’s 2020 presidential election.
Mr. Floyd was charged on Aug. 14 alongside the 45th president and 17 other co-defendants with violating Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act, conspiracy to commit solicitation of false statements and writings, and influencing witnesses.
He was the only defendant to spend time in jail due to the indictment before he was released on bond on Aug. 30.
“Your Honor, this case isn’t about whether you or I think that Donald Trump lost the election. It’s about what Mr. Floyd believed at the time,” noted Chris Kachouroff, one of Mr. Floyd’s defense attorneys, at a Nov. 3 hearing before Judge Scott McAfee.
“It’s also [about] what the false statements are alleged to have been, and indeed, are they really false,” he said.
Opening the Door
The judge ordered the hearing in response to motions to quash three sweeping subpoenas Mr. Floyd’s legal team served to the office of Georgia Secretary of State Brad Raffensperger, the Fulton County Clerk of Courts, and the Fulton County Board of Elections.
Materials the attorneys requested included the ballot images and envelopes for all absentee ballots cast in the 2020 general election, all absentee ballot application forms, reports from the Dominion voting machines used, and all laptops and poll pads used by election workers, along with other documents, files, and drives.
Attorneys also requested all documents and recordings concerning the secretary of state’s post-election investigation into allegations of election fraud.
“The state chose to open this door,” Mr. Kachouroff said. “It is a broad and sweeping complaint. They opened the door wide open for us to walk in and ask for these things.”
The attorney noted that the 98-page indictment repeatedly asserts as fact that President Trump lost the 2020 election in Georgia, and the charges against Mr. Floyd are predicated on that claim. But if Fulton County District Attorney Fani Willis is wrong and President Trump actually won the election, then Mr. Floyd cannot be guilty of soliciting “false statements and writings” that conveyed as much.
The indictment also maintains that Mr. Floyd and the other co-defendants were aware that President Trump lost the election and that their actions constituted an unlawful conspiracy to change the results in his favor.
That assertion, Mr. Kachouroff said, would also be undermined by proof that the former president won or even just proof that the election’s outcome is uncertain. And the subpoenaed materials, he argued, are likely to contain that proof.
“We could make that argument that he’s innocent no matter what happened,” he noted. “And, of course, we would. We’re defense attorneys; that’s what we do.
“But at the end of the day, those are the possible options down the road that could arise. Right now, we believe we’re at Option 1, that President Trump indeed won the election, and we can prove it—with respect to Fulton County.”
Pushback
Mr. Raffensperger’s office, represented by Attorney Jackson Sharmon III, has argued that the broad scope of materials requested by the defense would place an “undue burden” on an entity that is not even a party in the case.
Contesting the subpoena before the judge, Mr. Sharmon said the requested documents contain “little, if anything,” relevant to Mr. Floyd’s defense.
“If the purpose is state of mind, his intent, the documents we would produce—which he didn’t know about, he didn’t have—are not going to have any effect on the determination of his intent at the time he allegedly undertook the acts that are in the indictment.”
Mr. Sharmon also challenged the defense’s argument that proving President Trump won the election would necessarily erase the possibility that Mr. Floyd had criminal intent.
“With all due respect, I don’t think that’s the case,” he said. “That’s not the way intent, in a criminal case, is...
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6 comments:
Of Course they did..
Must. Keep. The. Lid. On. The. Fraud.
I lived in Georgia from 2005 to the end of 21. I stayed up through the night of the election of 2020 and saw the fraud of the election. Across the nation at the same time all counting stopped with Trump well ahead and then a few hours later at the same time it restarted across the nation. Counting had not started but suddenly Biden was ahead.
In Georgia the voting for Fulton County (Atlanta) was held at one place the Arena in downtown Atlanta. During the counting there was a report of a broken water pipe and all people, including the Dem and Republican count viewers, cleared out. Videos show that Dems came back in about 20 minutes and pull hidden ballots and feed them into the counters.
Georgia's State Senate did an investigation into election fraud of 2020 in 2021 and found it in multiple ways. They reported it to the Senate President and Gov Kemp but neither did anything with it.
There is no end to the power grab. Best on the lawsuit.
Intent has exactly dick to do with any crime, ever. There are "aggravating" or "mitigating" circumstances, but intent, since it can never be proven one way or the other, should never even come up in a criminal trial proceeding. So, Mr. Jackson Sharmon III needs to STFU with regard to that.
The argument that the Georgia Secretary of State's Office is "an entity that is not even a party in the case" is insane.
The argument that the State should not have to provide any materials in the subpoena because the defendant had no knowledge of, or did not have possession of, those documents at the time of the alleged crime is just plain stupid. Mr. Sharmon needs to go back to law school.
Live in GA as well. Concerning the "broken pipe", apparently the facility never received any work order to fix a broken pipe. Just what I saw reported, not saying it's true or not but it makes you wonder.
The broken pipe was reported as a broken water main. Later it was found out that a toilet had overflowed earlier in the day. Regardless it gave the Ruby Freeman and the ballot counting elves the necessary cover to do their evil deeds. The security video showing one woman counting and recounting the same handful of ballots over and over. Even with the proof shown from security video tape the courts found Ruby Freeman and her daughter innocent of any wrongdoing. Rudy G. had to admit to the court and the two women that the accusations were made up. This was all done pre DJT charges. That was done to take the video evidence off of the table to be used as ballot fraud proof. Now the courts can shrug their shoulders and ask “what proof?”.
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