MSNBC Analyst Says Codefendants Requesting Speedy Trials So They Can Escape Trump, Have ‘Better Chance’ Without Him As ‘Courtroom Hurdle’
MSNBC Legal Analyst Jill Wine-Banks said this weekend the main advantage to co-defendants in requesting speedy trials in Georgia’s RICO case against them and Donald Trump is that being tried with the ex-president might ensure they lose – or, as host Yasmin Vossoughian noted, are sabotaged deliberately as scapegoats for Trump.
On Saturday’s Yasmin Vossoughian Reports on MSNBC, the host asked Wine-Banks about why some Trump co-defendants like former Trump lawyer Kenneth Chesebro are requesting and being granted speedy trials under the law.
Wine-Banks said that one thing some of the defendants could gain from a speedy trial request is an “early look” at evidence they may not know about, because they can be charged with all parts of the conspiracy under RICO. She added that another reason to make the request could be they hoped prosecutor Fani Willis wouldn’t be able to be ready in time.
But she said there isn’t really “much to gain” other than not wanting to be tried with Trump.
“I don’t think they have much to gain by doing it, other than they may feel that severing themselves from the former president is an advantage, that being tried with him presents courtroom hurdles and evidentiary hurdles because of the attitude about, you know, and so that they may feel they get a better chance at acquittal being on their own,” she said. “That’s the only advantage I can think they might have thought.”
“Well especially if Trump’s team ends up using some of them as scapegoats,” Vossoughian replied, prompting an expression of emphatic agreement from Wine-Banks.
When Vossoughian asked what a judge would “weigh” in granting such a request, Wine-Banks noted that it’s not really the case they can “weigh” anything.
“It is a mandatory right under Georgia law. And under federal law,” she said.
VOSSOUGHIAN: Let’s talk about this speedy trial request. Sidney Powell is the second codefendant to call for this after Kenneth Chesebro. Chesebro’s trial is now set for October 23rd. We just told you in the last segment, John Eastman’s lawyer says they’re meeting this weekend to decide, but he’ll likely make the same request. What do they stand to gain and lose from this request?
WINE-BANKS: Well, one of the things that the other codefendants stand to gain is an early look at the evidence, because, since it is a RICO charge, the evidence establishing all elements of the RICO can be admitted against each of these people, even as to conspiracies that they weren’t part of. It’s all part of one overarching conspiracy. So that’s an advantage to those who do not join. I’m sure that there was some thought that she would, not that Fani Willis, the district attorney, would not be ready that fast. And so they called her bluff under a very stringent law in Georgia for speedy trial, which means that it must commence before November 3rd. And so, that’s why the October date was chosen. It’s late enough that they can be prepared. I don’t think they have much to gain by doing it, other than they may feel that severing themselves from the former president is an advantage, that being tried with him presents courtroom hurdles and evidentiary hurdles because of the attitude about, you know, and so that they may feel they get a better chance at acquittal being on their own. That’s the only advantage I can think they might have thought.
VOSSOUGHIAN: Well especially if Trump’s team ends up using some of them as scapegoats. What does a state judge weigh when granting or deciding a request like that on speedy trial?
WINE-BANKS: Well, actually, it’s not so much that they can weigh anything. It is a mandatory right under Georgia law. And under federal law. There’s a federal speedy trial act. So if you ask for a speedy trial, the law in Georgia defines it as, it must start within the term that were indicted, term of court, or the next term. And that next term ends on November 3rd. So, the trial has to start before then once that right is invoked, The federal law says you have 70 days after indictment. So – and then also sets off, there are certain actions that can delay it. Certain motions will toll the time from the, or add to the 70 days. So it still would be very fast even in the federal court.
Watch the clip above, via MSNBC.
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