Prosecutors Seek Emergency Seal of Evidence After Leak in Trump’s Election Case

( – Four individuals have pleaded guilty in The State of Georgia v. Donald J. Trump, et al. Fulton County prosecutor Fani Willis’s office brought the case against former President Donald Trump and 18 co-defendants, alleging they conspired to overturn the 2020 presidential election in Georgia. In exchange for sentencing considerations, the defendants who confessed provided recorded proffer interviews detailing their actions and interactions with other defendants in the case. After someone leaked portions of those recordings to media outlets on November 13, prosecutors filed an emergency motion on November 14 seeking a protective order prohibiting the public release of discovery materials.

As part of their plea deals, Scott Hall, Sidney Powell, Kenneth Chesebro, and Jenna Ellis each provided detailed answers to questions during recorded proffer sessions. The proffer interviews became part of the state’s discovery evidence, and, as required by law, prosecutors shared them with the defendants’ attorneys.

Yet, portions of the proffer interview videos began appearing in reports from ABC News, The Washington Post, and social media posts on November 13. The development caused Trump attorney Steve Sadow to demand “whether the prosecution […] had any hand in the disclosure of the proffers,” according to The Hill.

The Fulton County Prosecutor’s office denied any involvement, but Todd Harding, the attorney for defendant Harrison Floyd, sent an email reading, “It was Harrison Floyd’s team.” In a follow-up communication a few minutes later, Harding explained the message included a typo omission, and he clarified that his team “did not communicate with the media.”

On November 15, during a hearing to consider the prosecution’s motion, Misty Hampton’s attorney, Jonathan Miller, admitted that he had released the proffer interview videos to a single media outlet. He claimed his client, one of the case’s co-defendants, believed the public had a right to see the videos and know the facts behind the proffers.

Judge Scott McAfee of the Fulton County Superior Court disagreed, according to news outlets. He ruled that attorneys should try the case “before a jury” using relevant and admissible evidence after proper vetting. He cautioned against trying the case “in the court of public opinion.” Moreover, the judge said he planned to issue a protective order prohibiting defense and prosecution attorneys from publicly releasing “confidential” evidence.

~Here’s to Our Liberty!

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