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



Bad News For Sidney Powell and Kenneth Chesebro. They Go To Trial Next Week [1]

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

Date: 2023-10-17  

Two cases associated with the Georgia RICO indictments of 19 people in Fulton County Georgia will be going to trial very soon. Two of the defendants, Sidney Powell and Kenneth Chesebro, demanded quick trial under Georgia's Speedy Trial law. Once the defendant timely demands that Georgia law sets strict time limits for the trial to occur. Jury selection in their trial starts on Friday.

It should be noted that they are charged with very different aspects of the case. Powell's charges relate to her role in a conspiracy to break into Coffee County Georgia voting machines and illegally download data from them. Chesebro is charged for his roll in putting together fake electors, forging fake electoral college certificates, and presenting them to Congress as authentic.

Both Powell and Chesebro submitted motions to dismiss their charges to the judge. Today the judge denied those motions. You can read the judge's decision doing so HERE.

Thus the case will proceed to trial. The motions to dismiss required the defendants to show that the indictment against them was procedurally defective. That even assuming all facts alleged by the indictment are true that the indictment still fails to articulate a crime.

The arguments related to the RICO charge are the most interesting. Defendants argued the indictment fails to allege they sought financial gain from schemes they were involved in. This is true, the indictment does not do so. However, the court, looking at the law, found no requirement in it that the state prove a financial motive for the crime.

Another argument they advanced was a requirement for "continuity" mandated by the federal RICO statute. This element of the federal RICO statute requires that the scheme "pose a threat of continued criminal activity." Defendants argued there was no such allegation in the indictment. Alas, the judge found the Georgia RICO statute differs from the Federal in not requiring any showing of continuity.

While the trial will start soon, don't expect a decision soon. The judge estimates the trial will take five months.

It should be noted the prosecutor has already secured one conviction. Scott Hall has pled guilty as part of a plea agreement that includes his full cooperation. Like Powell Hall was also charged with the Coffee County voting machine break in and his cooperation has be viewed as blow to Sidney Powell.

[END]
---
[1] Url: https://www.dailykos.com/stories/2023/10/17/2200022/-Bad-News-For-Sidney-Powell-and-Kenneth-Chesebro-They-Go-To-Trial-Next-Week?pm_campaign=front_page&pm_source=trending&pm_medium=web

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/