Georgia Judge to Hear Final Pleadings From Trump’s Co-Defendants Ahead of First Looming RICO Trial

ATLANTA – The Georgia judge overseeing Donald Trump's sweeping 2020 election racketeering case will convene two separate hearings on Tuesday as the first trial approaches for two of the former president's co-defendants and questions remain unanswered about the trial schedule for the others charged by Fulton County District Attorney Fani Willis. 

Superior Court Judge Scott McAfee's first hearing, set for 11 a.m. EST, has been called to handle case management issues involving Michael Roman and Ray Smith III.

While McAfee's scheduling order provided no details on the specifics of the session, it is expected to include discussion and possibly an order setting a trial schedule for the two men.

Roman, Trump’s 2020 election day director, previously waived his speedy trial rights for the ongoing court term. But the next term begins on the first Monday of November, leading to some speculation McAfee may seek to get this portion of the case onto a fixed trial schedule. Smith, a former Trump campaign attorney, has not waived his speedy trial rights. Both pleaded not guilty.

A second hearing before McAfee, set for 1:30 p.m. EST Tuesday, will entertain arguments on several motions to dismiss the charges lodged against two other co-defendants, pro-Trump attorneys Kenneth Chesebro and Sidney Powell.

Powell and Chesebro have invoked their right to a speedy trial under Georgia law, and their cases were severed from the other co-defendants in the case. They are scheduled to stand trial in less than two weeks, with jury selection starting Oct. 20.  

Chesebro’s legal team is seeking to dismiss the racketeering charges Willis obtained by citing protections under the Supremacy Clause and the First Amendment of the U.S. Constitution. Powell's attorneys have signed on in support of the arguments.

Previous attempts by Chesebro and Powell to dismiss charges against them have fallen flat. Last week, McAfee likened one such motion to a “dead parrot” in a nod to the iconic Monty Python sketch. In a Monday order denying another motion to dismiss from Powell, McAfee slammed the request as “procedurally defective.”

Both have pleaded not guilty and are currently scheduled to be the first to stand trial. McAfee hasn't yet addressed the specific trial plans for Trump or the other remaining co-defendants.

The two hearings are expected to be live-streamed on McAfee’s YouTube channel.