A co-defendant in the Fulton County, Georgia, case believes that the prosecution has already reached plea bargains with several co-defendants in the case.
Attorneys for Harrison Floyd, a co-defendant in a Fulton County, Georgia, case against former President Donald Trump and 18 others over their contesting the 2020 election results, filed several motions on Monday.
They asked the court to sever his case from most but not all of the co-defendants, unseal all 2020 election materials, and disclose any deals the state offered any co-defendant or co-conspirator named in the indictment, witnesses, or any officer of agent of federal of state governments, whether the deals or “bargains” were ultimately entered into or not.
Mr. Floyd believes that the prosecution has already reached plea bargains with several co-defendants in the case, according to the filing.
Disclosure of Deals
The “reveal the deal” motion (pdf) specifically requests the prosecution to include any summaries regarding the deals, dates on which the negotiations took place, polygraph examinations given to the witnesses, whether any of the witnesses reasonably anticipate being offered something in return in any other court, whether incarcerated witnesses were given special privileges in return for their testimony, whether witnesses were given any sort of immunity for any offense, and any agreements with any law enforcement agencies to not take out warrants against such potential witnesses. It also requests that the state reveal any deals witnesses had previously reached with any other agency in any other case.
“These matters are particularly relevant to the witness’s bias as it reflects his willingness, desire, and experience in cooperating with the Government,” the motion reads.
The attorneys argue that the guarantee of due process under the U.S. Constitution requires the state to reveal any agreements, formal or informal, with witnesses in a criminal prosecution.
“Indeed, the Government may not suppress favorable evidence that is material to the credibility of one of its witnesses,” they wrote.
The prosecution, led by Fulton County District Attorney Fani Willis, has estimated it will bring forth 150 witnesses in the trial against the 19 defendants. The 19 were indicted one month ago, with Ms. Willis arguing that their actions to challenge the 2020 election result in Georgia constituted a “racketeering criminal enterprise.” All were charged with violating the state’s Racketeer Influenced and Corrupt Organizations (RICO) Act, and 40 other counts.
