Harrison Floyd, as seen in an undated mugshot, is the only one of the 19 Fulton County defendants to be held in jail without bond. (Fulton County Sheriff's Department)
Posted on 11/04/2023 9:01:51 PM PDT by SeekAndFind
Former Black Voices for Trump leader Harrison Floyd’s legal team intends to prove his innocence of claims he unlawfully participated in an election subversion plot in Fulton County, Georgia, by showing that former President Donald Trump won the state’s 2020 presidential election.
Harrison Floyd, as seen in an undated mugshot, is the only one of the 19 Fulton County defendants to be held in jail without bond. (Fulton County Sheriff's Department)
Mr. Floyd was charged on Aug. 14 alongside the 45th president and 17 other co-defendants with violating Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act, conspiracy to commit solicitation of false statements and writings, and influencing witnesses.
He was the only defendant to spend time in jail due to the indictment before he was released on bond on Aug. 30.
“Your Honor, this case isn’t about whether you or I think that Donald Trump lost the election. It’s about what Mr. Floyd believed at the time,” noted Chris Kachouroff, one of Mr. Floyd’s defense attorneys, at a Nov. 3 hearing before Judge Scott McAfee.
“It’s also [about] what the false statements are alleged to have been, and indeed, are they really false,” he said.
The judge ordered the hearing in response to motions to quash three sweeping subpoenas Mr. Floyd’s legal team served to the office of Georgia Secretary of State Brad Raffensperger, the Fulton County Clerk of Courts, and the Fulton County Board of Elections.
Materials the attorneys requested included the ballot images and envelopes for all absentee ballots cast in the 2020 general election, all absentee ballot application forms, reports from the Dominion voting machines used, and all laptops and poll pads used by election workers, along with other documents, files, and drives.
Attorneys also requested all documents and recordings concerning the secretary of state’s post-election investigation into allegations of election fraud.
“The state chose to open this door,” Mr. Kachouroff said. “It is a broad and sweeping complaint. They opened the door wide open for us to walk in and ask for these things.”
The attorney noted that the 98-page indictment repeatedly asserts as fact that President Trump lost the 2020 election in Georgia, and the charges against Mr. Floyd are predicated on that claim. But if Fulton County District Attorney Fani Willis is wrong and President Trump actually won the election, then Mr. Floyd cannot be guilty of soliciting “false statements and writings” that conveyed as much.
The indictment also maintains that Mr. Floyd and the other co-defendants were aware that President Trump lost the election and that their actions constituted an unlawful conspiracy to change the results in his favor.
That assertion, Mr. Kachouroff said, would also be undermined by proof that the former president won or even just proof that the election’s outcome is uncertain. And the subpoenaed materials, he argued, are likely to contain that proof.
“We could make that argument that he’s innocent no matter what happened,” he noted. “And, of course, we would. We’re defense attorneys; that’s what we do.
“But at the end of the day, those are the possible options down the road that could arise. Right now, we believe we’re at Option 1, that President Trump indeed won the election, and we can prove it—with respect to Fulton County.”
Mr. Raffensperger’s office, represented by Attorney Jackson Sharmon III, has argued that the broad scope of materials requested by the defense would place an “undue burden” on an entity that is not even a party in the case.
Contesting the subpoena before the judge, Mr. Sharmon said the requested documents contain “little, if anything,” relevant to Mr. Floyd’s defense.
“If the purpose is state of mind, his intent, the documents we would produce—which he didn’t know about, he didn’t have—are not going to have any effect on the determination of his intent at the time he allegedly undertook the acts that are in the indictment.”
Mr. Sharmon also challenged the defense’s argument that proving President Trump won the election would necessarily erase the possibility that Mr. Floyd had criminal intent.
“With all due respect, I don’t think that’s the case,” he said. “That’s not the way intent, in a criminal case, is adjudicated.”
Meanwhile, attorneys for Fulton County said it could take months to produce the requested materials. And in terms of relevance, they pointed to Mr. Kachouroff’s admission that he could argue his client’s innocence even without the requested materials as evidence they weren’t needed.
But for Mr. Kachouroff, the state’s arguments didn’t negate his client’s right to those materials.
“Harrison Floyd is looking at between eight and 33 years. That’s his liberty interest. Courts take liberty interest very seriously so that liberty interest overcomes any burden the state has to be set back by a month or two or three.”
By the end of the hearing, the three subpoenas were reduced to two as it was revealed that the Board of Elections did not possess any of the requested materials, which are held by the Clerk of Courts.
The judge, expressing concern over the potential disclosure of voters’ personally identifiable information, said more information was needed to determine what exactly was being requested, the extent of the state’s burden in producing it, and whether a protective order was needed.
Short Fat Fani....daughter of a “Black Panther”.
Come on, election fraud doesn’t go on! naaah.....
Vegas had Trump at 99% win probability just before midnight. Everybody capable of critical thinking knows the 2020 election was stolen. I watched all night. Woke up to a whole new world.
The fraud from 3-4 am was ridiculous. It needs to be addressed and challenged.
After midnight but before the inexplicable counting stoppages.
Trump led in PA by 682,000 votes (15.2%)
Trump led in GA by 311,000 votes (7.5%)
Trump led in MI by 307,000 votes (9.6%)
Trump led in WI by 128,000 votes (4.9%)
Trump led in NC by 77,000 votes (1.4%)
* Decertify Arizona
* Decertify Pennsylvania
* Decertify Georgia
* Decertify Wisconsin
* Decertify Nevada
* Decertify Michigan
* PROSECUTE BIDEN!
This is the defense I’ve thought all along should be advanced. The vote had a stink to it and the Trump people were trying to get to the facts of it.
Even Trumps famous phone call to Rattenburger was simply to locate the dead people who voted.
The American people need to get their hands on those who financed the steal and do what needs to be done.. If we don't, then it will happen over and over again right up until they move us into the gulags...
It was revealed that the Board of Elections did not possess any of the requested materials, which are held by the Clerk of Courts.
Election Group Slapped With RICO Says It Can Prove Trump Won Georgia In 2020.
The cover up paint job is so thin you can see the true color of truth.
Well hell yes they can prove it, why otherwise would one think they’re being brought up on RICO charges?
another election official tried to report the early voting election fraud in CO and was found dead in her car shortly after a meeting with the FBI about it, her husband got arrested and did time for turning in her ballot after she died
in states with mail in only there is never a controversy over election results .
reporting election fraud is extremely risky and will result in death or destruction of your life
This case could be the key to their rightful freedom. Combined with an indisputable Trump win next year would turn the path of America's slow destruction to necessary recovery...hopefully in time to save our nation from very real forces of evil.
If anyone has any doubt of this just look at how thousands have been manipulated to march for the evil that is Islamist terrorism, unaware or self-blinded to the fact that they're on the Jihadi's death list themselves.
May God preserve and allow our champion back to the Presidency and help him turn the tide.
Bttt.
5.56mm
Why isn’t she going after Hillary? Gore? Stacey Abrams?
Mr. Raffensperger’s office, represented by Attorney Jackson Sharmon III, has argued that the broad scope of materials requested by the defense would place an “undue burden” on an entity that is not even a party in the case.
Part of the job of any public entity is to serve the people and provide them the documents they seek.
Problem with Raffensberger is, he allowed/ordered all of the evidence to be destroyed. Contrary to Georgia law.
In the 2021 runoff for the Senate seats, Dekalb county destroyed its ballots 2 months after the runoff. Georgia law says that they have to be maintained for 22 months.
The state is going to do everything it can to protect itself and not have to answer any questions.
Finally a defense attorney with the gonads to say “Your honor, I reject the premise”.
Or one that actually knows what happened, is happening and is willing to go the distance, regardless of the $$$$.
Don’t know the details but if this lawyer is doing taking this case on the cheap or pro bono, FINALLY a Conservative lawyer willing to defend someone with the same vigor and tenacity that the liberal lawyers do.
Because the judge wasn’t available. The judge that worked for both Kemp and Willis.
Having dealt with Fulton Cty before, folks go in there on violent crimes and get bond easier and in less time than Floyd did.
Its all digital with the backup being physical and supposedly sequestered.
There’s the rub, Adder. Has the state, has Raffensberger, maintained the material.
Fulton Cty ballots were going to be reviewed. Held in a warehouse with Fulton County Deputy Sheriff’s guarding the location. They left, building broken into. Ballots “tainted”. Ballots destroyed. All under the watchful eye of Raffensberger.
https://www.washingtonexaminer.com/news/alarm-warehouse-fulton-county-ballots-2020-election-audit
What’s interesting about that is the judge was seemingly all about allowing a legit investigation and then audit. And then....NOPE. Guess what...NO STANDING.
Fulton County, Georgia Defense Attorneys File
Urgent Motion After Talks Of 150,000 “Missing Ballots”
trendingpoliticsnews ^ | 11/9/2023 | kyle becker
FR Posted on 11/10/2023, 2:27:21 PM by bitt
snip
Human Events, had earlier reported on the 2020 147,000 mail-in ballots controversy: Fulton County poll manager Suzi Voyles was sorting through a large stack of mail-in ballots last November when she noticed something odd: several ballots marked for Joe Biden were extremely similar.
One after another, the votes contained perfectly filled ovals for Biden. What’s more, each of the fill-in bubbles boasted an identical white void inside them in the shape of a tiny crescent, indicating they’d been marked with toner ink instead of a pen or pencil, per the Epoch Times.
Voyles also noticed that all of the ballots were printed on different paper than the others she’d counted and none were folded or creased, which is standard for mail-in ballots as they come from envelopes. “All of them were strangely pristine,” Voyles said. She noted that she’d never seen anything like it in her 20 years monitoring elections in Fulton County.
All but three of the 110 ballots in the stack – which had been labeled “State Farm Arena” – were marked for Biden and appeared to be “identical ballots.”
After Voyles came forward, she was fired as a poll manager by the Fulton County Department of Elections. “I got the boot for speaking the truth,” she said.
At least three other poll workers observed the same thing. These election watchdogs have used their sworn affidavits to help convince a state judge to unseal all of the 147,000 mail-in ballots in Fulton and allow for a closer inspection.
They argue that potentially tens of thousands may have been manufactured in a race that Biden won by just 12,000 votes.
....more
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