August 28, 2023 - The next phase of Trump’s Georgia and federal 2020 election subversion cases | CNN Politics

August 28, 2023 - The next phase of Trump’s Georgia and federal 2020 election subversion cases

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Former GA DA: 'I'm absolutely amazed' Mark Meadows is taking the stand
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Our live coverage has ended. Follow the latest news on Donald Trump’s cases or read through the updates below. 

Hearing on Meadows' bid to move Georgia election case to federal court ends without a ruling

Mark Meadows, former White House chief of staff, takes the stand during a hearing in federal court in Atlanta, Georgia. 

The all-day hearing on former Trump White House chief of staff Mark Meadows’ request to move the Georgia election interference case to federal court in Atlanta has concluded.

US District Judge Steve Jones did not rule from the bench on Monday. He acknowledged that arraignments in the criminal case were scheduled for September 6, and said he would rule as quickly as possible.

Meadows’ attorney said “we are entitled to a prompt determination” of whether his state criminal charges will be moved to federal court.

As the hearing drew to a close, one of the judge’s final questions was whether Meadows had any federal authorities that Trump didn’t have as president. District Attorney Fani Willis’ office said no, but Meadows team said yes, arguing that the chief of staff has a “wide range of authority.” 

The breadth of his federal authority is key to determining whether the case will stay in state court.

Meadows’ attorney says shooting someone would be outside bounds of his job — but questioning election wasn’t

During closing statements in the hearing over Mark Meadows’ bid to move his Georgia case to federal court, the former White House chief of staff’s lawyer said shooting someone would be outside the bounds of his role, but questioning the 2020 election results wasn’t.

The judge asked Meadows’ lawyer about the limits of his duties as a federal official — a question that is at the heart of today’s hearing.  

Meadows’ lawyer, George Terwilliger, said the job responsibilities are broad because the role of chief of staff is so closely intertwined with the operations of the federal government.   

“But if he shot a demonstrator in Lafayette Park, that would obviously be outside the scope of his duties,” Terwilliger said.  

Meadows’ attorney urged the judge to move the case to federal court, arguing there was a low evidentiary burden. “The tie doesn’t go to the state,” Meadows’ attorney argued.

Fulton County District Attorney Fani Willis’ team argued the Hatch Act, which bans federal officials from political activities in an official capacity, “places a hard outer boundary” for where a federal official’s job responsibilities end — once they start engaging in political activity, prosecutor Donald Wakeford said.    

Prosecutors argued that as a result, Meadows’ actions in the indictment weren’t part of his job, so the case should stay in state court.

“He doesn’t think anything he does can be touched by the Hatch Act,” Willis’ team argued.  

CNN’s Fabiana Chaparro, Macie Goldfarb, Morayo Ogunbayo, Jared Formanek and Shirin Faqiri contributed to this reporting.

A look at Donald Trump’s trial calendar, which is complicated by the US political calendar

Former President Donald Trump walks to speak with reporters before departure from Hartsfield-Jackson Atlanta International Airport on Thursday in Atlanta.`

Donald Trump’s very complicated legal calendar is coming into view. It appears that his criminal trials will occur after a large portion of Republican primary voters have decided whether to make him their nominee for the third consecutive time but before Election Day.

On Monday, a federal judge in Washington, DC, set March 4, 2024, as the start date for the first of the former president’s two federal criminal trials. Read CNN’s full coverage of two dueling hearings from Monday.

The next day, March 5, is Super Tuesday, the fulcrum of the primary calendar, when Texas, California and a dozen other states hold their primaries. It’s the largest delegate prize of the year.

Here’s how the dueling 2024 calendars look:

  • January 15 – E. Jean Carroll civil defamation trial begins; Iowa caucuses
  • January 23 – Possible New Hampshire primary
  • February 8 – Nevada caucuses
  • February 24 – South Carolina primary
  • February 27 – Possible Michigan primary
  • March 2 – Possible Michigan caucuses; Idaho caucuses
  • March 3 – DC party-run primary
  • March 4 – Federal trial on 2020 election criminal charges begins; North Dakota caucuses
  • March 5 (Super Tuesday) – Primaries in Alabama, Alaska, Arkansas, California, Colorado, Maine, Massachusetts, Minnesota, North Carolina, Oklahoma, Tennessee, Texas, Utah caucuses, primaries in Vermont, Virginia
  • March 12 – Primary in Georgia, Hawaii caucuses, primaries in Mississippi, Washington
  • March 19 – Primaries in Arizona, Florida, Illinois, Kansas, Ohio
  • March 23 – Primary in Louisiana
  • March 25 – Trump’s criminal trial in New York related to 2016 hush-money payments begins
  • April 2 – Primaries in Delaware, potentially New York, Rhode Island, Wisconsin
  • April 23 – Primary in Pennsylvania
  • April 30 – Primary in Connecticut
  • May 7 – Primary in Indiana
  • May 14 – Primaries in Maryland, Nebraska, West Virginia
  • May 20 – Criminal trial in classified documents case begins
  • May 21 – Primaries in Kentucky, Oregon
  • June 4 – Primaries in Montana, New Jersey, New Mexico, South Dakota
  • July 15-18 – GOP convention in Milwaukee

Read more about Trump’s complicated trial and political calendar.

Judge to hear closing arguments today on bid by Meadows to move Georgia election case to federal court

Former White House Chief of Staff Mark Meadows, in the blue suit, during a hearing in federal court in Atlanta, Georgia. 

Witness testimony has concluded in former White House chief of staff Mark Meadows’ hearing in Georgia federal court, after several hours from Meadows himself, former Trump campaign lawyer Kurt Hilbert and Georgia Secretary of State Brad Raffensperger.

The judge will hear closing arguments from both sides shortly.

Before his testimony concluded, Raffensperger testified that he believed his January 2021 call with President Donald Trump was held on behalf of Trump’s campaign – undercutting Meadows’ argument that it was part of his role as a federal official. 

During Raffensperger’s testimony, prosecutors played portions of the call, including when Trump implored the Georgia secretary of state to help him with the election.   

“We spoke the truth,” Raffensperger, a Republican, said of his comments defending the integrity of Georgia’s elections during the call.   

CNN’s Fabiana Chaparro, Macie Goldfarb, Morayo Ogunbayo, Jared Formanek, Shirin Faqiri contributed to this report.

First Fulton County defendant pleads not guilty in 2020 election interference case in Georgia

President Trump's lawyer Ray Smith is seen inside of the Georgia State Capitol in Atlanta during an election hearing on December 3, 2020.

Ray Smith, one of the 19 defendants in the election interference case in Fulton County, Georgia, has waived his arraignment and entered a plea of not guilty, according to a new court filing

Smith, a Trump campaign attorney, is the first defendant to enter a plea.

“It is counsel’s understanding that by filing this waiver of arraignment, prior to the arraignment date, that Mr. Smith and the undersigned counsel are excused from appearing at the arraignment calendar on September 6, 2023,” the filing states.

The remaining 18 co-defendants, including former President Donald Trump, are scheduled to be arraigned September 6, unless they waive their appearances.

Read more about Smith’s not-guilty plea here.

Georgia secretary of state didn’t return Mark Meadows’ call, saying it didn’t feel "appropriate"

Raffensperger on the witness stand on Monday, August 28.

Georgia Secretary of State Brad Raffensperger said he didn’t return a phone call from then-White House chief of staff Mark Meadows in late 2020 because he “did not feel that it was appropriate” to speak with Meadows while then-President Donald Trump was still contesting Georgia’s election results.

Raffensperger also said that he did not return the call because Meadows “didn’t leave a phone number.”

Meadows texted Raffensperger in December 2020 asking the secretary of state to call the White House. “mr Secretary. Can you call the White House switchboard,” Meadows wrote on December 5, 2020, according to text messages he turned over to the House January 6 committee that were obtained by CNN. “Your voicemail is full.”

Raffensperger testified there was no federal role in the certification of Georgia’s election, which he oversees as the state’s top election official.

That testimony could hurt Meadows’ argument that the call was part of his federal duties and not on behalf of the Trump campaign. 

Georgia secretary of state says Trump's phone call looking for more votes was political

Georgia Secretary of State Brad Raffensperger testified Monday about the infamous phone call from then-President Donald Trump seeking election officials to “find” the nearly 12,000 votes needed to overturn Joe Biden’s win in the Peach State.

Raffensperger, a Republican, testified there was no federal role in the certification of Georgia’s elections, which he oversees as the state’s top election official. Fulton County prosecutors asked if there was any role for the US president in certifying Georgia’s elections. Raffensperger replied there was none.

Prosecutors are trying to rebut Meadows’ argument that he got involved in Georgia’s 2020 election as part of his federal duties as chief of staff and not on behalf of the Trump campaign, and Raffensperger’s testimony could hurt that argument.

Raffensperger testified that only two dead people voted in Georgia in 2020 – not the 5,000 that Trump falsely claimed on the January 2021 call with Raffensperger.

Raffensperger also testified that he first tried to resist the call with Trump. “I told my deputy I don’t think this is in our best interest,” he said.  

“Outreach to this extent was extraordinary,” Raffensperger added.  

Read the full transcript and listen to Trump’s 2021 call with Georgia’s secretary of state.

CNN’s Fabiana Chaparro, Macie Goldfarb, Morayo Ogunbayo, Jared Formanek, Shirin Faqiri contributed to this report.

Here's what happened during a busy day in the Donald Trump criminal cases

The Richard B. Russell Federal Building in Atlanta, Georgia, US, on Monday, Aug. 28.

A trial date was set Monday right in the middle of the 2024 presidential primary calendar for former President Donald Trump, while his former chief of staff took the stand in Georgia in what amounted to a mini-trial in the election subversion case there.

Here’s what to know from a busy and significant day in Trump’s multiple trials:

  • Trial in the middle of primary season: Judge Tanya Chutkan’s announced trial date for the charges brought by the special counsel, March 4, is just one day before Super Tuesday when over a dozen states will hold their primary elections. A March trial for the former president in Washington, DC, over his alleged efforts to overturn the 2020 election will undoubtedly play a role in his run to be the Republican presidential nominee in 2024.
  • Mark Meadows takes the stand: A federal hearing in Georgia began with a surprising twist: Trump’s former chief of staff Mark Meadows took the stand to testify in his own bid to move his case from state court to federal court. Such a move could end up with the charges being dismissed and change the entire tenor of Fulton County District Attorney Fani Willis’ prosecution of Trump and 18 co-defendants.
  • Meadows denied election disruption allegation: During his testimony, Meadows denied one of the allegations in the indictment, saying he “did not ask” Trump White House aide John McEntee to write a memo about how to disrupt the certification of the election on January 6, 2021. Meadows was pressed by prosecutors on how the federal government had a role in a state’s determination of its election results. “There is a role for the chief of staff to make sure those campaign goals and objectives are implemented at the federal level,” Meadows testified.
  • Prosecutors plan to use Trump’s statements: The former president, his legal team and his political surrogates have repeatedly criticized the Justice Department, Chutkan and residents of Washington, DC, in online posts and media appearances. While there is no restriction on Trump’s ability to make those comments – despite a limited restriction on his ability to discuss specific evidence in the case – prosecutors made clear they will be taking what is said publicly into consideration when arguing to the judge. Chutkan – in closing Monday’s hearing – said she would be “watching carefully for anything that might affect that jury pool or poison that jury pool” in the lead-up to the March 4 trial date.

Georgia Secretary of State Brad Raffensperger has taken the stand in Meadows case

Raffensperger speaks at a press conference at the Georgia State Capitol on November 11, 2022, in Atlanta.

Georgia Secretary of State Brad Raffensperger has taken the stand in Mark Meadows’ court hearing. He was called as a witness by Fulton County District Attorney Fani Willis.

Willis’ first witness was Kurt Hilbert, a former Trump campaign attorney. Hilbert, who was on the January 2, 2021, phone call with Donald Trump and Raffensperger, described his legal work in Fulton County on behalf of the Trump campaign after the 2020 election.  

As prosecutors try to bat down arguments from former White House chief of staff Meadows that the case should moved to federal court because he was acting in a federal capacity, prosecutors have pointed out that Hilbert was not working for the US government during the call.   

“I did not speak with anyone at the Department of Justice,” Hilbert said, though he noted he had some contact with a White House lawyer in late 2020. 

CNN legal analyst says Trump's hope to appeal March 4 trial date is an "uphill climb"

Former President Donald Trump on Monday said he would appeal a ruling by a federal judge that his criminal trial will begin March 4, 2024 as he faces charges that he sought to subvert the result of the 2020 election. 

“Today a biased, Trump Hating Judge gave me only a two month extension, just what our corrupt government wanted, SUPER TUESDAY. I will APPEAL!” Trump posted on Truth Social

It’s unclear, however, if Trump can actually appeal the trial date, let alone succeed.

An appeal would be an “interlocutory appeal,” which requires special permission to file from the courts, Honig said. “And if he does get an appeal, it’s very rare to reverse a district court judge’s scheduling decision.”

Meadows defends Raffensperger 2021 phone call and says voter fraud was a "roadblock" for Trump

Former White House chief of staff Mark Meadows testified Monday that President Donald Trump’s January 2021 phone call with Georgia Secretary of State Brad Raffensperger was Meadows’ attempt to resolve Trump’s concerns about voter fraud and “land the plane” on the “whole transfer of power” to Joe Biden.   

Trump’s concerns about voter fraud were a “roadblock” to the transfer of power, Meadows said. Therefore, Meadows said he tried to get this off the former president’s list of concerns by getting on the phone with Raffensperger. 

Toward the end of Meadows’ cross-examination, Georgia prosecutors pressed him on the political nature of his call.

“I didn’t see that as a violation of the Hatch Act,” Meadows testified, referencing the 1939 law that prohibits federal officials from taking political actions in their official capacity.

Meadows was asked by prosecutors whether he believed Trump had won the state of Georgia at the time of Trump’s call to Raffensperger.

“I believed there were additional things that needed to be investigated,” Meadows said.  

Meadows argued that some of the things Trump raised on the call did need more scrutiny to determine who really won the election. “In my mind, that was an open question,” he said.   

Meadows said that the call with Raffensperger was “fairly lengthy” and said that the former president was talking about the “allegations of fraud that he believed occurred in Georgia.”  

Meadows is now done testifying. He was on the stand for roughly 3 1/2 hours.    

Meadows’ team isn’t calling any additional witnesses as part of the removal hearing. They are taking a short break and then prosecutors are expected to present their case.

CNN’s Fabiana Chaparro, Macie Goldfarb, Morayo Ogunbayo, Jared Formanek, Shirin Faqiri contributed to this report.

The only co-defendant to be jailed in Georgia points out Trump, who is facing 4 felony cases, was given bond

Floyd appeared in court last week, where a magistrate judge declined to release him on bond, noting that the decision on bond had to be made by the judge assigned to the case.

A bond hearing has been set for Thursday for Harrison Floyd – the only one of 19 defendants to be detained in jail in the Fulton County 2020 election subversion case against Donald Trump and his allies.

Floyd was accused of participating in a harassment campaign against local election workers. Unlike the other defendants, Floyd failed to negotiate a set bond with the district attorney’s office and a judge before turning himself in at the Fulton County jail.

In a motion for bond filed Monday, Floyd’s attorney notes that “Mr. Floyd’s co-defendant, Donald J. Trump, has four (4) separate felony cases, and was given a bond by this Court.”

The attorney also pointed out that “Among the nineteen (19) defendants, Mr. Floyd who is the only African-American male, remains the only defendant denied bond.”

Last week, a magistrate judge declined to release Floyd on bond, noting that the decision had to be made by the judge assigned to the case. 

Floyd raised concerns during last week’s hearing about his ability to pay for a lawyer. Judge Scott McAfee, who is assigned to the case, allowed a public defender to be assigned to Floyd, even though Floyd did not meet the local income requirements, according to court filings. 

However, it appears from the latest filings that Floyd has retained local counsel of his own. 

Trump’s 2021 phone call with Georgia officials has been a key part of Meadows' hearing. Listen to it here 

Trump's call to Raffensperger is part of the indictment.

Throughout Monday’s hearing in Atlanta, Mark Meadows has been questioned by a prosecutor with Fulton County District Attorney Fani Willis’ office about then-President Donald Trump’s January 2021 phone call with Georgia Secretary of State Brad Raffensperger. 

In the call, which is included in the Fulton County indictment, Trump asked Raffensperger to “find” enough votes for him to win Georgia.

Meadows, who served as Trump’s White House chief of staff, said that the former president had “a concern” about potential fraud in Atlanta and was hoping to figure out “a less-litigious way of resolving” his issues with the election results in Georgia.

Willis’ prosecutors have repeatedly highlighted that Meadows included outside, pro-Trump lawyers on that call – people who were not federal employees and didn’t work at the Department of Justice, for instance. Meadows said multiple times that he could not recall all of the outreach he did to set up the call.

Read the full transcript and listen to Trump’s 2021 call with Georgia’s secretary of state.

Mark Meadows is back on the witness stand in Atlanta

Proceedings resumed in Atlanta’s federal court shortly after 2 p.m. ET, with former White House chief of staff Mark Meadows back on the witness stand to continue his testimony.

Meadows has testified for about three hours on Monday.

A prosecutor from Fulton County District Attorney Fani Willis’ team is cross-examining him, currently about former President Donald Trump’s January 2021 call with Georgia Secretary of State Brad Raffensperger. 

Judges in Trump federal election case and Manhattan criminal case — both set for March 2024 — have spoken

The judges in former President Donald Trump’s federal 2020 election-related case and his New York state case regarding the alleged falsification of business records spoke last week, according to a spokesperson for the Unified Court System in New York.

Both trials are set to begin in March 2024.

Asked about the potentially overlapping criminal trial dates, spokesperson Lucian Chalfen said Judge Juan Merchan and Judge Tanya Chutkan “spoke last Thursday regarding their respective upcoming trials.”

“At this time there is nothing further to impart regarding the People of the State of New York v. Donald J. Trump,” he continued.

The former president faces 91 criminal charges across four separate cases.

Trump’s federal criminal trial on charges he sought to subvert the 2020 presidential election result will begin March 4, the day before the Super Tuesday primaries, a federal judge ruled Monday.

Manhattan District Attorney Alvin Bragg’s case against Trump, which alleges 34 felony criminal charges of falsifying business records, is set for March 25.

A spokeswoman for Bragg declined to comment. A lawyer representing Trump in that case could not be reached.

Judge says Peter Navarro’s defense argument is "pretty weak sauce"

The federal judge presiding over the criminal contempt of Congress case against former President Donald Trump’s onetime trade adviser Peter Navarro in DC called some of the evidence from the defense “pretty weak sauce.”

Navarro says he defied subpoenas from the House January 6 committee because Trump directed him to do so. But US District Judge Amit P. Mehta, sitting in the same courthouse as Judge Tanya Chutkin, seemed unconvinced. 

“I still don’t know what the president said,” Mehta told Navarro’s attorney Stanley Woodward, referring to the February 20, 2022, call during which Navarro said it was made clear the former president was invoking executive privilege. “I don’t have any words from the former president.” 

“That’s pretty weak sauce,” Mehta said, referring to a comment Navarro says Trump made to him about regretting not letting him testify. The comment had been used by Navarro and his team to bolster their argument that Trump did invoke privilege because his subsequent regret indicated as much.  

“The record is barren, there is nothing here, even after your client’s testimony,” Mehta told Woodward toward the end of Monday’s pre-trial hearing. 

The judge said he would make a decision later this week on whether Navarro’s testimony could be used in his trial next month. 

Navarro stood for the duration of the hearing with his arms folded, even as he fielded questions from the attorneys. When he was off the stand, he paced back and forth near his team of attorneys, and he became testy with the prosecutor once they began their cross-examination, causing the judge to instruct him on how to conduct himself.

Meadows questioned about setting up call where Trump told Georgia officials to "find" votes to win state

Former White House Chief of Staff during the Trump administration Mark Meadows speaks during a forum titled House Rules and Process Changes for the 118th Congress at FreedowmWorks headquarters on November 14, 2022 in Washington, DC.

Mark Meadows was questioned by a prosecutor with Fulton County District Attorney Fani Willis’ office about then-President Donald Trump’s January 2021 phone call with Georgia Secretary of State Brad Raffensperger. 

In the call, which is included in the Fulton County indictment, Trump asked Raffensperger to “find” enough votes for Trump to win Georgia.

Meadows said that Trump had “a concern” about potential fraud in Atlanta and was hoping to figure out “a less-litigious way of resolving” his issues with the election results in Georgia.

Willis’ prosecutors have repeatedly highlighted that Meadows included outside, pro-Trump lawyers on that call – people who were not federal employees and didn’t work at the Department of Justice, for instance.

Meadows said multiple times that he could not recall all of the outreach he did to set up the call.

“I don’t recall. I’ve tried to recall a number of times,” Meadows said when asked who he reached out to among attorneys who took part on the call on Trump’s side.

Meadows said he didn’t recall a specific conversation with Cleta Mitchell, a private attorney assisting Trump, to get her on the call with Raffensperger. He said he also couldn’t recall looping in members of Trump’s campaign to the call.

Meadows grew somewhat exasperated as the prosecutor questioned why his role would include setting up a call to settle private litigation. Meadows pointed to Trump’s needs as he perceived them.

“I dealt with the president’s personal position on a number of things. It’s still a part of my job to make sure the president is safe and secure and able to perform his job,” Meadows said. “Serving the president of the United States is what I do, to be clear.”

Fulton County District Attorney Fani Willis has subpoenaed two outside attorneys assisting Trump who took part in the call to testify at the Meadows hearing.

Prosecutors asked Meadows why he wanted them on the call. Meadows responded: “My understanding was that the president wanted signature verification.”

Meadows is continuing to distance his politically adjacent activity while he was chief of staff from Trump’s campaign. Instead, Meadows is trying to connect these post-election actions to his official-government job.

“There is a role for the chief of staff to make sure those campaign goals and objectives are implemented at the federal level,” Meadows argued. 

In one instance, Meadows was pressed about a text message he sent to a Georgia election official where he asked if the ballot signature-matching process could be sped up if the Trump campaign paid for it.

Meadows testified that he made that offer without discussing it with the Trump campaign, and claimed he was trying to learn about the election process so he could advise Trump about the speed of the process.

The court has resumed after taking a short recess and Meadows is expected to return to take the stand.

Classified material not expected to be presented in special counsel’s primary case

Prosecutors do not anticipate presenting classified documents in their case-in-chief against former President Donald Trump in Washington, DC, a special counsel prosecutor said at Monday’s hearing.

Prosecutor Tom Windom said there were roughly five to 10 classified documents totaling less than 100 pages in the case’s discovery as well as a witness interview – part of which is classified. However, Windom said, he did not expect any classified material to be presented in trial. 

Therefore, the lack of classified material meant the defense should not need additional time to prepare for trial, he argued.

The lack of classified material in the 2020 election case against Trump stands in stark contrast to the special counsel’s case against the former president in Florida, one that largely revolves around Trump’s alleged retention of classified material at his Mar-a-Lago resort after leaving the White House.

Attorneys for Trump are still waiting on their full security clearances to be able to review classified material, they said Monday.

Judge sets Trump DC federal election subversion trial for March 4, 2024 — one day before Super Tuesday

Former President Donald Trump speaks at his Mar-a-Lago estate Tuesday, April 4, 2023, in Palm Beach, Floria.

Former President Donald Trump will go to trial in March 4, 2024, on charges alleging he worked to overturn the 2020 presidential election, federal Judge Tanya Chutkan said Monday.

In the hearing earlier Monday, Chutkan rejected trial dates proposed by both the Justice Department and Trump’s legal team. Prosecutors had requested that the trial begin in January, 2024, while Trump’s lawyers had asked for a date in April 2026. 

The set trial date comes just one day before Super Tuesday, when voters in more than a dozen states, including California and Texas, will go to the polls.

Chutkan also set a robust pre-trial schedule:

  • All pre-trial motions, except motions in limine, are due October 9. Any briefings opposing those are due October 23, and any replies would be due November 6.
  • Motions to suppress evidence and motions in limine (requests heard in advance of jury selection) are due December 27, opposition briefings are due January 9 and replies are due January 24.
  • Prosecutors must provide notice of evidence they intend to offer by December 4.
  • Parties must exchange lists of expert witnesses on December 11. Each side must exchange exhibit lists by December 18 and file any objections by January 3, with replies due January 9. Witness lists must by exchanged by February 24.
  • Finally, each side must propose jury instructions and voir dire questions by January 15.

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