Sidney Powell’s defense attorney in the Fulton County, Georgia, RICO case regarding an alleged effort to overturn the 2020 presidential election results in the state accused county prosecutors Thursday of withholding exculpatory evidence in violation of the law.
Fulton County Superior Court Judge Scott McAfee also made a key ruling in the case severing Powell’s and pro-Trump attorney Kenneth Chesebro’s cases from those of former President Donald Trump and the 16 other defendants, CNN reported.
Both Powell, a former Trump campaign attorney, and Chesebro sought a speedy trial, consistent with their Sixth Amendment right, while Trump and the other defendants want the case slowed down to better prepare their defenses.
Brian Rafferty, Powell’s defense attorney, accused Fulton County prosecutors of keeping exculpatory evidence from him in violation of the law.
“They have a due process obligation to turn over to me favorable information,” Rafferty said, citing the U.S. Supreme Court’s 1963 ruling in Brady v. Maryland
The issue centers on whether Powell broke the law by breaching voting machines used in Coffee County, Georgia, as she and her team sought evidence the machines had been manipulated during the 2020 election, according to CNN.
Rafferty argued in court that Powell had been invited by Coffee County officials to examine the machines.
“The most important thing that I’ve found, your honor, is a report by CNN, which I’ve been able to confirm, that there is a letter, a letter of invitation from Coffee County on Jan. 1 of 2021 that was sent,” he said.
“And it was sent not to Ms. Powell, it was sent to another lawyer, inviting folks to come down to Coffee County and do whatever it is that they do,” Rafferty said.