Lawyers for former Trump attorney Sidney Powell urges judge to throw out Georgia election fraud indictment

ATLANTA - Attorneys for former Trump lawyer Sidney Powell presented evidence to a Fulton County judge hoping to get her indictment for alleged efforts to overturn Georgia’s 2020 election thrown out.

Powell was not in the courtroom as Fulton County Superior Court Judge Scott McAfee heard her lawyer’s argument and a rebuttal from the district attorney’s office.

"Ms. Powell was not involved. And it begs the question of how could they possibly have gotten an indictment that is based on evidence and facts if they actually presented the evidence, especially when their own emails acknowledgments say they didn’t even know some of these letters…even existed," said Brian Rafferty, who represents Powell.

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"He has shown no evidence of prosecutorial misconduct because there was none. Defendants false claim that because she was indicted, and because she maintains her innocence, that the state must have misrepresented in suborn perjury, is one unsupported by evidence. Two, it’s offensive and inappropriate given to the serious nature of this type of allegation. And three, it’s a frivolous use of the court’s time," the prosecution rebuffed.

Sydney Powell speaks during a press conference addressing the legal challenge of President Donald Trump to the 2020 election results on Nov. 19, 2020. (FOX News)

The trial of Powell and co-defendant Kenneth Chesebro is set to begin at the end of the month. 

Nine hundred prospective jurors are being directed to appear in a Fulton County courtroom next month for the first trial related to the Georgia election interference case.

Fulton County Superior Court Judge Scott McAfee ordered subpoenas to be issued for 450 potential jurors to appear Oct. 20 and with 450 to appear on Oct. 27.

Sidney Powell, Kenneth Chesebro offered plea deals

Last week, prosecutor Nathan Wade revealed the district attorney's office planned to offer plea deals to lawyers Sidney Powell and Kenneth Chesebro. Attorneys for the pair were present at the hearing and didn't indicate whether their clients would accept the offers. 

Powell and Chesebro have requested speedy trials and are set to be tried together on Oct. 23, despite their lawyers arguing that they don't know each other and are not accused of having participated in the same acts.

Powell is accused of participating in a breach of election equipment in rural Coffee County. She's alleged to have hired and paid a computer forensics team that copied data and software from the election equipment without authorization.

Chesebro is accused of working on the coordination and execution of a plan to have 16 Georgia Republicans sign a certificate declaring falsely that Trump won and declaring themselves the state's "duly elected and qualified" electors.

Both will appear in court on Oct. 10 and 11 for a pre-trial motions hearing.

Scott Hall takes plea deal in Georgia election interference case

Bail bondsman Scott Hall became the first co-defendant in the Fulton County election interference case involving former President Donald Trump to take a plea deal with Fulton County prosecutors last Friday.

Hall pleaded guilty to five counts of conspiracy to commit intentional interference with the performance of election duties.

Hall, who was also one of the first of the 19 indicted in the RICO case to turn himself in, entered the plea before Fulton County Superior Court Judge Scott McAfee Friday afternoon. 

As part of the sweeping indictment, Fulton County District Attorney Fani Wilis initially charged Hall with two counts of felony conspiracy to commit election fraud, three counts of conspiracy to commit a felony, a violation of the Georgia Racketeering Influenced and Corrupt Organization Act, and conspiracy to defraud the state or political subdivision. 

Hall has agreed to 5-years on probation, one for each count. He is to refrain from polling activities while on probation. Hall also must pay a $5,000 fine.

Scott Hall (Fulton County Sheriff's Office)

In addition, Hall must write a letter of apology to the citizens of the state of Georgia, perform 200 hours of community service, and fully cooperate with the Fulton County DA's Office.

He further cannot communicate with the victims, witnesses, or codefendant.

Hall is also under a gag order, preventing him from speaking to the press.

Hall’s attorney Jeff Weiner, who was in court with him Friday, said under the deal, his client’s record will be wiped clean after he completes probation. The agreement allows Hall to avoid the stress of "living under a serious felony indictment" without knowing when he might go to trial, the attorney said.