Trump co-defendants Harrison Floyd, John Eastman seek 2020 election records

FULTON COUNTY, Ga. - Harrison Floyd and John Eastman, two of former President Trump's co-defendants in the Georgia election interference case, were in a Fulton County courtroom on Friday for a hearing on several motions. 

Attorneys for both defendants have filed several motions, including some aimed at having the case against them dismissed.

Floyd is the former director of Black Voices for Trump. According to his indictment, he's accused of harassing Ruby Freeman and pressuring her to make false statements about election fraud.

His attorneys have asked for a lot of material to be released related to the 2020 elections, which the Fulton County Superior Court's Clerks office says will take tens of thousands of work hours to complete.

"We're looking for a digital production. I'm not looking for new copies of what was in existence in 2020," Floyd's attorney Chris Kachouroff told Fulton County Superior Court Judge Scott McAfee.

Harrison Floyd, a defendant in the Georgia 2020 election case involving former President Donald Trump, appears in Fulton County Court Nov. 21, 2023 (FOX 5 Atlanta).

"This is where we might have to pause. I'm reminded of the open records standard, which is, they're not obligated to go out and create documents for you. If they're going to sit here and testify today that they don't keep that list, and they would have to go around, and make you a list, what happens then?" Judge McAfee responded.

"If that's what the answer is, the response that they don't go around keeping a list, then they don't go around keeping a list. I accept the response," Kachouroff said.

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John Eastman's attorney argued reasoning for the language in his indictment. The former trump attorney faces several charges related to the plot to overturn the 2020 election.

"The word corruptly is an interesting word because it would appear to note a degree of mens rea of specific intent," Eastman's attorney Buddy Parker said.

"One thing that petitioning does not permit is any sort of lie and sort of false statement. There is no protection for that," state's attorney John Floyd added.

Judge McAfee asked Floyd's team and the clerk’s office to come back in two weeks with an amended subpoena regarding the time and cost to the clerk's office.

Floyd and 18 others, including the former president, were indicted in August 2023 after a 2-½ year investigation by Fulton County District Attorney Fani Willis. Four defendants have pleaded guilty after reaching a deal with prosecutors and the rest have pleaded not guilty.