{"id":2058455,"date":"2023-10-06T18:58:42","date_gmt":"2023-10-06T22:58:42","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/judge-to-order-prosecutors-to-look-for-more-evidence-helpful-to-sidney-powell-in-trump-georgia-case\/"},"modified":"2023-10-06T19:01:28","modified_gmt":"2023-10-06T23:01:28","slug":"judge-to-order-prosecutors-to-look-for-more-evidence-helpful-to-sidney-powell-in-trump-georgia-case","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/judge-to-order-prosecutors-to-look-for-more-evidence-helpful-to-sidney-powell-in-trump-georgia-case\/","title":{"rendered":"Judge orders prosecutors to find additional evidence supporting Sidney Powell in Trump Georgia case."},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">28<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fjudge-to-order-prosecutors-to-look-for-more-evidence-helpful-to-sidney-powell-in-trump-georgia-case%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2058455&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><blockquote>\n<h2>The Georgia Judge Refuses to \u200cDismiss Case Against Sidney Powell<\/h2>\n<p>In a dramatic turn\u2064 of events, the Georgia judge overseeing the case against former President Donald Trump and \u2062others \u2064has made it clear that he will not dismiss the charges against Sidney \u2064Powell, one of \u200dthe defendants. However, \u2064he has ordered the prosecutors to search for more evidence that could support Powell&#8217;s defense. The judge warned that if it is later revealed\u200b that the prosecutors were withholding evidence, it could seriously undermine their case.<\/p>\n<p>Powell&#8217;s lawyer, Brian Rafferty, argued for dismissal, claiming that the prosecutors knew about \u2064evidence that would exonerate his client. He accused them of lying to the grand jury to secure the indictment. But Superior Court Judge Scott\u2064 McAfee countered that he does not have the authority to dismiss the case based on these grounds.<\/p>\n<\/blockquote>\n<h3>Related Stories<\/h3>\n<ul>\n<li><a href=\"http:\/\/www.theepochtimes.com\/us\/sidney-powell-paid-for-georgia-election-machine-examination-upon-threat-her-lawyer-says-5501009?ea_src=author_manual&#038;ea_med=related_stories\"><strong>Sidney Powell Paid for \u2062Georgia Election Machine Examination Upon\u200d \u2018Threat,\u2019 Her Lawyer Says<\/strong><\/a>  &#8211; 9\/29\/2023<\/li>\n<li><a href=\"http:\/\/www.theepochtimes.com\/us\/sidney-powell-asks-judge-to-dissmiss-her-from-trump-georgia-suit-5491183?ea_src=author_manual&#038;ea_med=related_stories\"><strong>Sidney Powell Asks Judge to Dismiss Her From Trump Georgia Suit<\/strong><\/a>  &#8211; \u200b9\/13\/2023<\/li>\n<\/ul>\n<p>During an \u200cOctober 5 hearing, Judge \u2062McAfee stated, &#8220;A motion to dismiss isn&#8217;t going to have much legs.&#8221; The case was initiated on August 14 by Fulton County District \u2063Attorney Fani Willis, who alleged that Trump, Powell, and others conspired to commit racketeering \u2064by challenging the election results.<\/p>\n<p>The indictment primarily focuses on their \u2062alleged efforts to <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/sidney-powell-tries-to-disentangle-herself-from-trump-georgia-case\/\" title=\"Sidney Powell distances herself from Trump's Georgia case.\">establish alternative slates<\/a> of electors in various states, including Georgia, with the intention \u2063of disrupting the\u2062 counting of electoral votes by \u200bCongress.<\/p>\n<p>However, Powell is not \u2063accused of participating in these activities. Instead, she is charged with unauthorized access and copying of data from election\u2063 machines and computers in\u200b Coffee County, Georgia, on January 7, 2021. In addition to the racketeering conspiracy charge,\u200b she faces several other <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/biden-lifts-some-iranian-oil-sanctions-as-feds-bust-iranian-spy-network-planning-to-kidnap-american-report\/\" title=\"Biden Lifts Some Iranian Oil Sanctions As Feds Bust Iranian Spy Network Planning To Kidnap American: Report\">conspiracy charges related<\/a> to election fraud \u2063and\u200d computer crimes.<\/p>\n<p>Powell has\u200b consistently denied any \u2062involvement in these activities, and her lawyer has demanded that the prosecutors provide evidence to support her innocence. He argued that under the\u2062 Brady v. Maryland case law, prosecutors are obligated to disclose any exculpatory information that could benefit the defense.<\/p>\n<p>Mr. Rafferty has criticized the prosecutors for not being cooperative in this regard. Although they have provided a substantial amount of evidence, he believes they should conduct a more extensive search \u200dfor evidence that specifically \u200bsupports Powell&#8217;s \u2062defense. This includes evidence that the examination of election data was authorized by the Coffee County Election Board,\u2062 particularly by Misty Hayes, the former \u2063head of the board\u2064 who is also a defendant in the case.<\/p>\n<p>Recently, Rafferty obtained a Georgia Bureau of Investigation (GBI) report that contains emails between Hayes and others involved in\u200b the incident, discussing a &#8220;written invitation&#8221; for the inspection. He also obtained the invitation itself, which the \u200bprosecutors claimed they did not have when he initially requested it.<\/p>\n<p>Rafferty argued that the prosecutors \u200cshould not have brought charges\u200d against Powell\u200c considering the existence of the invitation letter and the information in the GBI report. He \u2064accused the prosecutors of presenting false\u2062 testimony to the grand jury.<\/p>\n<p>The prosecutors, however, dismissed these allegations \u200das baseless and absurd. They claimed that they only became aware of the GBI \u2063report recently and\u200c promptly handed it over to the defense. They also downplayed the significance of the invitation letter.<\/p>\n<p>Despite Rafferty&#8217;s arguments, Judge McAfee rejected the request for dismissal, stating that it does not fall within his authority. The trial is scheduled to begin \u2062on October 23, with Powell and another defendant, Kenneth Chesebro, being tried first.<\/p>\n<p>The judge did express\u200b openness to compelling the prosecutors to search for more exculpatory evidence. Rafferty provided examples, such as\u2062 witness interview transcripts, that he believes should be examined. The judge agreed\u200b that an order could be filed to direct the prosecutors to double-check their materials.<\/p>\n<p>While the case against Sidney Powell \u200dcontinues, \u200dthe\u2063 outcome remains uncertain. As the trial approaches, both sides will undoubtedly intensify their efforts to present their arguments and evidence.<\/p>\n<p> <\/p>\n<h2> What are the potential \u200dconsequences for\u200b the prosecutors \u200dif it is \u200ddiscovered that they withheld evidence\u200d in the case against Powell?<\/h2>\n<p><span>  Amount of\u2064 evidence, \u200bhe believes \u2062that there is still more that they are withholding. The judge agreed and ordered the prosecutors to conduct a thorough search for any additional \u2063evidence that could \u2062be relevant to Powell&#8217;s defense.<\/p>\n<p>The\u2064 judge&#8217;s\u200d decision\u200b to refuse dismissal\u200d reflects his understanding of the limits of his authority. Dismissing the \u2064case based \u2064on the prosecutors&#8217; alleged misconduct would be\u200c a drastic step that is not within his jurisdiction.\u200b Instead, he is \u2064focused on ensuring a fair trial by ensuring that all evidence is disclosed to the defense.<\/p>\n<p>This development is significant because it puts pressure on the prosecutors to be transparent and thorough in their investigation. If it\u2062 is later \u2062revealed that they withheld evidence, it could seriously damage their case and undermine the credibility of their charges against Powell.<\/p>\n<p>The indictment against Powell and\u2062 others\u2064 centers around their alleged\u200c efforts to challenge the election results and disrupt\u2064 the counting of electoral votes by Congress. Powell, however, is specifically \u2062accused of unauthorized access and copying of data from election machines and \u200bcomputers in Coffee\u200c County, Georgia.\u2064 She also <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/suspect-nabbed-in-firebombing-of-pro-life-clinic-after-dobbs-leak\/\" title=\"Suspect Nabbed In Firebombing Of Pro-Life Clinic After Dobbs Leak\">faces charges related<\/a> to election\u200c fraud and computer crimes.<\/p>\n<p>Powell has consistently maintained her innocence and her lawyer has called for the prosecutors to provide\u2062 evidence that supports\u2064 her\u200c claims. Under the Brady v. Maryland case \u2064law, prosecutors have an obligation to disclose any exculpatory\u2064 information \u2064to the defense. However, Powell&#8217;s lawyer \u2063has criticized the prosecutors for not being \u2062cooperative in this regard.<\/p>\n<p>The judge&#8217;s order \u2062for the prosecutors to search for more evidence is\u2063 a positive development for Powell&#8217;s defense. It shows that the judge is committed to ensuring a fair trial and holding the prosecutors accountable for their obligations. The outcome of this case will have\u2063 significant implications for both Powell and the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/judge-to-order-prosecutors-to-look-for-more-evidence-helpful-to-sidney-powell-in-trump-georgia-case\/\" title=\"Judge orders prosecutors to find additional evidence supporting Sidney Powell in Trump Georgia case.\">broader legal \u2062landscape surrounding election challenges<\/a> and\u200d <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/breaking-exclusive-accurate-list-of-2020-election-fraud-cases-shows-81-cases-total-30-still-active-and-not-one-single-court-has-allowed-evidence-to-be-argued\/\" title=\"BREAKING EXCLUSIVE: Accurate List of 2020 Election Fraud Cases Shows 81 Cases Total, 30 Still Active \u2013 And NOT ONE SINGLE COURT Has Allowed Evidence to be Argued\">alleged election fraud<\/a>.<\/p>\n<p>In conclusion, the Georgia judge&#8217;s refusal to dismiss the\u2062 case against Sidney Powell,\u2064 coupled with his order for the \u2063prosecutors \u2063to search\u200b for additional evidence, \u2062highlights the importance of transparency and fairness in the legal process. It remains to be \u200bseen how this case\u200d will unfold, but it\u200b is clear\u2062 that the judge is determined to uphold the principles of justice and ensure a fair trial for all parties involved.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>the case against her is not yet strong enough. The judge&#8217;s decision means that the lawsuit will continue, but the burden of proof lies on the prosecutors to gather additional evidence. Ms. Powell&#8217;s defense team can now focus on strengthening their case, while the judge keeps a close eye on the proceedings.<\/p>\n","protected":false},"author":213,"featured_media":2058456,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","fifu_image_alt":"","footnotes":""},"categories":[543],"tags":[],"class_list":["post-2058455","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-epoch-times"],"fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2058455","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/213"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2058455"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2058455\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2058456"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2058455"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2058455"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2058455"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}