{"id":2235272,"date":"2024-05-02T08:19:02","date_gmt":"2024-05-02T12:19:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/did-fani-willis-indict-the-fulton-19-defendants-without-proper-jurisdiction\/"},"modified":"2024-05-02T08:23:24","modified_gmt":"2024-05-02T12:23:24","slug":"did-fani-willis-indict-the-fulton-19-defendants-without-proper-jurisdiction","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/did-fani-willis-indict-the-fulton-19-defendants-without-proper-jurisdiction\/","title":{"rendered":"Was Fani Willis&#8217;s Indictment of the &#8216;Fulton 19&#8217; Defendants Jurisdictionally Correct?"},"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\">22<\/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%2Fdid-fani-willis-indict-the-fulton-19-defendants-without-proper-jurisdiction%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=2235272&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--><p>The article \u2064discusses a motion in the Fulton \u2062County case regarding \u200b&#8221;election interference&#8221; involving Donald Trump and 18 defendants. One defendant, Harrison Floyd, has a significant role. The \u2063legal proceedings raise jurisdictional concerns, questioning the \u200cvalidity of the case. Floyd&#8217;s defense attorney challenges \u200dthe prosecutor&#8217;s jurisdiction, which, if ruled in Floyd&#8217;s favor, could dismantle \u200bthe case and expose the prosecutor to legal action.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<p><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><\/p>\n<div class=\"article-content\">\n<p>A motion filed in the Fulton County \u201celection interference\u201d case against Donald Trump and 18 codefendants, also known as \u201cThe Fulton 19,\u201d hasn\u2019t garnered much attention but has the potential to upend the entire case.<\/p>\n<p>Meet <a href=\"https:\/\/en.wikipedia.org\/wiki\/Harrison_Floyd\" target=\"_blank\" rel=\"noreferrer noopener\">Harrison Floyd<\/a>. He fought for his country as a marine, interned at the Heritage Foundation, was a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/report-president-biden-overruled-staff-to-stop-sanctions-against-the-nord-stream-2-pipeline\/\" title=\"REPORT: President Biden Overruled Staff To Stop Sanctions Against The Nord Stream 2 Pipeline\">senior staff member<\/a> on President Trump\u2019s 2020 campaign, and led a nationwide effort known as \u201c<a href=\"https:\/\/en.wikipedia.org\/wiki\/Black_Voices_for_Trump\" target=\"_blank\" rel=\"noreferrer noopener\">Black Voices for Trump<\/a>.\u201d<\/p>\n<div class=\"fdrlst__b89e9-paragraph-2-long d-flex justify-content-center\" style=\"margin-left: auto; margin-right: auto; text-align: center; \" id=\"fdrlst__b89e9-1865168416\">\n<div id=\"div-gpt-ad-1379703300879-0\" class=\"mb-30\"><\/div>\n<\/div>\n<div class=\"fdrlst__b89e9-d9d5401ff9ab901bb7b3683fe9973d14 fdrlst__b89e9-paragraph-2\" id=\"fdrlst__b89e9-d9d5401ff9ab901bb7b3683fe9973d14\"><\/div>\n<p>He is also one of the defendants <a href=\"https:\/\/int.nyt.com\/data\/documenttools\/georgia-indictment-trump\/daed97d37562a76f\/full.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">indicted<\/a> last year, along with President Trump, by Fulton County District Attorney Fani Willis. Floyd was charged with a violation of Georgia\u2019s Racketeer Influenced and Corrupt Organizations Act <a href=\"https:\/\/law.justia.com\/codes\/georgia\/2022\/title-16\/chapter-14\/section-16-14-3\/\" target=\"_blank\" rel=\"noreferrer noopener\">(RICO) statute<\/a>, \u201c<a href=\"https:\/\/law.justia.com\/codes\/georgia\/2020\/title-16\/chapter-4\/section-16-4-7\/\" target=\"_blank\" rel=\"noreferrer noopener\">solicitation of false statements and writings<\/a>,\u201d and \u201c<a href=\"https:\/\/law.justia.com\/codes\/georgia\/2020\/title-16\/chapter-10\/article-5\/section-16-10-93\/\" target=\"_blank\" rel=\"noreferrer noopener\">influencing a witness<\/a>,\u201d stemming from contact he had with Fulton County temporary election worker Ruby Freeman.<\/p>\n<p>In December of 2020, Floyd heard Freeman was seeking assistance. Unable to go to Atlanta himself, Floyd <a href=\"https:\/\/www.reuters.com\/world\/us\/trump-campaign-official-set-up-meeting-where-georgia-election-worker-was-2021-12-21\/\">asked<\/a> publicist Trevian Kutti, who at the time was working for Sen. David Purdue\u2019s reelection campaign, to <a href=\"https:\/\/apnews.com\/article\/2022-midterm-elections-voting-donald-trump-georgia-presidential-32a8e0d49541ea7ec6ca3a03dd0029ae\">speak<\/a> with Freeman.<\/p>\n<p>Following allegations that Freeman had introduced suitcases of illegal ballots and committed other acts of election fraud, she became wary of strangers. So when Kutti and Garrison Douglas, director of communications for the Georgia Republican Party, came to her home, she called the Cobb County police and asked them to arrange a meeting.<\/p>\n<p>The Georgia Record <a href=\"https:\/\/www.georgiarecord.com\/elections\/2022\/12\/25\/ruby-freeman-body-cam-admissions-revealed-in-the-georgia-ballot-scanning-scandal\/\" target=\"_blank\" rel=\"noreferrer noopener\">reports<\/a> that on the 911 call, and in person with the police present, Freeman \u201casked for the meeting to see what help [Kutti] could provide to her, to clear her name, to report on the coverup by the GA SOS [Georgia Secretary of State] and FBI, and to blow the whistle on improper ballot scanning and improper use of USB Ports by Fulton County election employees that occurred in and after the 2020 elections.\u201d<\/p>\n<div class=\"fdrlst__b89e9-ded7bc33103c663fe17b650233867eb4 fdrlst__b89e9-paragraph-6\" id=\"fdrlst__b89e9-ded7bc33103c663fe17b650233867eb4\"><\/div>\n<p>Floyd was then included in the meeting by phone, and about an hour-long conversation ensued in the presence of the police, still wearing bodycams.<\/p>\n<p>The indictment alleges that Kutti was recruited by Floyd \u201cfor the purpose of attempting to contact Ruby Freeman,\u201d which was allegedly \u201can overt act in furtherance of the conspiracy.\u201d It also accuses Floyd of \u201csolicitation of false statements and writings\u201d and \u201cinfluencing a witness\u201d based on his contact with Freeman.<\/p>\n<h2 class=\"wp-block-heading\">Floyd\u2019s Indictment<\/h2>\n<p>When Floyd was later indicted, he flew to Atlanta from his current home in Maryland and surrendered himself on Aug. 24, 2023. He expected to bond out quickly, as had the other defendants. To his surprise, he was jailed for 24 hours until Fulton County Magistrate Judge Emily Richardson held a bond hearing. She deemed him a \u201cflight risk\u201d even though he had voluntarily turned himself in, <a href=\"https:\/\/www.11alive.com\/article\/news\/special-reports\/ga-trump-investigation\/harrison-floyd-georgia-2020-election-rico-case-bond\/85-a4a4a305-43cd-4446-9526-7e483e3a13c2#:~:text=But%20Judge%20Emily%20Richardson%2C%20in,felonies%20if%20out%20on%20bail.\" target=\"_blank\" rel=\"noreferrer noopener\">denied him bond<\/a>, and ordered him to be held in the <a href=\"https:\/\/www.nbcnews.com\/news\/us-news\/man-died-severe-neglect-fulton-county-jail-bed-bug-infestation-autopsy-rcna85676\" target=\"_blank\" rel=\"noreferrer noopener\">Fulton County jail<\/a>, which is known to be dangerous and bedbug-infested.<\/p>\n<p>Following his confinement, a conservative uproar ensued, and a <a href=\"https:\/\/www.givesendgo.com\/Official_Harrison_Fund\" target=\"_blank\" rel=\"noreferrer noopener\">crowdfunding<\/a> effort was launched, raising more than $360,000 thus far for Floyd\u2019s legal defense. On Aug. 29, 2023, six days after his surrender, Judge Scott McAfee, who was assigned the case, set a bond of $100,000 as well as other conditions for his release. He was freed the next day.<\/p>\n<div class=\"fdrlst__b89e9-a391292b14ba634c90af767455bc80f0 fdrlst__b89e9-paragraph-10\" id=\"fdrlst__b89e9-a391292b14ba634c90af767455bc80f0\"><\/div>\n<p>Floyd\u2019s attorney Chris Kachouroff is a reputable and experienced libertarian attorney, and he launched a vehement, studious, and thought-provoking defense of his client. One of his first and ongoing concerns is that Willis has thus far failed to disclose the false statement(s) Floyd allegedly asked Freeman to make. In <a href=\"https:\/\/www.lawfaremedia.org\/current-projects\/the-trump-trials\/trump-prosecuted-in-fulton-county\/docket-watch-trump-prosecuted-in-fulton-county\" target=\"_blank\" rel=\"noreferrer noopener\">motions to the court<\/a>, Kachouroff has been trying to get Judge McAfee to compel the district attorney to disclose that information so his client can defend himself against her claim.<\/p>\n<h2 class=\"wp-block-heading\">Dispute over Jurisdiction<\/h2>\n<p>Kachouroff recently did an <a href=\"https:\/\/www.youtube.com\/live\/IdOos-bUD20?si=UO4iuL8_yihJsOOv\" target=\"_blank\" rel=\"noreferrer noopener\">interview<\/a> with Cobb County Attorney Philip A. Holloway, who has been following the case closely and knows many of the people involved in it. In that interview, Kachouroff explained another major issue: In his view, and arguably that of the law, the proper jurisdiction for election-related violations lies with the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/breaking-president-trump-and-gop-senator-thom-tillis-win-north-carolina-decision-desk-hq\/\" title=\"BREAKING: President Trump and GOP Senator Thom Tillis Win North Carolina: Decision Desk HQ\">state election board<\/a>.<\/p>\n<p>In reviewing the indictment, he discovered Willis had attempted to proactively justify her jurisdiction to bring the case, which led him to question that assertion. He described a letter Willis wrote to the court as he paraphrased Willis\u2019 argument saying that \u201cthe rest of the state, the secretary of state, and the governor, they\u2019re all <a href=\"https:\/\/www.youtube.com\/live\/IdOos-bUD20?si=pRNpdR1cVqGU_gaN&#038;t=3701\" target=\"_blank\" rel=\"noreferrer noopener\">compromised<\/a>\u201d and elaborated with, \u201cI\u2019m the only one left standing, that can investigate this.\u201d After examining the whole issue more thoroughly, he discovered she may not have the jurisdiction she thought she had.<\/p>\n<p>Kachouroff explained that he had filed a motion challenging Willis\u2019 jurisdiction with Judge McAfee, but it was denied. The judge ruled that the district attorney\u2019s office had \u201cshared jurisdiction,\u201d but he later granted Floyd\u2019s <a href=\"https:\/\/s3.documentcloud.org\/documents\/24497974\/150-motion-03-20-2024.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">motion for immediate review<\/a> of that issue by the Georgia Court of Appeals.<\/p>\n<p>As the interview continued, Holloway and Kachouroff reviewed his <a href=\"https:\/\/www.youtube.com\/live\/IdOos-bUD20?si=5XEu0bsWq-vmQaH1&#038;t=3488\" target=\"_blank\" rel=\"noreferrer noopener\">motion<\/a> to appeal that issue and turned their focus to a subtle but important issue with McAfee\u2019s position. They argued that part of the reason the state election board has sole jurisdiction is so they can decide where to refer a case for prosecution, which could be to the state\u2019s attorney general\u2019s office or one of Georgia\u2019s 54 district attorneys.<\/p>\n<p>Kachouroff\u2019s central argument is that if district attorneys are free to bring a case independent of that election board process, nothing prevents multiple DAs from duplication or \u201cfragmentation of investigative activities\u201d as they try to bring, or decide not to bring, their own variants of what is essentially the same case.<\/p>\n<p>Hollaway responded by arguing that the DAs are already fragmented, stating frankly, \u201cWe\u2019ve got DAs across the state that would say that Fani Willis\u2019 indictment of Harrison Floyd and the others is bullsh-t. They would say it in a heartbeat if they felt they could.\u201d<\/p>\n<p>Here\u2019s where this gets <em>very<\/em> interesting: According to Kachouroff, if the court of appeals or the Georgia Supreme Court were to rule in Floyd\u2019s favor, it would mean Willis indicted the defendants <em>without proper jurisdiction<\/em>. Not only would that cause her entire case to crumble like a house of cards, but such a ruling would also remove her immunity. This would leave her and Fulton County vulnerable to a multimillion-dollar lawsuit for violating the civil rights of each of the defendants.<\/p>\n<h2 class=\"wp-block-heading\">Where Does the Case Go from Here?<\/h2>\n<p>Floyd remains unwavering in asserting his own innocence and does not believe he deserved the treatment he received. In a recent <a href=\"https:\/\/www.youtube.com\/live\/fWdKOiJ-dF8?si=DQIwk-CZWJXoB0z1\" target=\"_blank\" rel=\"noreferrer noopener\">interview<\/a> on \u201cThe Real Dana\u201d YouTube Channel, Judge Joe Brown noted that Willis is often \u201cout there complaining about how she gets treated so badly because she\u2019s black, and she\u2019s black in charge of the prosecution in Fulton County.\u201d<\/p>\n<p>He added, \u201cAnd you\u2019re the only black person that got caught up in this and you couldn\u2019t get a bond. Oh, that\u2019s interesting.\u201d<\/p>\n<p>Floyd responded by naming a number of black leaders in Atlanta, adding, \u201cThey just can\u2019t seem to make things happen, and most importantly, keep black folks safe in the Fulton County jail,\u201d referencing his own week-long confinement.<\/p>\n<p>I empathize with Floyd and the kind of lawfare he is dealing with. On Christmas Eve in 2020, I was served with a federal lawsuit alleging I had violated Section 11 (b) of the Voting Rights Act by challenging voters with residency issues. That led to a three-year battle with Stacey Abrams\u2019 Fair Fight organization and her notorious attorney Marc Elias. Around the same time Harrison was indicted, my case was being prepared for trial. We <a href=\"https:\/\/thefederalist.com\/2024\/01\/04\/court-2020-challenges-to-georgias-voter-rolls-do-not-constitute-voter-intimidation\/\" target=\"_blank\" rel=\"noreferrer noopener\">won that case<\/a> in January, but his ordeal may still be in the beginning stages.<\/p>\n<p>I asked Harrison how he feels about the current status of the case and, aside from his desire to prove his innocence, what he hopes will come out of it all. He first said he hopes his case brings even more focus on the deplorable conditions in the Fulton County jail, where <a href=\"https:\/\/www.courthousenews.com\/georgia-senate-confronts-overcrowding-and-deaths-at-troubled-fulton-county-jail-in-atlanta\/\" target=\"_blank\" rel=\"noreferrer noopener\">10 inmates died last year<\/a> and <a href=\"https:\/\/www.atlantanewsfirst.com\/2024\/04\/10\/another-inmate-dies-fulton-county-jail-third-death-this-year\/\" target=\"_blank\" rel=\"noreferrer noopener\">three more this year<\/a>. <\/p>\n<p>He added, \u201cThere are black folks and low-income people of all races getting stuck in that hell hole without bond. They say you get a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/attorney-for-pro-bono-criminal-defense-project-eyeing-january-6-cases\/\" title=\"Attorney For Pro Bono Criminal Defense Project Eyeing January 6 Cases\">court-appointed lawyer<\/a>, but for many of those people that just doesn\u2019t happen. But rich folks waltz in there and then they\u2019re right back out.\u201d<\/p>\n<p>He then expressed his gratitude for the outpouring of support he has received from the public. He also spoke about a veteran-led organization he helped found called the \u201c<a href=\"https:\/\/statesmenproject.com\/\" target=\"_blank\" rel=\"noreferrer noopener\">Statesmen Project<\/a>,\u201d which aims to combat issues negatively affecting our judicial system, including lawfare, by \u201cadvancing justice through strategic litigation.\u201d<\/p>\n<div class=\"fdrlst__b89e9-17f01dfbf50635c20a71fbf59d693fc4 fdrlst__b89e9-after-post-content\" id=\"fdrlst__b89e9-17f01dfbf50635c20a71fbf59d693fc4\"><\/div>\n<hr class=\"wp-block-separator\">    \t\t\t\t\t   \t\t\t\t\t\t\t\t\t<\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>In the Fulton County &#8220;election interference&#8221; case, a motion filed against Donald Trump and 18 codefendants, dubbed &#8220;The Fulton 19,&#8221; could have a significant impact. Meet Harrison Floyd, a former Marine with experience at the Heritage Foundation, critical to the case&#8217;s development<\/p>\n","protected":false},"author":2711,"featured_media":2235273,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/05\/Screenshot-2024-05-01-at-4.35.38%E2%80%AFPM.png","fifu_image_alt":"","footnotes":""},"categories":[546],"tags":[],"class_list":["post-2235272","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-federalist"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/05\/Screenshot-2024-05-01-at-4.35.38%E2%80%AFPM.png","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2235272","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\/2711"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2235272"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2235272\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2235273"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2235272"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2235272"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2235272"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}