Georgia Election Defendant Won’t Go To Jail After Prosecutors Asked For Bail To Be Revoked, Judge Rules

2 weeks ago

Topline

A Georgia authorities judge declined to revoke bail for Harrison Floyd, a suspect successful nan Fulton County criminal lawsuit complete attempts to overturn nan 2020 election, aft prosecutors based on Floyd should beryllium detained complete his inflammatory societal media posts — a ruling that could beryllium bully for erstwhile President Donald Trump arsenic he continues to likewise spell aft his critics.

Harrison poses for his booking photograph connected August 24 successful Atlanta, Georgia.

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Key Facts

Fulton County Judge Scott McAfee near unfastened nan anticipation of tightening nan connection successful Floyd’s enslaved information aimed astatine protecting group progressive successful nan lawsuit who Floyd had made disparaging comments about, saying nan tribunal must equilibrium nationalist information pinch “the correct of nan accused.”

Floyd, who served arsenic a leader for nan group Black Voices for Trump, is 1 of 19 defendants—including Trump—who were charged pinch trying to overturn nan battleground state’s predetermination results, pinch prosecutors indicting Floyd connected 3 charges stemming from alleged efforts to intimidate Georgia predetermination worker Ruby Freeman and power her testimony.

Floyd was released connected enslaved aft concisely being held successful detention upon turning himself into authorities, but Fulton County District Attorney Fani Willis asked nan tribunal successful November for Floyd’s bail to beryllium revoked, citing an alleged “pattern of intimidation” toward co-defendants and witnesses successful nan case, which violates conditions of his merchandise that barroom him from intimidating witnesses.

Prosecutors cited a bid of inflammatory societal media posts Floyd made, including tweets astir Freeman, ex-Trump lawyer and erstwhile co-defendant Jenna Ellis — which painted her arsenic a liar — and Georgia Secretary of State Brad Raffensperger and predetermination charismatic Gabriel Sterling, referring to nan 2 officials utilizing nan poop emoji and saying Raffensperger “needs to telephone his lawyer” and is “about to spell done immoderate things.”

Floyd’s attorneys powerfully protested nan allegations, denying immoderate of his posts represent witnesser intimidation and arguing prosecutors ne'er notified Floyd that his posts were a problem — and moreover offered him a plea woody — earlier bringing his motion, and that revoking his enslaved based connected nan posts would break his First Amendment rights.

What To Watch For

Floyd and nan different defendants successful nan Georgia case, including Trump, aren’t apt to look proceedings connected nan charges against them until adjacent year, pinch Willis requesting a proceedings day of August 5, 2024. The tribunal hasn’t yet ruled connected Willis’ petition and it’s unclear erstwhile a last day will beryllium determined. Four of nan 19 original defendants successful nan proceedings person already taken plea deals, though it remains to beryllium seen if immoderate much will travel suit, and Floyd’s tribunal filing up of Tuesday’s proceeding suggests he rejected a general plea woody from prosecutors. All nan remaining defendants successful nan case, including Floyd, person pleaded not blameworthy to nan charges against them.

What We Don’t Know

How McAfee’s ruling successful Floyd’s favour could effect Trump. Like Floyd, Trump has gone aft his critics connected societal media, and nan ex-president has already had gag orders imposed against him successful 2 cases (though some are presently connected region pending appeals tribunal rulings). Floyd’s lawyer noted successful their filing earlier Tuesday’s proceeding that Trump’s enslaved conditions specifically mention not intimidating witnesses done societal media while Floyd’s do not, arguing, “A reappraisal of President Trump’s societal media posts make nan State’s determination to spell aft Harrison Floyd difficult to justify.” McAfee’s willingness to spare Floyd successful spite of his societal media posts could propose nan judge would do nan aforesaid pinch Trump — though nan truth that societal media is specified successful nan ex-president’s enslaved conditions could besides mean location would beryllium a little barroom for Trump to beryllium punished for his posts than Floyd.

Surprising Fact

Floyd is nan only suspect successful nan Fulton County lawsuit who was held successful detention earlier being released connected bond, arsenic each different suspect negotiated enslaved deals pinch prosecutors anterior to turning themselves in. He yet spent 5 nights successful jailhouse earlier being released connected a $100,000 bond.

Key Background

Floyd, Trump and nan different co-defendants were indicted successful Fulton County successful August pursuing a yearslong investigation by Willis’ office, bringing 41 full charges against nan 19 defendants. Willis alleged nan defendants constituted a criminal endeavor who “knowingly and willfully joined a conspiracy to unlawfully alteration nan result of nan predetermination successful favour of Trump,” bringing racketeering charges against each suspect that transportation a maximum situation condemnation of 20 years successful summation to different charges. Floyd’s alleged efforts to power Freeman — who was astatine nan halfway of a mendacious conspiracy mentation pushed connected nan far-right astir predetermination fraud — were portion of a broader effort by Trump and his friends to flip nan predetermination results, which besides included alleged efforts to unit authorities legislators and officials, breach predetermination information infrastructure and interfere pinch Congress’ counting of nan ballots done a “fake electors” strategy successful which GOP officials submitted an alternate slate of electors claiming Trump won nan state. The indictment marks nan 4th group of criminal charges against Trump and is 1 of 2 nan erstwhile president faces complete his efforts to overturn nan election, but marks nan first lawsuit successful which nan ex-president’s friends person besides faced criminal charges for their post-election activities.