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Fani Willis outlines part of her trial strategy in Georgia election subversion case with witness list

2023-09-20 21:58
Fulton County District Attorney Fani Willis has revealed parts of her trial strategy for the Georgia election subversion case in a new court filing Wednesday that identified some of her key witnesses.
Fani Willis outlines part of her trial strategy in Georgia election subversion case with witness list

Fulton County District Attorney Fani Willis has revealed parts of her trial strategy for the Georgia election subversion case in a new court filing Wednesday that identified some of her key witnesses.

Pro-Donald Trump lawyer Lin Wood is a "witness for the state" in the Georgia election subversion case, as are four of the fake Donald Trump GOP electors, Willis revealed Wednesday.

The reference to Wood was buried in a new court filing by the DA's office that raised potential conflicts of interest for six defense attorneys because they previously represented witnesses or other defendants in related proceedings.

As a witness, Wood could be subject to cross-examination by his former attorney and co-counsel who is now representing former Justice Department official Jeffrey Clark in the Georgia RICO probe -- creating a potential conflict of interest.

Wood, a prominent right-wing attorney and election denier, filed a series of meritless lawsuits after then-President Donald Trump lost the 2020 election, which were filled with debunked theories about massive voter fraud that went nowhere in the courts.

He was never formally part of the Trump campaign's legal team, though he promoted the same baseless claims that Trump embraced and could shed light on efforts to upend the election results in Georgia.

Wood did not respond to a request for comment from CNN, but told the Atlanta Journal-Constitution he has been notified he will be subpoenaed by prosecutors.

"I didn't flip on President Trump. That's just pure nonsense," Wood said. "I wouldn't have any knowledge to flip on him."

Willis' team also confirmed in the court filing that four of the Georgia fake electors are now witnesses for the prosecution. CNN previously reported that several fake electors struck cooperation deals with Willis' team -- the new filing confirms which GOP electors are now "witnesses for the state."

The filing says fake GOP electors Vikki Consiglio, Gloria Godwin, James Carroll, and Carolyn Fisher "are witnesses for the state." None of them have been charged in the sprawling criminal case.

The filing also says another prosecution witness is CJ Pearson, who was originally part of the pro-Trump slate of electors and was spotted by CNN at the Georgia state capitol on the day that the GOP electors met -- but later backed out of process.

He was replaced in the slate of Trump electors by Burt Jones, who is now the lieutenant governor of Georgia. Jones' actions surrounding the 2020 election are the subject of a pending investigation by a special prosecutor that is separate from Willis' team.

The filing on Wednesday also said Georgia Secretary of State Brad Raffensperger and former Georgia Lt. Governor Geoff Duncan are witnesses for the prosecution. The two Republicans have been outspoken against Trump's efforts to overturn the 2020 election and have previously testified in the many subsequent investigations. Duncan is a CNN contributor.

Possible conflicts of interest

Willis also said at least six defense attorneys in the case may have conflicts of interest because they previously represented witnesses or other defendants in related proceedings, according to the filing.

Prosecutors say several defense attorneys could have a conflict of interest because they previously represented Raffensperger, whose January 2021 phone call with Trump is a core part of the sprawling conspiracy case.

Among them is Scott Grubman -- the attorney for defendant Kenneth Chesebro, who is set to go to trial in October. Grubman previously represented Raffensperger during the special purpose grand jury investigation that preceded the indictment of Trump and 18 co-defendants, including Chesebro.

The district attorney's office says Raffensperger is a witness for the state, making Grubman's representation of Chesebro a potential conflict of interest.

The DA is asking the judge to review the potential conflicts of interest identified in the court filing and take any steps deemed appropriate to preserve the rights of both defendants and witnesses in the case.

This story has been updated with additional developments.