Co-defendant in Trump Georgia case says Willis initiated prosecution without proper jurisdiction

Fulton County, Georgia, District Attorney Fani Willis has been in the news for all the wrong reasons for months, and yet another controversy is emerging regarding her prosecutorial pursuit of former President Donald Trump and others.

As The Federalist reports, a motion has been filed in the election interference case against Trump and 18 co-defendants, which, if successful, could throw the entire matter into a tailspin and put Willis in the hot seat once again.

Floyd's 2020 conduct

The motion at issue has been brought by Harrison Floyd, one of Trump's co-defendants, who served as a senior staffer on the 2020 presidential campaign and headed an organization called “Black Voices for Trump.”

Charged with violating Georgia's Racketeer Influenced and Corrupt Organizations Act (RICO) and other offenses, Floyd is accused of improper conduct relating to Fulton County election worker Ruby Freeman.

Freeman had allegedly engaged in election fraud and sought help to clear her name and to, according to the Georgia Record, “blow the whistle on improper ballot scanning and improper use of USB ports by Fulton County election employees.”

Floyd was said to have recruited another individual to connect with Freeman as “an overt act in furtherance of the conspiracy” to solicit “false statements and writings” and to improperly influence a witness.

Attorney makes his case

Upon his indictment, Floyd traveled from Maryland to Georgia and surrendered to authorities, expecting to promptly receive a bond.

However, he was held pending a hearing, at which he was declared a flight risk and denied bond, which prompted conservative outrage and a crowdfunding effort which eventually led to his release.

His attorney, Chris Kachouroff, soon began formulating a series of defense strategies, with one centering on questions about Willis' jurisdiction to bring the case in the first place.

In Kachouroff's estimation, the appropriate jurisdiction for the sort of offenses alleged in the case is the state election board, not Fulton County through its D.A.

Where things stand

Though Kachouroff filed a motion alleging that Willis lacked jurisdiction, Judge Scott McAfee rejected his argument, but permitted him to seek immediate Court of Appeals review.

Should Kachouroff's contention prevail at the Appeals Court level, Willis' entire case would collapse, and she would be susceptible to civil lawsuits for violating the defendants' rights. Given that she is already under a host of other investigations, including one concerning alleged mismanagement of funds, it appears that the D.A. has plenty of reasons to worry these days.