When folks ask why Sidney Powell pled guilty in Fulton County, yes, the risk of felony convictions was surely on her mind. But also weighing on her? Ongoing civil litigation, including Dominion's suit. 1/
Powell tried to dismiss that case, but in August 2021, a D.C. federal judge rejected her motion to dismiss entirely. 2/
More recently, on October 4, just 19 days out from the start of her criminal trial in Fulton County, Powell asked for a 60-day stay of discovery in the Dominion case. She noted that responding to discovery or appearing for a deposition could implicate her Fifth Amendment rights. 3/
But with Dominion having responded only yesterday, and Powell losing all of her pretrial motions before Fulton County Superior Court Judge Scott McAfee, it was clear that civil case would likely go on during her criminal trial. And the $$ at risk in that case could have been a big incentive for Powell to plead.
p.s. Powell pled guilty to six counts of conspiring to interfere with Misty Hampton's performance of her election-related duties in Coffee County. Her plea is largely irrelevant to the claims in Dominion's defamation and deceptive trade practices suit. 1/
On the other hand, if her criminal trial had gone forward, there could have been much more overlap between the DA's evidence against her and Dominion's suit.
For example, one of the overt acts in furtherance of the alleged conspiracy in the Fulton County indictment is the Nov. 19, 2020 press conference in which Powell, Rudy and others "made false statements concerning fraud" in the '20 presidential election in GA.
Remarks made by Powell during that press conference are among the allegedly defamatory statements she made about Dominion that are at issue in its ongoing lawsuit. The complaint is here:
Fulton County Judge Scott McAfee to Sidney Powell, during her plea hearing this morning: "You're also to provide a recorded proffer with the state, which you've already satisfied. You're to testify truthfully, against any and all co-defendants in this matter at any upcoming proceedings." 1/
But that's not all. He continued, "You are not to have any communication with any witness, any co-defendant or any member of the media concerning the facts or circumstances of this case." 2/
"And you are to provide all documents to the district attorney's office as requested and relevant to this case." 3/
Just a reminder that on the 12/27/20 phone call where Trump told the acting Attorney General & his deputy to "just say that the election was corrupt and leave the rest to me & the R. congressmen," Trump also singled out one of those members, a "fighter" named Jim Jordan. 1/
That deputy's handwritten notes from the call reflect that Jordan, the fighter, complained to Trump, in the aftermath of the 2020 election, "We're like [a] 3rd world country." 2/
The deputy, Richard Donoghue, also testified to the Jan. 6th committee about that call and his notes, explaining Jordan was "trying to find out what happened with regard to these various fraud allegations and that they were doing what they could *but that their authority was limited.*" 3/
NEW: Jeff McConney’s not only done with his direct testimony; the various Trump lawyers say they don’t plan to cross him now but could call him in their own case. And that means Tuesday at 10 am, Allen Weisselberg will enter the chat.
I want to clarify: By not crossing him, that doesn’t mean Trump’s lawyers are done with McConney. But they don’t see him as a witness friendly to the government, nor should they. At times, he was reticent or evasive. 2/
In fact, he initially denied knowing that his putting Weisselberg’s wife on the Trump Org. payroll so she could qualify for Social Security benefits was illegal. Amer was ready, however, with a transcript from the Trump Org. criminal trial where McConney admitted that he did it and knew it was not lawful. 3/
Next week, Trump’s civil fraud trial will be off Monday, and his deposition in the Cohen matter is now canceled too, thanks to his purported “temporary” withdrawal of the case. But the Trump legal calendar is still jam-packed. 1/
On 10/9, Trump’s pre-trial motions are due in the DC election interference case. That would include any motion to dismiss or motion to limit the evidence at trial. Trump’s team has asked to move this deadline by a couple of months, but Judge Chutkan has not yet ruled. 2/
On 10/12, Florida federal judge Aileen Cannon will hold two hearings on the alleged conflicts of interest for two of Trump’s co-defendants’ counsel: Stan Woodward, Walt Nauta’s lawyer, and John Irving, who represents Carlos DeOliveira. 3/
The cameras have largely left. The crowd control fences have come down; there is no magnetometer outside the courtroom (on top of the usual courthouse security). But make no mistake: What is happening to Trump in a New York courtroom still matters. A lot. 1/
Yesterday, the AG’s office began their direct examination of now-retired former Trump Org. controller — and defendant — Jeff McConney. For years, McConney was the principal provider of information that was plugged into the statements of financial condition. 2/
And some of the admissions they elicited were shocking. McConney wrote, for example, in a spreadsheet shared with Trump’s accountants that the basis for valuing a downtown commercial building was a telephone conversation he had with a specific appraiser. 3/
TRUMP TRIAL, day 3, continued: Though Donald Bender is still on cross, the parties have agreed to interrupt his testimony to accommodate witness 2, Cameron Harris. 1/
As we await Harris’s arrival in the courtroom, Engoron took a moment to celebrate “a very important day,” the birthday of assistant AG Kevin Wallace. 2/
(And while I always welcome a judge with levity, calling Wallace’s birthday “important” was maybe not the best choice of words for a judge already accused of favoritism.)