Thread by @PhilHollowayEsq

BREAKING: 🚨🚨

Trump lawyers respond to #FaniWillis' objection to the cell phone evidence offered to show Willis and Wade lied to the court

"The State protests that the defense is somehow not entitled to present expert testimony regarding the cell site location information (CSLI) as they allege that the defense failed to comply with this Court’s Standing Discovery Order that mandates prior notice to the opposing party of a party’s intention to introduce expert testimony and because they claim that defense has not precleared the evidence through the process of a Daubert hearing. However, neither of those preconditions apply here because the CSLI information that the defense intends to introduce through the testimony of Mittelstadt is not being offered through expert testimony and Mittelstadt will not be offering any opinion testimony"

Brutal footnote:

"The State’s last-ditch claim on page 9 of its response that the defense obtained the cell phone records at issue illegally is patently frivolous. The records were obtained by valid subpoena issued to AT&T. As the State hopefully knows, defense counsel cannot apply for a search warrant and a subpoena does not require probable cause to be issued"

"There is clear authority that cell tower evidence – linking a particular phone with a particular cell tower at a particular time – can be established through the cell phone records without any witness testifying"

"Mittelstadt used CellHawk instead of Cellebrite. His testimony will mirror the testimony offered in Georgia courts and courts throughout the country: when one uses a cell phone either by texting, or calling/receiving a call, or by simply having the cell phone on so that it is constantly pinging, a cell tower nearby will receive and record the ping. This evidence simply shows the approximate location of the cell phones based on the nearby cell towers"

"The prosecution will surely point out that nobody knows what was happening in the house between midnight and 3:28 a.m. on September 12, or between midnight and 5:00 a.m. on November 30. Mittelstadt does not claim to know. Neither does President Trump or any other defendant in this case. Only two people know. They are certainly the ones who should testify and say exactly what was happening on those occasions, so nobody will complain about improper speculation, or improper efforts to distort the truth, or nefarious contacts with the media"

"it is highly significant that the State’s response did not even attempt to challenge the CSLI evidence regarding September 11-12, 2021 or November 29-30, 2021.3 The defendants’ business record CSLI evidence is admissible and Mittelstadt stands ready to testify as reflected in his affidavit"

Another brutal footnote:

"The State’s response also fails to factor in that the more extensive data for the two dates, including the CellHawk generated animated map which details every cell tower hit along the route of travel, demonstrates Wade's phone traveling to and remaining at the Dogwood address (Yearti condo) geofence during times when clubs, restaurants, and the Porsche experience are most likely not even open for business.

Nor does the State chose to inform the Court that this is the same data that Fulton County District Attorney's Office routinely relies upon to obtain convictions, and thus any suggestion that this data is unreliable is disingenuous at best"

"Either party is entitled to offer evidence that contradicts the testimony of a witness

The witnesses in this case – both Wade and Willis – testified that their romantic relationship did not begin until March or April of 2022 and that they had never spent the night together prior to the Spring of 2022. The evidence offered by the defense to refute this testimony – the CSLI – is admissible pursuant to § 24-6-621"

Here, they essentially allege #FaniWillis and Wade lied under oath

"the CSLI records that demonstrated that Willis and Wade spent two nights together on dates that contradicted their version of events concerning the inception of their romantic relationship and in contrast to their testimony that they never spent the night together at the Hapeville condominium"

"Given the testimony of Wade and Willis that they never spent the night together at the Hapeville condominium, the evidence – actual record evidence, not just an opinion or speculation – that proves that while talking on the phone with DA Willis, Wade drove from near his house to a location near her condo (if not exactly to her condo) at midnight, where he then remained for five hours – not once but twice in two months"

Here's the direct claim that #FaniWillis and Nathan Wade lied, more likely than not

"[They] ended up at a location near or at her condominium for five hours makes more than just one fact more likely than not: (1) they spent the night together on those two occasions; and (2) their romance began before Wade was hired. One more fact is also more likely true than not: (3) neither of them testified truthfully at the hearing on February 15"

Here's a link to the entire document:

documentcloud.org/documents/2444…