ByFulton County Superior Judge Scott McAfee looks through paperwork during a jury questionnaire hearing in his courtroom at the Fulton County Courthouse on Monday, Oct. 16, 2023, in Atlanta.
Rather than asking whether prospective jurors can be fair and impartial toward Powell and Chesebro, defense attorneys proposed asking about their specific opinions on the two. Most people, when asked if they can be fair and impartial, will instinctively say yes, Powell attorney Brian Rafferty told the judge.
Defense attorneys also wanted to include a string of questions about whether potential jurors believe Trump and his associates tried to steal the election and what they think about people who spread misinformation or tried to help overturn the election. Bernick argued those questions were basically meant to test defense theory and see what jurors are receptive to before putting on their case.
In his order separating Powell and Chesebro's cases from the others, McAfee said he will try to have their jury seated and sworn by Nov. 3, “to eliminate any doubts that the statutory speedy trial deadline has been met.” Under Georgia law, a defendant who files a demand for a speedy trial has a right to have a trial begin within the court term when the demand is filed or in the next court term.
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