As part of a plea deal, one of former President Donald Trump’s attorneys has told prosecutors in Georgia that she was informed in the wake of the 2020 election that Donald Trump was “not going to leave” the White House – despite the fact that he had already lost the election and most of his subsequent challenges.
The revelation, along with others, came during a confidential interview the attorney, Jenna Ellis, had with Fulton County investigators. ABC News has obtained portions of videos of the proffer sessions of both Ellis and Sidney Powell, two attorneys who aided Trump’s efforts to overturn the election. The videos for the first time reveal details of what they have told law enforcement since agreeing to cooperate last month in the district attorney’s election interference case.
Ellis, in her proffer session, informed prosecutors that senior Trump White House official Dan Scavino told her “the boss” would refuse to leave the White House despite losing the election, and alluded to two other instances she said were “relevant” to prosecutors – but appeared to be prevented from disclosing those in the video portions obtained by ABC News due to attorney-client privilege, which hindered portions of her proffer.
Someone else made the point that these videos were recently released to the defense as part of discovery. I wonder if they were smart enough to watermark the video. If it can be proven that the videos that were released were edited from files that were directly given to defense lawyers, then I expect those lawyers are in for a world of hurt.
Maybe they are expecting to be pardoned in the next administration, though.
I don’t think watermarking would be helpful. If you’re the prosecution and you hand over watermarked evidence, but also want to leak evidence to the public, then you’d almost certainly use the version you watermarked. As we saw with the SCOTUS leaks, it’s really hard to detect the source of court leaks.
But I don’t think this helps the prosecution at all, in fact it may hinder being able to being this evidence at trial. And doesn’t all this discovery material need to be kept secret? The court should be very motivated to find out where this leak came from. If they can’t plug it, then this won’t be the last leak, and there will be no way to hold a fair trial.