Atlanta prosecutors building the case to imprison former president Donald Trump for his efforts to overturn the 2020 election had been struggling to stop leaks to journalists before trial. The leaked videos were what prompted the judge to call an emergency hearing that day.
Jonathan R. Miller III, an attorney representing a fired county election employee charged with taking part in Trump's alleged efforts to meddle with the election results in Georgia, revealed that he leaked the video that caused a news firestorm this year.
Last November, ABC released videos featuring former MAGA-loyal lawyers Sidney Powell and Jenna Ellis giving damning details to prosecutors for their recent plea deals to turn on Trump.
Fulton County District Attorney Fani Willis promptly had her team renew an urgent request for the judge to seal off access to documents shared between law enforcement and defendants before trial, leading to a court hearing.
More than a dozen defense lawyers representing many of the case's 19 defendants took turns agreeing to keep things quiet, until Miller spoke up. Miller told the judge that he, "with all candor," released the videos to a media outlet.
The unexpected admission triggered a spirited discussion about the American public's growing interest in the historic case, especially since it could disrupt the 2024 election by forcing the leading Republican presidential candidate into an extended criminal trial next year.
Miller defends his action
Miller defended his decision to leak the proffers, which are sitdowns with prosecutors that are akin to confessions, by telling the judge that the videos "added missing context to the public’s perception of the case."
"Judge, all four of those people who did their proffers. They stood in front of you. They did their plea. It was all recorded… to hide those proffers that show all the underlying things that went into those pleas misleads the public about what's going on," explained Miller.
Miller also claimed that the videos actually helped instead of hurt his client and that the public needed to know about the proffers. (Related: We are the WHITE HATS who must RESCUE the Republic – (feat. Steve Bannon).)
Miller represents Misty Hampton, who was fired from her position as the elections officer supervisor in Georgia’s rural Coffee County. Hampton reportedly allowed a group of people to illegally access voting system computers in an attempt to look for evidence of election fraud.
This covert mission, according to Fulton County prosecutors, was coordinated by Sidney Powell, a lawyer who filed lawsuits across the country seeking to overturn the 2020 election results to favor Trump. Powell’s proffer session with prosecutors was included in the videos Miller leaked to ABC News.
Miller failed to convince the judge that journalists should have access to the videos before trial. The judge expressed concern about "having open files to have people start litigating the case before we’re inside a courtroom."
However, Miller insisted that revealing some evidence would counter the way his client was getting vilified in the press.
"This is a very, very public trial. We all know that. That allows the DA’s office to set the tone to the entire trial without giving consideration to the other side of the coin. The public has a right to know," said Miller.
A lawyer representing media companies agreed with Miller and voiced opposition against any restrictions. In response, prosecutors reiterated their concerns about their evidence being leaked to the public during the course of the trial.
While Fulton Superior Court Judge Scott McAfee acknowledged that there is little precedent for a "blanket" restriction on that kind of information, he seemed to side with the DA's office.
McAfee did not seem inclined to punish Miller for leaking the videos.
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