In the Georgia criminal case against Donald Trump, a judge granted co-defendant Harrison Lloyd’s request to argue that the district attorney overstepped her authority in bringing election-related racketeering charges against him.
Judge McAfee ruled Lloyd could seek appellate review, contradicting prior decisions upholding the DA’s jurisdiction.
Lloyd’s attorneys argue the DA required a referral from state election officials to pursue election charges, and failing to get one rendered the relevant statute meaningless.
“It is undisputed that no referral was sought nor granted,” Lloyd’s motion reads. “Despite this Court’s explanation of ‘harmony’ amongst these statutes, to hold that the District Attorney holds concurrent jurisdiction with the SEB, and that a referral from the SEB to the District Attorney is not necessary in election-related cases, renders O.C.G.A. § 21-2-35 absolutely meaningless and superfluous.”
They now have 10 days to appeal to the Georgia Court of Appeals, which will then have 45 days to consider whether Judge McAfee properly applied the law in an area defense claims conflicts with allowing the DA broad power without grand jury involvement.
“What’s going on in that jail, I’ve seen worse conditions in Iraq,” Lloyd said. “When I went to my cell for the first time, there was fecal matter smeared on one of the walls. The first morning that I woke up, the guy in the cell next to me was being tased.”
“I’m just grateful that I served in the United States Marine Corps infantry and I’ve dealt with worse,” he said.
Previously, Lloyd had been jailed in conditions he likened to a third world country, with fecal matter in his cell and inmates being regularly tasered.
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