Potential Conflict of Interest Arises in Ongoing MAGA Election Interference RICO Prosecution

The recurring issue of the same lawyers representing multiple actors within the MAGA faction has once again raised eyebrows. Fulton County District Attorney (FCDA) Fani Willis recently brought to the attention of Judge Scott McAffee that six defense attorneys in the ongoing election interference RICO prosecution had previously defended witnesses in the same case. She emphasized this via communications with attorneys Christopher Scott Anulewicz, Amanda Rourk Clark Palmer, Scott Robert Grubman, Harry W. MacDougald, Bruce H. Morris, and Donald Franklin Samuel, all of whom had previously represented defendants or state witnesses in this matter. The notification was issued in line with the Georgia Rules of Professional Conduct’s obligation to inform the court about potential conflicts, according to information shared by prosecutors in a document.

In the special purpose grand jury (SPGJ) investigation that preceded the indictment, the FCDA examined 75 witnesses. Among these were former Georgia Lieutenant Governor Geoff Duncan and members of the Georgia General Assembly. The latter were represented by Clark Palmer and Samuel, who currently act as counsel for defendant Ray Stallings Smith III. Clark Palmer previously represented Sullivan Strickler, an IT firm implicated in voting machine breaches in Coffee County, allegedly commanded by defendants Cathy Latham and Sidney Powell.

Scott Grubman, attorney to defendant Ken Chesebro—alleged architect of the fake electors scheme—had formerly represented Secretary of State Brad Raffensperger and his wife Patricia before the SPGJ. Raffensperger is slated to appear as a state witness in this case and has previously testified at Mark Meadows’s federal removal hearing.

District Attorney Willis hinted at the possibility of violation of the Rules of Professional Conduct, should these witnesses face cross-examination from their former attorneys. Further concerns illuminate a similar situation, as seen in the Florida documents case, headed by Special Counsel Jack Smith. In this instance, attorneys representing co-defendants Walt Nauta and Carlos De Oliveira each had a history of representing multiple grand jury witnesses.

With the trial of Chesebro and Powell slated to commence on August 23, Judge McAfee is anticipated to address these issues swiftly. The fundamental concern, in this case, revolves around the possible violation of professional conduct rules, potentially compromising the rights of state witnesses.