Why former Trump attorney’s 'sweetheart' agreement with prosecutors is 'a big deal': legal expert

06 August 2024

After reaching a plea deal with Fulton County, Georgia District Attorney Fani Willis in her election interference case, former Donald Trump attorney Jenna Ellis has also flipped in a separate election interference case being prosecuted by Arizona Attorney General Kris Mayes.

Law professor and former federal prosecutor Joyce White Vance, known for her frequent appearances on MSNBC, offers legal analysis of Ellis' latest agreement with prosecutors in her Civil Discourse blog.

Vance described this agreement as a "sweetheart deal," noting that "all charges against" Ellis "will be dismissed" and laying out some reasons why this development could prove to be "a big deal."

"A defendant who enters into a cooperation deal like this makes themself very vulnerable," Vance wrote. "The decision about whether a defendant has failed to uphold their end of the bargain is left to the 'sole discretion' of prosecutors. If they believe Ellis has double-crossed them, she will be in serious trouble, facing not just the original charges, but anything else prosecutors have on her."

Vance added, "It's this feature of the deal that is often helpful in convincing a jury to believe a cooperator's testimony — the witness' only path forward is telling the truth."

The former federal prosecutor also wrote, "If Ellis lies or withholds anything material, her deal is off, and the (Arizona) attorney general can reinstate the old charges and file new, additional ones."

Newsweek's Sean O'Driscoll notes that Ellis "may be called to testify against" other defendants in Mayes' case, including former New York Mayor Rudy Giuliani and former White House Chief of Staff Mark Meadows.

Giuliani and Meadows are also defendants in Willis' case in Georgia. But a major difference between the Georgia and Arizona cases is that Donald Trump is not indicted in Arizona, although some legal analysts have predicted that he will be.

During a Tuesday, August 6 appearance on MSNBC's "Morning Joe," legal expert Lisa Rubin said of Ellis' deal in Arizona, "I think it could affect the presidential campaign.... depending on what Jenna Ellis says."

Rubin added, however, that she doesn't think the Arizona case will go to trial before the November election.

Read Newsweek's full report at this link.

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