'The motion is therefore moot': Fulton County judge hands Trump another loss

'The motion is therefore moot': Fulton County judge hands Trump another loss
Former president Donald Trump's mugshot (Photo: Fulton County Sheriff's Office)
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On Wednesday, while former President Donald Trump was in a New York courtroom during writer E. Jean Carroll's defamation trial, the judge overseeing Trump's RICO case in Georgia ruled against him.

Politico legal correspondent Kyle Cheney tweeted the ruling from Fulton County Judge Scott McAfee, who denied a motion from Trump's lawyers to disclose non-public evidence that House Select Committee on the January 6 Attack supposedly shared with Fulton County District Attorney Fani Willis.

"[T]he Court finds it is unable to grant the Defendant's requested relief as the items requested do not exist, and that the state has adequately addressed the other concerns raised by defense counsel. The motion is therefore moot," McAfee wrote.

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McAfee's ruling is also a loss for former assistant attorney general Jeffrey Clark, who was the other party in the motion seeking the non-existent documents. The former president has more recently gotten involved in Clark's own disbarment proceedings in Washington, DC, where Clark may lose his license to practice law over his efforts to overturn the 2020 election.

One of Trump's attorneys sent Clark a letter suggesting Trump may throw a wrench in the works by asserting executive privilege over all matters concerning conversations Clark had with the ex-president while he was in the White House. This could, according to Politico, result in months of additional litigation prior to a decision being made on Clark's potential disbarment.

Fulton County has remained relatively quiet compared to the other venues where Trump is facing a pending criminal trial this year. His first trial may be in Manhattan District Court, which is slated for March 25. Department of Justice special counsel Jack Smith was due to go first on March 4 in US District Court in Washington, DC for Trump's election interference trial, though Judge Tanya Chutkan has temporarily paused proceedings while the former president's immunity argument is in the appeals process.

A DC Circuit Court of Appeals is expected to issue its ruling on the immunity question soon, after which Trump could file an en banc motion to have his argument heard by the full circuit.

READ MORE: 'Materially changes this case': Trump gets involved in Jan. 6 accomplice's disbarment

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