Fulton County Superior Court

***EFILED***FD
Date: 11/14/2023 11:08 AM
Che Alexander, Clerk

IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA

STATE OF GEORGIA |
| CASE NO.
v. |
| 23SC188947
DONALD JOHN TRUMP, |
RUDOLPH WILLIAM LOUIS GIULIANI, |
JOHN CHARLES EASTMAN, |
MARK RANDALL MEADOWS, |
KENNETH JOHN CHESEBRO, |
JEFFREY BOSSERT CLARK, |
JENNA LYNN ELLIS, |
RAY STALLINGS SMITH III, |
ROBERT DAVID CHEELEY, |
MICHAEL A. ROMAN, |
DAVID JAMES SHAFER, |
SHAWN MICAH TRESHER STILL, |
STEPHEN CLIFFGARD LEE, |
HARRISON WILLIAM PRESCOTT FLOYD, |
TREVIAN C. KUTTI, |
SIDNEY KATHERINE POWELL, |
CATHLEEN ALSTON LATHAM, |
SCOTT GRAHAM HALL, |
MISTY HAMPTON a/k/a EMILY MISTY HAYES |
Defendants. |

STATE’S EMERGENCY RENEWED MOTION FOR

PROTECTIVE ORDER OVER DISCOVERY MATERIALS

COMES NOW, the State of Georgia, by and through Fulton County District Attorney Fani

T. Willis, and on an EMERGENCY BASIS renews its prior request that this Court enter a

protective order over all discovery materials produced by the State to any defendant in this matter

in order to protect witnesses and to safeguard sensitive and confidential information. Such

information includes but is not limited to statements of witnesses, personal identifying information

of witnesses, confidential communications, confidential business records, documents obtained

under sealed orders, records from outside government agencies, and grand jury materials. In

support of this motion the State says as follows:

1. On September 27, 2023, the State filed the underlying Motion for a Protective Order

over Discovery Materials. See Exhibit A, “State’s Motion for a Protective Order over

Discovery Materials.” The Court has neither ordered a hearing on the State’s motion

nor entered the requested order, but the State has nevertheless complied with all

discovery deadlines imposed by the Court.

2. In its motion, the State emphasized the need for a protective order, stating to the

Court that “[p]ublic release of information contained within discovery could subject

witnesses to harassment and threats prior to trial, which could discourage

cooperation and candor. Premature public discussion or release of information could

also affect the jury pool.” Mot. at 2.

3. On November 13, 2023, confidential video recordings of proffers conducted by the

State with certain witnesses pursuant to guilty plea agreements were published by

ABC News and other media outlets. These confidential video recordings were not

released by the State to any party other than the Defendants charged in the indictment,

pursuant to the discovery process as required by law.

4. On November 14, 2023, counsel for Defendant Harrison William Prescott Floyd sent

an e-mail to the State, members of the defense, and the Court that stated, “It was

Harrison Floyd’s team.” See Exhibit B, November 14, 2023, e-mail from T.A.

Harding. This e-mail was sent in response to an e-mail from another defense attorney

inquiring into whether the State publicly released the confidential video recordings.

The State previously indicated that it did not publicly release the confidential video

2
 recordings. Counsel for Defendant Harrison William Prescott Floyd then sent a

subsequent e-mail stating that his prior e-mail was a “typo” and that Defendant

Floyd’s team did not communicate with the media.

5. All Defendants have been previously released on bond with conditions of release

prohibiting them from (1) performing any act to intimidate any person known to them

to be a codefendant or witness in this case, (2) communicating in any way about the

facts of this case with any person known to them to be a codefendant or witness in

this case, and (3) otherwise obstructing the administration of justice.

6. The release of these confidential video recordings is clearly intended to intimidate

witnesses in this case, subjecting them to harassment and threats prior to trial,

constitutes indirect communication about the facts of this case with codefendants and

witnesses, and obstructs the administration of justice, in violation of the conditions of

release imposed on each defendant.

7. Going forward, the State will not produce copies of confidential video recordings of

proffers to any defendant to prevent further public disclosure. Instead, defendants

must come to the District Attorney’s Office to view confidential video recordings of

proffers. They may take notes, but they will be prohibited from creating any

recordings or reproductions.

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8. In light of the release of these confidential video recordings, the State requests that

the Court (1) enter a temporary order prohibiting disclosure of any discovery

materials by any party, (2) schedule an emergency hearing on the State’s motion filed

September 27, 2023, and (3) at the conclusion of the hearing, enter a permanent order

prohibiting disclosure of any discovery materials by any party.

Respectfully submitted this 14th day of November 2023,

FANI T. WILLIS
District Attorney
Atlanta Judicial Circuit

F. McDonald Wakeford
Georgia Bar No. 414898
Chief Senior Assistant District Attorney
Fulton County District Attorney’s Office
136 Pryor Street SW, 3rd Floor
Atlanta, Georgia 30303
fmcdonald.wakeford@fultoncountyga.gov

/s/ John W. “Will” Wooten

John W. “Will” Wooten
Georgia Bar No. 410684
Deputy District Attorney
Fulton County District Attorney’s Office
136 Pryor Street SW, 3rd Floor
Atlanta, Georgia 30303
will.wooten@fultoncountyga.gov

4
Exhibit A
 Fulton County Superior Court
***EFILED***FD
Date: 9/27/2023 3:28 PM
Che Alexander, Clerk

IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA

STATE OF GEORGIA |
| CASE NO.
v. |
| 23SC188947
DONALD JOHN TRUMP, |
RUDOLPH WILLIAM LOUIS GIULIANI, |
JOHN CHARLES EASTMAN, |
MARK RANDALL MEADOWS, |
KENNETH JOHN CHESEBRO, |
JEFFREY BOSSERT CLARK, |
JENNA LYNN ELLIS, |
RAY STALLINGS SMITH III, |
ROBERT DAVID CHEELEY, |
MICHAEL A. ROMAN, |
DAVID JAMES SHAFER, |
SHAWN MICAH TRESHER STILL, |
STEPHEN CLIFFGARD LEE, |
HARRISON WILLIAM PRESCOTT FLOYD, |
TREVIAN C. KUTTI, |
SIDNEY KATHERINE POWELL, |
CATHLEEN ALSTON LATHAM, |
SCOTT GRAHAM HALL, |
MISTY HAMPTON a/k/a EMILY MISTY HAYES |
Defendants. |

STATE’S MOTION FOR A PROCTECTIVE ORDER

OVER DISCOVERY MATERIALS

COMES NOW, the State of Georgia, by and through the District Attorney FANI T.

WILLIS, and requests this Court enter a protective order over discovery materials to protect

witnesses and safeguard sensitive, private, and confidential information. Such information

includes identifying information of witnesses, confidential business records, documents obtained

under sealed orders, records from other governmental entities, special purpose grand jury

materials, and witness statements.

 In criminal proceedings, this Court may enter a protective order denying, restricting, or

deferring discovery. The legislature clearly contemplated that trial courts could issue protective

orders and control the process of discovery. O.C.G.A. § 17-16-4 (d) states: “Upon a sufficient

showing that a discovery required by this article would create a substantial threat of physical or

economic harm to a witness, the court may at any time order that the discovery or inspection be

denied, restricted, or deferred or make such other order as is appropriate.” Further, Uniform

Superior Court Rule 21.6 provides that filings and pleadings with personal and confidential

information may be filed under seal.

The circumstances of this case necessitate a protective order to direct the defendants’

dissemination of confidential discovery. Already, there have been numerous instances of “doxing”

(i.e., the release of confidential or personal information without consent for the purpose of

harassment) of the grand jurors and the District Attorney. Public release of information contained

within discovery could subject witnesses to harassment and threats prior to trial, which could

discourage cooperation and candor. Premature public discussion or release of information could

also affect the jury pool. See Gentile v. State Bar of Nevada, 501 U.S. 1030, 1070 (1991) (“The

outcome of a criminal trial is to be decided by impartial jurors, who know as little as possible of

the case, based on material admitted into evidence before them in a court proceeding. Extrajudicial

comments on, or discussion of, evidence which might never be admitted at trial . . . obviously

threaten to undermine this basic tenet.”).

The State’s proposed order balances the privacy and security interests of the State and its

witnesses with the discovery rights of the defendants. The State is not asking that the defendants

and their counsel be prohibited from viewing or using the discovery to prepare in their defense but

asks merely for the defendants and their counsel not to disseminate it for any reason aside from

2
trial preparation. The proposed order also ensures that the defendants’ rights to a fundamentally

fair trial will not be threatened by extrajudicial statements of others.

Therefore, the State requests this Court issue a protective order over discovery in order to

protect witnesses, confidential or sensitive information, and defendants’ own rights to a fair trial.

Respectfully submitted this 27th day of September 2023,

FANI T. WILLIS
District Attorney
Atlanta Judicial Circuit

/s/ F. McDonald Wakeford

F. McDonald Wakeford
Georgia Bar No. 414898
Chief Senior Assistant District Attorney
Fulton County District Attorney’s Office
136 Pryor Street SW, 3rd Floor
Atlanta, Georgia 30303
fmcdonald.wakeford@fultoncountyga.gov

/s/ Alex Bernick

Alex Bernick
Georgia Bar No. 730234
Assistant District Attorney
Fulton County District Attorney’s Office
136 Pryor Street SW, 3rd Floor
Atlanta, Georgia 30303
alex.bernick@fultoncountyga.gov

3
 IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA

STATE OF GEORGIA |
| CASE NO.
v. |
| 23SC188947
DONALD JOHN TRUMP, |
RUDOLPH WILLIAM LOUIS GIULIANI, |
JOHN CHARLES EASTMAN, |
MARK RANDALL MEADOWS, |
KENNETH JOHN CHESEBRO, |
JEFFREY BOSSERT CLARK, |
JENNA LYNN ELLIS, |
RAY STALLINGS SMITH III, |
ROBERT DAVID CHEELEY, |
MICHAEL A. ROMAN, |
DAVID JAMES SHAFER, |
SHAWN MICAH TRESHER STILL, |
STEPHEN CLIFFGARD LEE, |
HARRISON WILLIAM PRESCOTT FLOYD, |
TREVIAN C. KUTTI, |
SIDNEY KATHERINE POWELL, |
CATHLEEN ALSTON LATHAM, |
SCOTT GRAHAM HALL, |
MISTY HAMPTON a/k/a EMILY MISTY HAYES |
Defendants. |

CERTIFICATE OF SERVICE

I hereby certify that I have this day served a copy of this STATE’S MOTION FOR

PROTECTIVE ORDER OVER CONFIDENTIAL DISCOVERY MATERIAL, upon all counsel

who have entered appearances as counsel of record in this matter via the Fulton County e-filing

system.

This 27th day of September 2023,

FANI T. WILLIS
District Attorney
Atlanta Judicial Circuit

4
 /s/ F. McDonald Wakeford
F. McDonald Wakeford
Georgia Bar No. 414898
Chief Senior Assistant District Attorney
Fulton County District Attorney’s Office
136 Pryor Street SW, 3rd Floor
Atlanta, Georgia 30303
fmcdonald.wakeford@fultoncountyga.gov

/s/ Alex Bernick

Alex Bernick
Georgia Bar No. 730234
Assistant District Attorney
Fulton County District Attorney’s Office
136 Pryor Street SW, 3rd Floor
Atlanta, Georgia 30303
alex.bernick@fultoncountyga.gov

5
Exhibit B
 11/14/23, 9:29 AM

Re: Proffers leaked to the media.

kamikazehitman
Tue 11/14/2023 9:13 AM
To:Nathan Wade ;Steve Sadow

​
​
​
​
​

This Message Is From an External Sender

This message came from outside Fulton County Government. Use caution with links/attachments.

Report Suspicious

It was Harrison Floyd's team.

Sincerely,

T. A. Harding, J.D.
Harding Law Firm, LLC
Attorneys at Law

-------- Original message --------

From: Nathan Wade
Date: 11/14/23 08:56 (GMT-05:00)
To: Steve Sadow

1/3
11/14/23, 9:29 AM Mail - Rood, Grant - Outlook

Subject: Re: Proffers leaked to the media.

The State had nothing to do with leaking any information to the media!

Nathan J. Wade

Sent: Monday, November 13, 2023 at 7:30 PM

From: "Steve Sadow"

Subject: Proffers leaked to the media.

Prosecutors

It appears that ABC News, CNN, and the Washington Post have obtained leaked copies of the video
proffers of Powell, Ellis, and Chesebro. The proffers did not come from Jennifer or me, or anyone
connected to my defense team.

Please state for the record whether the prosecution or anyone connected to the prosecution team had any
hand in the disclosure of the proffers to the media.

Thank you.

Steve Sadow

2/3
11/14/23, 9:29 AM

3/3
 IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA

STATE OF GEORGIA |
| CASE NO.
v. |
| 23SC188947
DONALD JOHN TRUMP, |
RUDOLPH WILLIAM LOUIS GIULIANI, |
JOHN CHARLES EASTMAN, |
MARK RANDALL MEADOWS, |
KENNETH JOHN CHESEBRO, |
JEFFREY BOSSERT CLARK, |
JENNA LYNN ELLIS, |
RAY STALLINGS SMITH III, |
ROBERT DAVID CHEELEY, |
MICHAEL A. ROMAN, |
DAVID JAMES SHAFER, |
SHAWN MICAH TRESHER STILL, |
STEPHEN CLIFFGARD LEE, |
HARRISON WILLIAM PRESCOTT FLOYD, |
TREVIAN C. KUTTI, |
SIDNEY KATHERINE POWELL, |
CATHLEEN ALSTON LATHAM, |
SCOTT GRAHAM HALL, |
MISTY HAMPTON a/k/a EMILY MISTY HAYES |
Defendants. |

CERTIFICATE OF SERVICE

I hereby certify that I have this day served a copy of this STATE’S EMERGENCY

RENEWED MOTION FOR PROTECTIVE ORDER OVER DISCOVERY MATERIALS, upon

all counsel who have entered appearances as counsel of record in this matter via the Fulton County

e-filing system.

This 14th day of November 2023,

FANI T. WILLIS
District Attorney
Atlanta Judicial Circuit

/s/ John W. “Will” Wooten

John W. “Will” Wooten
Georgia Bar No. 410684
Deputy District Attorney
Fulton County District Attorney’s Office
136 Pryor Street SW, 3rd Floor
Atlanta, Georgia 30303
will.wooten@fultoncountyga.gov