Judge McAfee rules to modify Trump Co-Defendant Harrison Floyd’s bond agreement

November 21, 2023

Fulton County Superior Court Judge Scott McAfee ruled that Trump Co-Defendant Harrison Floyd’s bond agreement be rewritten, rather than, as the prosecution requested, that it be revoked. 

Fulton County District Attorney Fani Willis had requested to revoke Floyd’s bond in the case of election interference in Georgia’s 2020 election.

Floyd, along with former President Trump, is among 19 initial co-defendants who were indicted by a grand jury on racketeering charges related to attempts to overturn Georgia’s Presidential election, following a more-than two-year investigation by Willis.

The 39-year-old was granted a $100,000 bond on August 29—the last of the co-defendants to reach a bond agreement.

Last week, Willis asked McAfee to revoke Floyd’s bond for allegedly trying to intimidate witnesses in the case, writing in a court motion that he had “engaged in numerous intentional and flagrant violations” of his bond agreement, which bars him from communicating directly or indirectly with co-defendants or potential witnesses about the case.

Floyd is associated with the organization Black Voices for Trump. He joined a meeting by phone with entertainment publicist and co-defendant Trevian Kutti, during which the pair spoke with election worker Ruby Freeman, who was falsely accused of voting fraud. 

Following Tuesday’s hearing in which the prosecution and defense argued over whether social media postings that tagged Freeman amounted to intimidation, McAfee ruled that the prosecution should rewrite the bond agreement to make certain language more clear, giving the defense opportunity to respond to the rewrite.

“There’s no constitutional right to bail,” Judge McAfee pointed out. But he also noted that a defendant is allowed to generally criticize the details of a case, though it can never evolve into witness intimidation.

The state made a “compelling argument,” McAfee added, but it becomes a “much closer question” regarding “direct or indirect communication” with a potential witness—as Floyd’s bond agreement had barred him from undertaking. 

“There has been a technical violation of Mr. Floyd’s bond…but not every violation compels revocation,” the judge concluded.

Willis responded that “we respect the ruling of the court but take exception,” noting that the state remains very concerned about the safety of Ms. Freeman. 

Freeman, along with her daughter and fellow election worker Shaye Moss, won a defamation lawsuit in August against another Trump co-defendant, attorney Rudy Guliani, who admitted that he lied about the pair’s actions on Election Day 2020.

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