Floyd was one of 19 people – including Trump – charged in August in what prosecutors say was a “criminal enterprise” that sought to overturn Democrat Joe Biden’s Georgia victory in the 2020 presidential election. The former head of Black Voices for Trump, Floyd faces three felony counts for his role in allegedly pressuring a Fulton County election worker to confess to false voting fraud allegations.
Since his indictment, Floyd has proven to be the most unpredictable of the defendants.
While others quickly posted bond and left the Fulton County jail, Floyd surrendered in August without first hiring an attorney who could work out a prearranged bond on his behalf. His five-day incarceration made him a celebrity among some Trump supporters. He has raised more than $341,000 for his defense through a Christian fundraising platform.
Floyd’s legal strategy also has differed from his fellow defendants’ – he is seeking to prove that Trump won the election and has subpoenaed records from state and local officials in an effort to prove it.
Floyd’s legal team also was initially identified as the source of leaked videotaped interviews with four defendants who have pleaded guilty in the case. The leaks prompted McAfee to issue a protective order prohibiting the release of sensitive evidence turned over to defense attorneys. Ultimately, an attorney for another defendant admitted sharing videos with one media organization.
He has also been outspoken on social media and in interviews. He has labeled his prosecution “a circus,” “a national disgrace” and “a high tech lynching for an uppity black.”
Last week, District Attorney Fani Willis sought to revoke Floyd’s bond – a move that would force him to return to jail to await trial. Willis cited numerous posts in which Floyd wrote about fellow defendants or potential witnesses in the case.
In her motion, Willis said the posts were “an effort to intimidate codefendants and witnesses, to communicate directly and indirectly with codefendants and witnesses and to otherwise obstruct the administration of justice.”
In his response filed Monday, Floyd said his posts amounted to constitutionally-protected political speech – not threats. He noted that Trump’s bond conditions specifically reference Trump’s use of social media, but his own bond does not.
“Mr. Floyd believes this (prosecution) motion is a retaliatory measure because he rejected the state’s plea offer, subpoenaed Fulton County election records, did not agree to the protective order for discovery last week and exercised his First Amendment rights after the state intimated that Mr. Floyd was the ‘leaker,” the response said.
Floyd provided no details of the plea offer.
McAfee scheduled today’s hearing and ordered Floyd to be present. The judge could revoke Floyd’s bond or take lesser measures, such as warning Floyd or barring him from posting on social media.
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