‘We can show that President Trump won’: Harrison Floyd’s lawyers request copies of 2020 Fulton County ballots

His attorneys also requested copies of over 200 voter complaints tied to the vote in 2020
Floyd’s attorneys say the documents they’re requesting are relevant to their client’s defense.
Published: Nov. 3, 2023 at 5:43 PM EDT|Updated: Nov. 3, 2023 at 9:05 PM EDT
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ATLANTA, Ga. (Atlanta News First) - Harrison Floyd, one of the defendants in the Georgia election indictment, asked a judge to compel several state agencies to turn over documents related to the 2020 election on Friday.

Judge Scott McAfee didn’t outright deny that request, instead telling Floyd’s attorneys to narrow the scope of what they were asking the Georgia Secretary of State’s Office and the Fulton County Board of Elections to turn over.

Floyd was the director of Black Voices for Trump during the 2020 election. He’s accused of taking part in an unsuccessful plot to try to coerce a “confession” from Ruby Freeman, a Fulton County election worker Trump’s backers accused of rigging the election against their candidate.

He denies joining any conspiracy and has pleaded not guilty.

Floyd’s attorneys say the documents they’re requesting are relevant to their client’s defense, which is based on Floyd’s belief that former president Donald Trump indeed won Fulton County and the state of Georgia.

While several ballot recounts and numerous lawsuits have pointed to the opposite, Floyd and his legal team asked the agencies for copies of over 200 voter complaints tied to the 2020 vote, as well as copies of every ballot cast by Fulton County voters that year.

“This would understandably, I think, raise some alarms that you’re asking to have a copy of every single ballot in Fulton County,” McAfee said. “And you’re going to be able to know, everyone who lived in Fulton County, exactly how they voted.”

Floyd’s legal team said there could be a smoking gun in the ballots and questioned the state’s certification of the 2020 election.

“We can show that President Trump won,” said Floyd’s attorney Chris Kachouroff. “(Floyd) believed that Trump won, and the state’s saying ‘no, Trump lost.’ But if at the time he believed that Trump won and it turns out that we find evidence that Trump won, he may have been justified in what he did.”

RELATED: Full coverage of the Fulton County Trump indictment

The two agencies, as well as the Fulton County Superior Court, filed motions to block Floyd from obtaining the documents, arguing they have no relevance to his case, contain the personal information of voters and would be costly and take months to get together.

“Months, not days or weeks,” one attorney from the Fulton County Board of Elections said.

Floyd’s attorneys noted that they would be willing to enter into a protective order if the documents were turned over, meaning Floyd wouldn’t be able to disseminate the information in the documents publicly, only as part of his defense in court. They also offered to front the cost of finding the documents, arguing they have a right to see them.

“The state chose to open this door. It is a broad and sweeping complaint. They opened the door wide open for us to walk in and ask for these things,” said Kachouroff. “You know, at trial, they are introducing the certification and that we should take that because they say so. I do not believe we’re required to take what the state says as true and not be able to rebut it or contest it.”

Floyd was the only one of the original 19 defendants who spent time in jail because he did not have a negotiated plea before surrendering to authorities.

McAfee ordered his attorneys to submit narrower, more specific requests from the agencies and scheduled the matter to be back in court in mid-November.