Watch ex-Trump lawyers preview their potential testimony in Georgia election conspiracy case
Jenna Ellis and Sidney Powell told Fulton County prosecutors a little of what they know before taking plea deals


In the weeks after the 2020 election, former President Donald Trump was told by several aides and allies that he had lost his legal challenges to overturn his loss to President Biden, but he planned to stay in office anyway, lawyers Jenna Ellis and Sidney Powell told Georgia prosecutors shortly before accepting plea deals in Fulton County's sprawling election conspiracy case, ABC News and The Washington Post reported Monday night.
ABC News and the Post both obtained footage of confidential interviews Ellis and Powell gave to Fulton County prosecutors to preview their potential testimony in exchange for guilty pleas to lesser charges. The Post also published video of the proffer sessions for the other two election conspiracy defendants who have taken plea deals: lawyer Kenneth Chesebro and bail bondsman Scott Hall. Neither news organization explained how they obtained the videos, but these proffers "were recently turned over to other defendants' lawyers as part of the discovery process," The New York Times reported.
Ellis testified that after she told close Trump aide Dan Scavino at a Dec. 19 White House Christmas party that the election challenges were "essentially over" after a Supreme Court loss, Scavino replied "in an excited tone" that "we don't care, and we're not going to leave,'" adding, "The boss is not going to leave under any circumstances. We are just going to stay in power."
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Powell told prosecutors she witnessed several White House lawyers tell Trump he had to leave office, and that she saw co-defendant Rudy Giuliani brief Trump about plans to gain access to Georgia voting equipment. Chesebro testified he told Trump about the plan to use fake electors to overturn his loss.
It's not clear how valuable this evidence, if repeated in court, would prove to prosecutors. Giuliani spokesperson Ted Goodman told the Post the Fulton County investigation was a "farce," while Trump lawyer Steve Sadow called the "purported private conversation" described by Ellis "absolutely meaningless" because Trump did, in fact, leave office. The Post said Ellis' testimony "could be deemed hearsay," though legal analyst Ryan Goodman disagreed. He told CNN that her "golden evidence" in the case "could be very significant" for both Georgia and federal prosecutors. "If they can show that Trump knew he lost and was still going to try to hold on to power, that's it, that's game over," Goodman argued.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Taking aim at Venezuela’s autocrat
Feature The Trump administration is ramping up military pressure on Nicolás Maduro. Is he a threat to the U.S.?
-
Comey indictment: Is the justice system broken?
Feature U.S. attorney Lindsey Halligan has indicted former FBI Director James Comey on charges of lying and obstructing Congress
-
Government shuts down amid partisan deadlock
Feature As Democrats and Republicans clash over health care and spending, the shutdown leaves 750,000 federal workers in limbo
-
Judge bars Trump’s National Guard moves in Oregon
Speed Read In an emergency hearing, a federal judge blocked President Donald Trump from sending National Guard troops into Portland
-
Russia: already at war with Europe?
Talking Point As Kremlin begins ‘cranking up attacks’ on Ukraine’s European allies, questions about future action remain unanswered
-
Trump declares ‘armed conflict’ with drug cartels
speed read This provides a legal justification for recent lethal military strikes on three alleged drug trafficking boats
-
Supreme Court rules for Fed’s Cook in Trump feud
Speed Read Federal Reserve Governor Lisa Cook can remain in her role following Trump’s attempts to oust her
-
‘This isn’t just semantics’
Instant Opinion Opinion, comment and editorials of the day
-
Miami Freedom Tower’s MAGA library squeeze
THE EXPLAINER Plans to place Donald Trump’s presidential library next to an iconic symbol of Florida’s Cuban immigrant community has South Florida divided
-
Judge rules Trump illegally targeted Gaza protesters
Speed Read The Trump administration’s push to arrest and deport international students for supporting Palestine is deemed illegal
-
Trump: US cities should be military ‘training grounds’
Speed Read In a hastily assembled summit, Trump said he wants the military to fight the ‘enemy within’ the US