A judge allowed Harrison Floyd, a co-defendant of former President Donald Trump, to remain free on bond Tuesday after a high-profile prosecutor accused him of posting tweets that violated the conditions of his release in the sprawling election-subversion case in Georgia.
Instead of sending him to jail, Fulton County Superior Court Judge Scott McAfee ordered prosecutors and the defense to modify the bond agreement that allows Mr. Floyd to remain free pending trial.
Mr. Floyd did not appear to try and intimidate anyone in a series of posts on X that referred to potential witnesses and his case, according to the judge.
“There was no general limitation of talking about this case,” Judge McAfee said.
The judge said there had been a “technical violation” of the order that says Mr. Floyd cannot communicate with witnesses, yet the order did not accommodate the nuances of social media, in which witnesses are tagged in posts.
A modified order said Mr. Floyd must not make social media posts that concern “any codefendant or witness in this case or concerning any person specifically named in this indictment.”
Mr. Floyd, who served as director of Black Voices for Trump, is named in the indictment that accuses Mr. Trump and 18 co-defendants of conspiring to overturn the 2020 election results in Georgia.
The indictment accuses Mr. Floyd of harassing Ruby Freeman, an election worker who was falsely accused of fraud by Mr. Trump’s supporters. Prosecutors allege Mr. Floyd told Ms. Freeman she “needed protection” and urged her to say false things about election fraud.
Fulton County District Attorney Fani Willis, a Democrat, appeared in court herself instead of sending a deputy prosecutor, as she had done in prior hearings related to the case.
She said Mr. Floyd violated the conditions of his bond through the social media posts. One post refers to Georgia Secretary of State Brad Raffensperger and top aide Gabe Sterling as “pieces of [poop emoji].”
Both state officials are potential witnesses in the case, so Ms. Willis said Mr. Floyd’s actions violate the terms of his bond. Other social media posts weighed in on Ms. Freeman and the investigation, including a tweet that tagged attorney Jenna Ellis — a co-defendant and potential witness who entered a guilty plea in the case.
“It is clear he violated the conditions,” Ms. Willis said.
The court grappled at length over whether Mr. Floyd’s message amounted to direct or indirect communication.
Mr. Sterling testified to how he was tagged in the messages, so it showed up in the feed of items that mentioned him. The state was trying to establish that witnesses saw the posts and insults in question.
“Do you enjoy being called a piece of fecal matter?” Ms. Willis said.
“No, ma’am,” Mr. Sterling said.
Defense lawyers hit back in cross-examination by noting Mr. Sterling is a public figure and often faces insults, so the tweets should not be construed as threats. Mr. Sterling acknowledged it was par for the course.
Von DuBose, an attorney for Ms. Freeman, testified he saw a spike in potential online threats following Mr. Floyd’s tweets.
The defense noted Ms. Freeman did not feel the need to call the police, and argued Ms. Willis should have reached out or flagged the tweets as objectionable before moving to revoke bond.
Ms. Willis said any updated order should be tailored to protect Ms. Freeman, in particular, and prevent Mr. Floyd from directing posts at her.
At other times, defense attorneys said prosecutors had a burden to prove the tweets were actually posted by Mr. Floyd.
Michael Hill, an investigator for Ms. Willis’s office, said biographical information on X matched Mr. Floyd’s biography and the investigators previously saw live images on the account that matched Mr. Floyd.
The argument over Mr. Floyd’s tweets unfolded at a pivotal time for Mr. Trump, who is the GOP front-runner in the 2024 presidential race. Mr. Trump frequently rails against prosecutors and judges involved in his legal matter and is contesting gag orders that limit what he can say about the cases publicly or on social media.
Mr. Trump says the Georgia case against him and his allies is part of a broad attempt to thwart his 2024 presidential campaign.
Four co-defendants, including key lawyers involved in efforts to overturn the 2020 results, have pleaded guilty and agreed to cooperate with prosecutors.
Mr. Floyd is the only defendant in the case to spend time in jail. He did not have a bond agreement in place when he turned himself in to Fulton County authorities. He got out days later on bond.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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