Trump co-defendant Harrison Floyd still in custody in Georgia election case, judge says

Harrison Floyd jail booking photo, Fulton County, Georgia

Fulton County Sheriff’s Office

Court records Friday showed a hearing being set for Harrison Floyd, a co-defendant in former President Donald Trump’s election interference case in Georgia who has been held in custody since Thursday afternoon.

The entry on Floyd’s docket in Fulton County Superior Court specified that Floyd’s “first appearance” hearing was set for 11 a.m. ET. The entry also appeared to show that Floyd would appear before Judge Scott McAfee.

But McAfee said that Floyd would not appear in court that day, either in person or virtually, NBC News reported.

“I think there’s been some misinformation that got directed to you by the magistrate court,” McAfee told reporters. The judge initially appeared confused by the congregation of journalists at his courtroom on Friday morning, per NBC.

“First appearances all happen at the jail and it was supposed to be scheduled for 11 o’clock today. So it might’ve already happened,” McAfee said.

Floyd will stay in Fulton County jail until he is granted bond, McAfee said, adding that the defendant is entitled to a court appearance within 72 hours following his arrest, according to NBC.

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A spokeswoman for the Fulton County Sheriff’s Office told CNBC in a phone call that she would look into the confusion. A spokesman for the superior court clerk did not immediately respond to CNBC’s requests for clarification.

Floyd, like most of the 19 co-defendants in Atlanta District Attorney Fani Willis’ sprawling RICO case, surrendered at Fulton County jail this week ahead of a Friday deadline.

But the other defendants — including Trump himself — were booked and quickly released because their attorneys had previously negotiated bond agreements with the DA’s office.

Floyd did not do this and therefore “is in custody at the Fulton County Jail,” the Fulton County Sheriff’s Office said in a statement Thursday.

Floyd is described in Willis’ indictment as an individual associated with the pro-Trump group “Black Voices for Trump.” He is charged with one count each of racketeering, conspiracy to commit solicitation of false statements and writings, and influencing witnesses.

His charges relate to an effort to get Ruby Freeman, a poll worker in Georgia’s election, to assist in the alleged scheme to overturn Trump’s loss to President Joe Biden.

Clarification: This story has been updated to reflect McAfee’s remarks to reporters at the Fulton County courthouse.

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