Balfour Motion Denied; Trial Remains Set For 16 December

December 9, 2013 11:50 am

by Charlie · 5 comments

The Daily Report brings the news:

Fulton County Superior Court Judge Henry Newkirk today denied suspended state Sen. Don Balfour’s attempt to quash the 18-count indictment against him.

The judge’s denial of Balfour’s motion did not state a reason. The November demurrer argued that prosecution by the state attorney general’s office violated the state constitutional provisions mandating separation of powers and vesting exclusive authority in the Senate to punish and imprison its own members for violations arising from official duties.

Balfour had earlier requested a speedy trial, before then deciding he wasn’t subject to a trial at all.  Feel free to speculate what his next brilliant legal move will be.

peachpundit (@peachpundit) December 9, 2013 at 11:50 am

New post: Balfour Motion Denied; Trial Remains Set For 16 December http://t.co/IjWMTSekc4 #gapol

Thomas Adams (@GeorgiaCRE) December 9, 2013 at 12:27 pm

Balfour Motion Denied; Trial Remains Set For 16 December – The Daily Report brings the news: Fulton County… http://t.co/V2bVGZwbC6

Napoleon December 9, 2013 at 1:43 pm

Actually, the video of the judge’s denial and the reasons has been posted on youtube.

http://www.youtube.com/watch?v=fEkWH8DB7b0

Will Durant December 9, 2013 at 2:50 pm

Again I will state that I have no expertise in the law but I am still mystified by a defense that is essentially stating — I am above the laws that I helped write — is not considered an insult to the court. No reason given for the denial was probably prudent with likely appeals to follow but Napoleon’s submission would have been more appropriate if the law allowed for common sense to be applied.

My speculation is why Balfour wants to stay in office unless it is for further conversion of the “campaign fund”. Again my ignorance of the law regarding the use of these funds plays into this one. Going into the Victor Hill trial I though the one count of converting $20k to his wholly owned LLC was a slam dunk.

Jon Richards December 9, 2013 at 3:42 pm

I am not a lawyer, but my understanding is that any candidate with a campaign fund can convert it all to their personal use if they pay taxes on it as ordinary income.

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