An indictment was returned by a grand jury in Fulton County, Georgia, targeting former President Donald Trump and 18 co-defendants. They are charged with racketeering in relation to efforts to overturn the 2020 presidential election results, which saw Joe Biden defeating Trump. Professor David Sklansky, an expert in criminal law and a former prosecutor, provides insights into the charges and their implications.
The District Attorney for Fulton County, Fani Willis, has chosen to charge Trump and his co-defendants under Georgia’s Racketeer Influenced and Corrupt Organization (RICO) Act. This statute, based on the federal RICO law, criminalizes participation in a pattern of racketeering activity conducted through an organization or network. The defendants are accused of operating as an informal network to commit various state crimes in an attempt to overturn the election.
The indictment comprises 41 felony counts, including the RICO charge and allegations of election fraud, false statements, solicitation of state officials to violate their oaths, forgery, impersonation of public officers, witness tampering, and illegal access to computer records. The charges collectively portray a comprehensive overview of the indictment’s scope.
Among the specific charges, forgery and impersonation of public officers relate to the “fake electors” scheme, where statutes underpinning these counts align more closely with the alleged conduct compared to the federal case against Trump in Washington, D.C. The charge of soliciting state officials to violate their oaths pertains to Trump’s call to Georgia’s Secretary of State urging him to find votes needed for his victory.
Witness tampering charges stem from the harassment and defamation of an election worker, Ruby Freeman, who was falsely accused of election fraud. Unlike many of Trump’s charges that target abstract entities, these charges humanize the alleged violations.
Regarding the strength of the case, the indictment itself is not evidence but a set of charges. The grand jury process in Georgia involves both an advisory and a determining grand jury, where charges were recommended and then approved. However, the presumption of innocence still applies to the defendants, irrespective of the grand jury’s decision.
Trump’s defense strategy is likely to focus on delay tactics and attempts to divert attention from the core allegations. If the case proceeds to trial, his lawyers might argue lack of criminal intent, claiming Trump genuinely believed his claims and was not acting corruptly. Proving Trump’s state of mind will be crucial for the prosecution.
All 19 defendants face the racketeering charge, but specific predicate crimes vary. Trump is prominently positioned within the racketeering scheme.
Trying all 19 defendants together complicates the case, reducing the ability to blame absent individuals. The prosecutor, Fani Willis, has experience with large joint trials from a previous RICO case.
State charges differ from federal charges, offering insulation from presidential influence and pardons. Convictions on state charges cannot be voided by presidential pardons.
The timeline for the trial is uncertain due to the complexity of the case and the number of defendants. Willis aims for a trial within the next six months.
Trump’s four indictments present scheduling complexities, but convictions wouldn’t inherently prevent him from seeking public office. A criminal conviction, however, might influence considerations related to the Fourteenth Amendment’s prohibition against those engaged in insurrection or rebellion from holding office.