Former President Donald Trump, facing his fourth criminal case, examines the extensive charges against him in the Georgia indictment. We explore his potential defenses in the Rico case, sequencing and severance in the trial, and whether the case can be removed to federal court.
The Trump indictment in Georgia covers a wide range of defendants and offenses, attacking the legal foundation of the nation's legitimacy and government.
Trump's likely defenses in this case are unlikely to succeed, as the First Amendment does not protect criminal actions and the advice of counsel defense requires good faith and independent counsel.
Deep dives
Overview of the Trump Indictment
Former President Donald Trump, along with 18 others including Rudy Giuliani and Mark Meadows, has been indicted in Atlanta for their alleged efforts to overturn the 2020 presidential election in Georgia. The indictment accuses them of engaging in a sweeping criminal enterprise involving false election results, pressuring state officials, breaching voting data, and perjury. This indictment is considered significant as it attacks the legal foundation of the nation's legitimacy and government. The case is comprehensive, covering a wide range of defendants and offenses, and is seen as an insurance against pardons if another Republican takes office.
Trump's Defenses and Arguments
Trump's likely defenses in this case will include attacking the core of the case as a Rico case and arguing lack of knowledge about events or individuals involved. He may raise First Amendment speech arguments and claim he was acting on the advice of his lawyers. However, these defenses are likely to fail, as the First Amendment does not protect criminal actions, and the advice of counsel defense requires good faith and independent counsel. Taking the law into his own hands is not justified, regardless of Trump's beliefs.
Timing, Sequencing, and Trial Dynamics
The sequencing of this trial and its impact on other prosecutions against Trump is uncertain. The Fannie Willis case in Georgia may take longer to try due to its complexity, while Jack Smith's federal election interference case may proceed first in the first quarter of 2024. Timing for the Manhattan 2016 election interference case and the Mar-a-Lago case is still unclear. Defendants in the Trump indictment have the ability to seek severance of trials, leading to potential multiple trials. Prosecutors typically resist severance due to limited resources and the potential for diminishing evidence. However, the defendants may strategize and seek severance, resulting in more than one trial.
Removal to Federal Court
One of the defendants, Mark Meadows, has filed a motion to remove the case to federal court, arguing that his actions were undertaken in his capacity as White House Chief of Staff and therefore have a potential federal defense. However, removal in criminal cases is limited to acts within the official responsibilities of federal officers. Participation in an attempted coup does not fall within the outer perimeter of a chief of staff's duties, making the removal petition likely to fail.
Former President Donald Trump is now facing his fourth criminal case.
On Monday, August 14, a grand jury in Atlanta indicted Trump and 18 others, including his personal attorney Rudy Giuliani and former White House chief of staff Mark Meadows, over their alleged efforts to overturn the results of the 2020 presidential election in Georgia. The indictment charges that the defendants engaged in a sweeping criminal enterprise, which involved submitting false slates of electors, pressuring state officials, breaching voting data, and perjury, among other conduct.
Joining the show to discuss the most recent Trump indictment, we have Ambassador Norman Eisen. Norm is the former U.S. Ambassador to the Czech Republic and has also served as special counsel and special assistant to the president for ethics and government reform. In 2019 and 2020, he served as special counsel on the House Judiciary Committee majority during Trump’s impeachment proceedings and trial. Norm has written extensively about the Georgia indictment.