Morning Wire
Legal Pitfalls of the Fulton County Case | 8.27.23
Aug 27, 2023
This week, former federal prosecutor Andy McCarthy, a contributing editor at National Review, breaks down the complex legal landscape of the Fulton County case against Donald Trump and his associates. He examines the broad RICO charges and the legal difficulties in linking state and federal laws. Andy discusses the roles of co-defendants like Mark Meadows and Rudy Giuliani, and draws historical parallels to past electoral disputes. He also addresses the constitutional implications and potential outcomes of this high-stakes legal battle.
16:35
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Quick takeaways
- The Fulton County case against Donald Trump's associates should have been broken down into separate cases to properly assess the roles of the co-defendants and understand their involvement in different schemes.
- Charging the defendants under RICO may not meet the legal criteria for a racketeering enterprise, and some specific charges may not hold up in court.
Deep dives
Legal Pitfalls of the Fulton County Trump Case
The former federal prosecutor, Andy McCarthy, argues that the case brought by district attorney Fannie Willis is ill-conceived and an attempt to turn the federal and political investigation of the January 6th committee into a state-level case. He points out that there is no unifying crime that can be charged, and the alleged criminal organization does not meet the legal criteria for racketeering. McCarthy suggests that the case should have been broken down into separate cases to properly assess the roles of the co-defendants.
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