Legal Pitfalls of the Fulton County Case | 8.27.23
Aug 27, 2023
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Former federal prosecutor Andy McCarthy discusses the legal complexities of the charges brought against associates of Donald Trump in the Fulton County election interference case. Topics include RICO charges, legal pitfalls, potential implications for individuals named in the indictment, role of co-defendants, different schemes in the case, historical oddity of a previous election outcome, legal challenges, potential problems with charges, future of the case, and its implications on the practice of law.
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.
Different Roles of the Co-Defendants
McCarthy proposes that the case should have been divided into at least three or four cases to examine the different roles of the co-defendants. One case would involve Trump and the major players in the Stop the Steal scheme, centered around the fake electors scheme. Another case would focus on Sidney Powell and four defendants involved in hacking into the state's election system. McCarthy believes that breaking down the case would provide clearer understanding of the different schemes and defendants' involvement.
Issues with the RICO Charge and Other Counts
McCarthy questions the validity of charging the defendants under RICO, as it struggles to meet the legal criteria for a racketeering enterprise. He also criticizes some specific charges, such as the solicitation charges against Mark Meadows and the false information charges against the major defendants. McCarthy suggests that these charges may not hold up in court. Overall, he believes that portions of the case are likely to be thrown out or moved to federal court, especially given Trump's busy schedule with upcoming civil cases.
Former federal prosecutor Andy McCarthy delves into the legal complexities of the charges brought against the associates of Donald Trump in the Fulton County election interference case. The RICO charges, the legal pitfalls, and the potential implications for both high-profile and lesser-known individuals named in the indictment. Get the facts first on Morning Wire.
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