Politics War Room with James Carville & Al Hunt cover image

Politics War Room with James Carville & Al Hunt

210: Trump’s Indictment & American History

Aug 17, 2023
Legal expert Professor Morgan Cloud joins the podcast to explain the difference between federal and state RICO statutes, the indictment of Trump, and the potential split in the Republican party. Historian Professor Sean Wilentz discusses the changing trends in history education and its impact on coverage of the early abolition movement. The hosts also share their benchmark odds for political happenings and discuss the divisive state of American politics, technology threats, and the Georgia indictment.
01:33:01

Podcast summary created with Snipd AI

Quick takeaways

  • The Georgia Rico statute is suitable for the indictment against Trump and his co-conspirators in attempting to overturn the 2020 election.
  • The complexity of the Georgia case and the potential delays it may cause are common in large conspiracy cases with multiple defendants.

Deep dives

Summary Title 1

The Georgia Rico statute is relevant and appropriate for the indictment against Donald Trump and his co-conspirators for attempting to overturn the 2020 presidential election. The statute focuses on groups engaging in ongoing activities or sharing a common purpose, which is identified as overturning the election in this case. The statute allows for the prosecution of individuals who have committed different actions related to the shared purpose. The indictment is based on Georgia law, including crimes that are not defined as racketeering crimes under federal law. The prosecution in Georgia has an independent interest in protecting its own elections and has the constitutional authority to do so. The argument to remove the case to federal court lacks merit, as the actions alleged in the indictment do not fall within the statutory or constitutional duties assigned to the president or members of the Justice Department. It is important to recognize that states have their own legal interests and are encouraged to protect them under the federal system. Ruth Marcus' argument for federal court jurisdiction is based on personal preference rather than legal analysis.

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