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.
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.
The podcast episode highlights concerns about the gradual erosion of democracy in the United States, with reference to the stranglehold that individual senators like Rand Paul and Tommy Tuberville have on appointments and promotions.
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.
Summary Title 2
The complexity of the Georgia case and the potential delays it may cause are common in large conspiracy cases with multiple defendants. Each defendant can file motions that may prolong the proceedings. If the case goes to trial with multiple defendants, it will likely be unwieldy. However, the special counsel for the case appears to want a quick trial, resolving it before the 2024 election. In terms of the motion to remove the case to federal court, there is a federal statute that allows for removal when a federal official is prosecuted in a state court. However, this should not apply to the indicted individuals in this case, as their actions do not fall within the scope of their constitutional or statutory duties as federal officials. Georgia has a separate sovereign from the federal government and has the authority to protect its own interests. The motion to remove should fail, and the case should remain in state court.
Summary Title 3
Georgia has particular rules regarding pardons, and the Georgia Board of Pardons and Parole is the only entity authorized to grant them. Pardons are only granted after a conviction and a sentence has been served. Therefore, preemptive pardons are not possible in Georgia. There is not a unanimous Republican support in Georgia for Trump, as seen with Governor Kemp and Secretary of State Raffensperger. Georgia has a mix of Republicans who rallied around upholding the election results and those who still support Trump. Fannie Willis, the lead prosecutor on the case, has experience in handling complex racketeering cases and has successfully applied the Georgia Rico statutes in the past, such as in the Atlanta Public School case. Overall, she is considered qualified for handling the complicated tasks of this case.
Summary Title 4
The Georgia Rico statute is suitable for the indictment against Trump and his co-conspirators in attempting to overturn the 2020 election. It allows for the prosecution of a group engaging in ongoing activities with a common purpose. The indictment is based on Georgia law, defining crimes that may not be racketeering crimes under federal law. Georgia has the authority to protect its own interests, and the federal statute for removing the case to federal court should not apply here. There is no unanimity in the Republican ranks of Georgia, with some rallying behind the officials who defended the election results and others still supporting Trump. Fannie Willis, the lead prosecutor, has experience in handling complex racketeering cases and has demonstrated her capability in applying the Georgia Rico statutes in the past.
The Challenges of Applying Racketeering Statutes
The speaker discusses how a prosecutor creatively applied racketeering statutes to conduct that may not typically fall within its scope, emphasizing that the racketeering statutes do not distinguish between mobsters and regular individuals.
The Fragility of American Democracy
The podcast episode highlights concerns about the gradual erosion of democracy in the United States, with reference to the stranglehold that individual senators like Rand Paul and Tommy Tuberville have on appointments and promotions. It questions the need for rule changes in the Senate to prevent the abuse of power in these areas.
James and Al are joined by Professor Morgan Cloud to explain the difference between the federal and Georgia state RICO statutes, why Trump was indicted there, and if it will split the Republican party. Then, they sit down with Professor Sean Wilentz to discuss how the way history is being taught is changing with the growing trend towards presentism and dive into how it affects coverage of the early days of the abolition movement in the United States. They also share their benchmark odds for important political happenings– do they have them right?
Political Odds Making From James & Al
Trump Winning The Nomination- 2:1
Over/Under On How Many Indicted In Fulton County Go To Trial- Under 13
Which Trump Case Goes First- Mar-A-Lago
Trump Not Having A Bombshell Press Conference- 2:1
Trump Schedules His Arraignment During Republican Milwaukee Debate- 1:1 (and if he does 4:1 CNN has a split screen to cover it)
Most Likely Nominee If It’s Not Trump- J.D. Vance
Email your questions to James and Al at politicswarroom@gmail.com or tweet them to @politicon. Make sure to include your city, we love to hear where you’re from!
