Emergency Edition: Trump Indicted in Fulton County, Georgia
Aug 15, 2023
auto_awesome
Former President Donald Trump indicted by grand jury in Fulton County, Georgia for alleged attempts to manipulate electoral vote count. Lawfare Editor-in-Chief and guests analyze similarities between indictments, discuss implications of multiple trials, and express concern about Trump's impact on American politics. Topics include charges in Fulton County, potential challenges, parallel charges, jurisdiction issues, presidential pardon in state conviction, purpose of removal to state court, and Lindsey Graham's involvement in phone calls to Georgia officials. Conversation also covers Trump impeachment case in Fulton County and Lawfare's support.
Former President Donald Trump has been indicted in Fulton County, Georgia for his alleged attempts to manipulate the electoral vote count in the state during the 2020 presidential election.
The indictment includes charges related to efforts to persuade Georgia state officials to overturn the election results, filing false documents related to fake electors, and intimidating election workers, connecting the conduct to Trump's role and involving individuals in the breach of the coffee county elections office and theft of voting machine data.
The indictment is significant within the larger context of Trump litigation, highlighting concerns about his role in attempting to hold onto power after losing the 2020 election and discussing potential implications for other ongoing cases and Trump's political future.
Deep dives
Overview of the Indictment
The podcast discusses the recent indictment against Donald Trump and others for racketeering and election interference. The indictment covers a wide range of conduct related to the 2020 election and efforts to overturn it. It is similar in substance to the January 6th indictment, but provides more detail. The opening paragraph of the indictment highlights the claim that Trump lost the election and tried to hold onto power. The podcast also explores the potential overlap and complexities of having multiple trials occurring simultaneously, with some of the trials touching on similar fact patterns and witnesses.
Details of the Indictment
The indictment alleges a racketeering enterprise involving the 2020 election and attempts to overturn it in Georgia and elsewhere. It includes charges related to efforts to persuade Georgia state officials to overturn the election results, filing false documents related to fake electors, and intimidating election workers. The indictment connects the conduct to Trump's role and includes charges against individuals involved in the breach of the coffee county elections office and theft of voting machine data. The charges are specific to Georgia law and focus on various state-level crimes, including false statements, conspiracies, and computer crimes.
Potential Challenges and Issues
The podcast discusses potential challenges and issues related to the case. It examines the possibility of the case being removed to federal court and the implications of such a move. The access to the trial and media coverage is also explored, highlighting the differences between federal and state courts in terms of public and media access. The potential inclusion of Mark Meadows as a witness in the federal case is mentioned, along with the implications of Lindsey Graham's involvement and his absence from the indictment. The complexities of coordinating multiple trials and potential issues with witnesses testifying in separate cases are also examined.
Impact of the Indictment
The indictment is seen as significant in the larger context of Trump litigation and criminal cases. It highlights the underlying concern about Trump's role in attempting to hold on to power after losing the 2020 election. The potential implications of the indictment in relation to other ongoing cases, such as the federal January 6th case, are discussed. The potential interactions and effects of concurrent trials and the broader implications for Trump's political future are explored.
Jurisdiction and Venue Considerations
The jurisdiction and venue considerations are addressed in relation to the indictment. It is explained that the district attorney has jurisdiction to pursue crimes committed in Fulton County, Georgia, where the indictment was filed. The expansion beyond Fulton County is seen in the context of racketeering charges, which allow including conduct outside the county. The possibility of removal to federal court is discussed, with the understanding that it would not change the substance of the charges, only the forum of the trial. The potential impact on pardon possibilities and the differences in access and procedures between federal and state courts are also highlighted.
On Monday, August 14th, former President Donald Trump was indicted by a grand jury in Fulton County for his alleged attempts to manipulate the electoral vote count in the state of Georgia during the 2020 presidential election. For this emergency edition of the podcast, Lawfare Editor-in-Chief Benjamin Wittes sat down on Lawfare Live with Legal Fellow Anna Bower and Senior Editors Quinta Jurecic and Scott Anderson to unpack it all.