#89 Tim Parlatore - United States v. Donald J. Trump | Part 1
Dec 18, 2023
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Former Naval Officer and founder of Parlatore Law Group, Tim Parlatore, discusses the multiple cases and indictments against Donald J. Trump. Topics include the events of January 6th, election interference, the infamous phone call asking to 'find 11,780 votes,' and the challenges faced by the Trump legal team. The chapter also touches on the high costs of Trump's case, the potential scenarios for his conviction, the possibility of suing for malicious prosecution, pork sourcing, lack of investigation into January 6th, charges and insurrection, functional mushroom supplements, and criminal investigation and indictment details.
Trump has been indicted on four felony charges related to election fraud and obstruction of an official proceeding in Washington, D.C.
In Georgia, a county prosecutor has pursued charges against Trump and others on a RICO count, raising concerns about county jurisdiction and future election integrity investigations.
Trump's potential defenses, including self-pardon and accepting a pardon, highlight the intersection of constitutional powers, legal interpretations, and federal versus county jurisdictions.
Deep dives
Summary of the Washington, D.C. Indictments
Trump has been indicted on four felony charges in Washington, D.C., including obstruction of an official proceeding, conspiracy to defraud the United States, conspiracy against rights, and violating the Racketeer Influenced and Corrupt Organizations Act (RICO). The focus of the case is whether Trump knowingly pushed false claims of election fraud to overturn the election results. The prosecution argues that his actions as a candidate and commander in chief were tied to undermining the will of the people and installing himself wrongfully as president for a second term. The case raises questions about the scope of presidential authority, the role of the vice president in certifying the election, and the limits of free speech and political campaign tactics.
Summary of the Georgia Election Interference Case
In Georgia, the case mirrors the Washington, D.C. indictment but with some differences. Fanni Willis, a county prosecutor with jurisdiction limited to Fulton County, has pursued charges against Trump and other individuals on a similar RICO count, alleging racketeering influenced corrupt organizations. However, Willis lacks authority over certain state government buildings, and her jurisdiction is primarily focused on polling stations and vote counting in Atlanta. Her indictment of 19 defendants and 30 unindicted co-conspirators contradicts the federal theory, and in doing so, undermines the federal case by causing witnesses to become uncooperative. The Georgia case raises concerns about the limits of a county prosecutor's power, the relationship between state and county jurisdictions, and the potential effects on future election integrity investigations.
Analysis of Trump's Potential Defense and Pardon
Regarding Trump's potential defenses in both cases, his ability to pardon himself, and the implications of accepting a pardon, there are several factors to consider. Trump could argue that he was acting within his duty as commander in chief to investigate potential election fraud and ensure the faithful execution of the laws. However, legal experts question the constitutionality and political ramifications of a self-pardon. In addition, accepting a pardon is seen as an admission of guilt, which could impact future legal actions and public perception. The cases highlight the intersection of constitutional powers, legal interpretations, and the complex landscapes of both federal and county jurisdictions.
Allegations of Fraud and Need for Investigation
Amid allegations of fraud in the 2020 election, President Trump sought credible information about potential fraud that could have changed the outcome. The reports of irregularities and complaints from people on the ground included observed incidents such as unloading boxes of ballots, running the same ballots through machines multiple times, and denying observers the ability to watch the ballot counting. While the removal of observers does not prove fraud itself, it does raise concerns and indicates the need for further investigation. The investigators, including Bernie Carrick, found evidence of fraud that rose to the level of probable cause, but lacked the resources, time, and subpoena power to fully investigate. Trump then requested investigators to look into the matter, but his request was denied by Bill Barr, who stated that there was no fraud worth investigating.
Legal Charges, Trial, and Potential Conviction
President Trump is facing charges related to the obstruction of the proceeding and claims of fraud against the United States. Although he has not been charged with inciting the January 6th insurrection, there is a high likelihood of a jury verdict of conviction for the charges in the Washington D.C. case. However, these charges may be overturned on appeal. If convicted, he could potentially face a significant prison sentence, depending on the sentencing guidelines. The judges involved in the January 6th cases may have personal connections to the events but have been proceeding with the legal process. There is a risk of political interference and motivation behind these state indictments, as seen with the prosecutors who ran on platforms to indict Trump. Overall, the trial is scheduled for next summer.
Tim Parlatore is a former Naval Officer and founder of Parlatore Law Group. He has represented Navy SEAL Eddie Gallagher and President Donald Trump, among other high profile cases.
This episode is an inside look at the multiple cases and indictments against the former President. Part one covers the events of January 6th and supposed election interference. Parlatore was on the Trump legal team during the early searches and seizures of Mar-a-lago. Parlatore also breaks down the infamous phone call where President Trump can be heard asking to "find 11,780 votes."