Lawfare's Benjamin Wittes and Quinta Jurecic discuss Judge Cannon's order on Trump's classified documents case, legal developments in Trump trials, misrepresentations of law, Judge McAfee in Fulton County, and audience questions
Judge Cannon's order denied Trump's motion in part for the classified document case.
Falsification of business records serves as a strategic prosecutorial tool for securing convictions.
Defendants in Fulton County trial risked forfeiting appeals to maintain relationships with the DA.
Deep dives
Structure of Prosecution's Charges
The prosecution's original charges included multiple object offenses for the falsification of business records, ultimately settling on election conspiracy as the primary offense. This complex legal structure led to the intermediate election fraud offense.
Usage of Misdemeanor Charge
The misdemeanor charge of falsification of business records can be utilized when there is strong evidence of record falsification but uncertainty in proving intent for a more serious crime. It serves as a prosecutorial strategy to secure a conviction.
Challenges and Strategy in Fulton County Trial
Certain non-appealing defendants in the Fulton County trial chose not to unite with the appeal in a disqualification order against the DA. This decision may have been due to a concern about fracturing relationships with the DA's office and resulted in forfeiting the option to appeal if the outcome fell short of expectations.
Outcomes of Trump Keeping Guns
Reports suggest that Trump may still possess guns in violation of his release conditions. Possession of guns unlawfully could lead to federal charges and potential consequences for supervised release.
Response to Allegation of Strategic Choice
Defendants in Fulton County may have opted not to appeal motions due to concerns of adverse consequences with the DA's office, possibly affecting their judicial relationship and available appeal options if their case strategy did not yield desired results.
This episode of “Trump's Trials and Tribulations,” was recorded on June 13 in front of a live audience on YouTube and Zoom.
Lawfare Associate Editor for Communications Anna Hickey talked to Lawfare Editor-in-Chief Benjamin Wittes and Senior Editor Quinta Jurecic about Judge Cannon's order denying in part former President Trump's motion to dismiss the classified document case, what Judge McAfee is up to in Fulton County, and of course, they took audience questions from Lawfare Material Supporters on Zoom.