Legal expert Margot Cleveland discusses Fulton County District Attorney Fani Willis' indictment against Trump for conspiracy to overturn the 2020 election. The flaws in the indictment, challenges to election results, and Trump's defense options are analyzed. The role of legal behavior, grand juries, and potential legal liabilities are also explored.
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Quick takeaways
The indictment against former President Trump is mostly baseless, with legitimate crimes buried amidst irrelevant accusations, and the premise of the conspiracy is flawed.
Trump's defense could focus on pointing out the flaws in Willis' claim, highlighting his actions were motivated by concerns about election results rather than an illegal agreement.
Deep dives
Willis' Indictment and Trump's Legal Strategy
The recent indictment brought by Fulton County District Attorney Fanny Willis against former President Trump alleges a conspiracy to overturn the 2020 election. However, legal correspondent Margot Cleveland argues that the indictment is mostly baseless, with legitimate crimes buried amidst irrelevant accusations. Willis' use of the Racketeer Influenced and Corrupt Organizations (RICO) charge allows her to include otherwise legal behavior, such as Trump's tweets, as evidence of a conspiracy. Cleveland contends that the premise of the conspiracy, which assumes an illegal attempt to install Trump as president, is flawed. Trump's best defense options may lie in challenging the legal foundation of the indictment, highlighting that his actions aimed to challenge the election's legitimacy and not to unlawfully install himself as president.
The Shaky Legal Arguments and Grand Jury Issues
Despite Willis targeting Trump through the indictments, the questionable legal arguments may weaken her case. Trump's defense could focus on exposing the flaws in Willis' claim by pointing out that his actions were motivated by concerns about tainted election results, and not an illegal agreement to override the will of the people. As for the remarks made by the foreman of the first grand jury, Margot Cleveland suggests that they may not have a significant impact. Grand juries are only presented with one side of the evidence, potentially overlooking crucial context in Trump's actions. Ultimately, the case's strength may be tested when motions are filed to challenge parts of the indictment, rather than relying solely on grand jury proceedings.
Fulton County, Georgia District Attorney Fani Willis has charged Trump with leading a sweeping conspiracy to overturn the 2020 election. We speak with The Federalist’s legal correspondent Margot Cleveland about what’s at the heart of Willis’ case, and Trump’s legal strategy for striking back. Get the facts first on Morning Wire.
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