Tranquillus in Exile
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“We find by unanimous vote that no widespread fraud took place in the Georgia 2020 presidential election that could result in overturning that election.” With those words, a Fulton County special grand jury repudiated Donald Trump’s assault on our democracy.
We need to prepare for a first in our 246-year history as a nation: the possible criminal prosecution of a former president. If Trump is charged, it will be difficult and at times even perilous for American democracy - but it is necessary to deter him and others from future attempted coups.
The statement that the grand jury found “no widespread fraud” in the presidential election eliminates Trump’s assertion that election fraud justified his pushing state election officials. Also notable is the grand jury’s recommendation of indictments for perjury by one or more witnesses. It seems unlikely that Fani Willis, the Fulton County district attorney, will let that pass.
If Ms Willis does indict Trump, the two likely paths that she might take focus on the fake electoral slates and Trump’s call to the Georgia Secretary of State to “find votes”. One is a narrower case that would likely take weeks to try; the other is a broader case that would likely take months.
Narrow charges could include the Georgia felonies of solicitation of election fraud in the first degree and related crimes like conspiracy to commit election fraud. In addition to Trump, that might include others who had direct contacts with Georgia, like his former chief of staff Mark Meadows and his attorneys John C. Eastman and Rudolph W. Giuliani (who has already received a “target” notification from Ms Willis warning him that he may be charged). Or Ms Willis could frame the case more broadly, adding sweeping RICO charges that could still include the impact of the conduct in Georgia but bring in more of a nationwide conspiracy.
A narrow case might make slightly more sense. Given the extraordinary circumstances around it, Ms Willis will surely have her hands full. And it will feature a likely lead defendant who has demonstrated his propensity for legal circuses, coming in the midst of a heated political season no less. That said, Ms Willis has a proven propensity for bringing and winning RICO cases.
Whether it’s simple or broad, if a case is opened one thing is certain: it’s going to take a while, probably the better part of two years. The battle would likely be waged around pretrial motions and appeals by Mr. Trump arguing, as he has done in other cases, that he was acting in his official presidential capacity and so is immune. That challenge, though not persuasive at all in our view, will almost certainly delay a trial by months. Other likely sallies are that the case should be removed to federal court
(it shouldn’t); that he relied on the advice of counsel in good faith (he didn’t); or that his action was protected by the First Amendment (it wasn’t).
Needless to say, this would have a profound impact on the election season. It would feature a national conversation about what it means for a former president to be prosecuted, and it would no doubt have unexpected consequences.
Still, the debate is worth having, and the risks are worth taking. The core American idea is that no one is above the law. If there is serious evidence of crimes, then a former president should face the same consequences as anyone else. If we do not hold accountable those who engage in this kind of misconduct, it will recur.
Abbreviated from:
https://www.nytimes.com/2023/02/17/opinion/trump-georgia-grand-jury-report.html
The special grand jury was selected randomly from citizens of Fulton County, Ga. Undoubtedly some of them were Trump voters. Yet they found unanimously that his repeated claims of widespread election fraud were baseless.
And the last word (?)
“Thank you to the Special Grand Jury in the Great State of Georgia for your Patriotism & Courage. Total exoneration. The USA is very proud of you!!!”
- Trump on 'Truth Social', February 16.
We need to prepare for a first in our 246-year history as a nation: the possible criminal prosecution of a former president. If Trump is charged, it will be difficult and at times even perilous for American democracy - but it is necessary to deter him and others from future attempted coups.
The statement that the grand jury found “no widespread fraud” in the presidential election eliminates Trump’s assertion that election fraud justified his pushing state election officials. Also notable is the grand jury’s recommendation of indictments for perjury by one or more witnesses. It seems unlikely that Fani Willis, the Fulton County district attorney, will let that pass.
If Ms Willis does indict Trump, the two likely paths that she might take focus on the fake electoral slates and Trump’s call to the Georgia Secretary of State to “find votes”. One is a narrower case that would likely take weeks to try; the other is a broader case that would likely take months.
Narrow charges could include the Georgia felonies of solicitation of election fraud in the first degree and related crimes like conspiracy to commit election fraud. In addition to Trump, that might include others who had direct contacts with Georgia, like his former chief of staff Mark Meadows and his attorneys John C. Eastman and Rudolph W. Giuliani (who has already received a “target” notification from Ms Willis warning him that he may be charged). Or Ms Willis could frame the case more broadly, adding sweeping RICO charges that could still include the impact of the conduct in Georgia but bring in more of a nationwide conspiracy.
A narrow case might make slightly more sense. Given the extraordinary circumstances around it, Ms Willis will surely have her hands full. And it will feature a likely lead defendant who has demonstrated his propensity for legal circuses, coming in the midst of a heated political season no less. That said, Ms Willis has a proven propensity for bringing and winning RICO cases.
Whether it’s simple or broad, if a case is opened one thing is certain: it’s going to take a while, probably the better part of two years. The battle would likely be waged around pretrial motions and appeals by Mr. Trump arguing, as he has done in other cases, that he was acting in his official presidential capacity and so is immune. That challenge, though not persuasive at all in our view, will almost certainly delay a trial by months. Other likely sallies are that the case should be removed to federal court
(it shouldn’t); that he relied on the advice of counsel in good faith (he didn’t); or that his action was protected by the First Amendment (it wasn’t).
Needless to say, this would have a profound impact on the election season. It would feature a national conversation about what it means for a former president to be prosecuted, and it would no doubt have unexpected consequences.
Still, the debate is worth having, and the risks are worth taking. The core American idea is that no one is above the law. If there is serious evidence of crimes, then a former president should face the same consequences as anyone else. If we do not hold accountable those who engage in this kind of misconduct, it will recur.
Abbreviated from:
https://www.nytimes.com/2023/02/17/opinion/trump-georgia-grand-jury-report.html
The special grand jury was selected randomly from citizens of Fulton County, Ga. Undoubtedly some of them were Trump voters. Yet they found unanimously that his repeated claims of widespread election fraud were baseless.
And the last word (?)
“Thank you to the Special Grand Jury in the Great State of Georgia for your Patriotism & Courage. Total exoneration. The USA is very proud of you!!!”
- Trump on 'Truth Social', February 16.
