Former federal prosecutor 'fearful' Trump won't get fair treatment in Georgia case
Former federal prosecutor Francey Hakes on her concerns with Trump's indictment by a Georgia grand jury and trial date requested by the DA in the next six months.
Former President Trump was indicted out of the years-long criminal investigation led by state prosecutors in Georgia into his alleged efforts to overturn the 2020 presidential election in the state.
Former Trump White House chief of staff Mark Meadows, attorneys Rudy Giuliani, Sidney Powell, Jenna Ellis, Kenneth Chesebro, Jeff Clark, John Eastman, and others, were also charged out of the years-long investigation.
The charges include violating the Georgia RICO Act—the Racketeer Influenced And Corrupt Organizations Act; Solicitation of Violation of Oath by a Public Officer; Conspiracy to Commit Impersonating a Public Officer; Conspiracy to Commit Forgery in the First Degree; Conspiracy to Commit False Statements and Writings; Conspiracy to Commit Filing False Documents; Conspiracy to Commit Forgery in the First Degree; Filing False Documents; and Solicitation of Violation of Oath by a Public Officer.
Georgia Fulton County Districrt Attorney Fani Willis gave Trump and the 18 other defendants until Aug. 25 to surrender. Willis, Monday night during a press conference, said she would like a trial to take place within six months.
BEDMINSTER, NEW JERSEY - AUGUST 13: Former President Donald Trump looks on at the first tee prior to the start of day three of the LIV Golf Invitational - Bedminster at Trump National Golf Club on August 13, 2023 in Bedminster, New Jersey. (Mike Stobe/Getty Images, File)
"Defendant Donald John Trump lost the United States presidential election held on November 3, 2020. One of the states he lost was Georgia," the indictment states. "Trump and the other Defendants charged in this Indictment refused to accept that Trump lost, and they knowingly and willfully joined a conspiracy to unlawfully change the outcome of the election in favor of Trump. That conspiracy contained a common plan and purpose to commit two or more acts of racketeering activity in Fulton County, Georgia, elsewhere in the State of Georgia, and in other states."
The 97-page indictment contains 41 felony counts against Trump and the 18 defendants and alleges they "unlawfully conspired and endeavored to conduct and participate in a criminal enterprise in Fulton County, Georgia, and elsewhere."
The indictment states that the defendants and unindicted coconspirators "constituted a criminal organization whose members and associates engaged in various related criminal activities including, but not limited to, false statements and writings, impersonating a public officer, forgery, filing false documents, influencing witnesses, computer theft, computer trespass, computer invasion of privacy, conspiracy to defraud the state, acts involving theft, and perjury."
The indictment states that defendants appeared at hearings in Fulton County, Georgia before members of the Georgia General Assembly in December 2020 and "made false statements concerning fraud in the November 3, 2020 presidential election."
"The purpose of these false statements was to persuade Georgia legislators to reject lawful electoral votes cast by the duly elected and qualified presidential electors from Georgia," the indictment states. "Members of the enterprise corruptly solicited Georgia legislators instead to unlawfully appoint their own presidential electors for the purpose of casting electoral votes for Donald Trump."
The indictment states that the "enterprise" made false statements in November 2020 in Arizona, Michigan, and Pennsylvania.
The indictment also alleges that the defendants "corruptly solicited Georgia officials, including the Secretary of State and the Speaker of the House of Representatives, to violate their oaths to the Georgia Constitution and to the United States Constitution by unlawfully changing the outcome of the November 3, 2020, presidential election in Georgia in favor of Donald Trump.
The indictment alleged that Trump and the other defendants "corruptly solicited high-ranking United States Department of Justice officials to make false statements to government officials in Fulton County, Georgia, including the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate."
The indictment also said Trump and the others "corruptly solicited" then-Vice President Mike Pence.
"In one instance, Donald Trump stated to the Acting United States Attorney General, ‘just say the election was corrupt, and leave the rest to me and the Republican congressmen,’" the indictment states.
The defendants are also charged with allegedly stealing data "including ballot images, voting equipment software, and personal voter information." The indictment alleges that the stolen data were then "distributed to other members of the enterprise, including members in other states."
As for the racketeering charges, the indictment says that on Nov. 4, 2020, Trump made a nationally televised speech "falsely declaring victory in the 2020 presidential election."
"Approximately four days earlier, on or about October 31, 2020, Donald John Trump discussed a draft speech with unindicted co-conspirator Individual 1, whose identity is known to the Grand Jury, that falsely declared victory and falsely claimed voter fraud."
"The speech was an overt act in furtherance of the conspiracy."
Next, it says that on Nov. 15, 2020, Giuliani placed a telephone call to another unindicted co-conspirator and "left an approximately 83-second-long voicemail message for unindicted co-conspirator Individual 2 making statements concerning fraud" in the election in Fulton County, Georgia.
"This telephone call was an overt act in furtherance of the conspiracy."
The indictment says that on Nov. 19, 2020, Giuliani, Ellis, Powell and unindicted co-conspirators "appeared at a press conference at the Republican National Committee Headquarters on behalf of" Trump and his campaign and "made false statements concerning fraud" in the 2020 election.
The indictment lists other "overt acts" that furthered the alleged conspiracy by Trump and defendants.
This is the fourth time Trump has been indicted. Trump is the first former president in U.S. history to be indicted on criminal charges.
Following the 2020 presidential election, Trump reportedly insisted during a phone call with Georgia's Secretary of State Brad Raffensperger that he had won the state of Georgia. Trump urged him to "find" enough votes to reverse the state's results.
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Donald Trump is the first former president to be indicted on criminal charges. ( SAUL LOEB/AFP via Getty Images, File)
Trump also reportedly said: "All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state."
Georgia certified election results showing that Trump’s Democratic opponent Joe Biden won the state’s Nov. 3 election by 11,779 votes.
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In the weeks following the election, Trump refused to concede to then-President-elect Joe Biden, and his campaign launched a number of legal challenges. Trump also allegedly urged states with Republican governors and legislatures to overturn Biden’s victories.
A special grand jury in Fulton County, Georgia, this year released portions of a report detailing findings from the investigation. That report indicated a majority of the grand jury believes one or more witnesses may have committed perjury in their testimony and recommends that prosecutors pursue indictments against them, if the district attorney finds the evidence compelling.
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ATLANTA, GA - NOVEMBER 11: Georgia Secretary of State Brad Raffensperger speaks at a press conference at the Georgia State Capitol on November 11, 2022 in Atlanta, Georgia. At the press conference Raffensperger announced an audit of the Secretary of State race. (Elijah Nouvelage/Getty Images, File)
At the time of the report's release, Trump campaign spokesman Steven Cheung said it had "nothing to do" with Trump and maintained that the former president "did absolutely nothing wrong."
The special grand jury spent about seven months hearing testimony from witnesses, including high-profile Trump allies, such as attorney Rudy Giuliani and Sen. Lindsey Graham of South Carolina, and high-ranking Georgia officials, including Raffensperger and Gov. Brian Kemp.
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Trump has already been indicted on other charges this year, and is the first former President of the United States in history to face criminal charges.
Trump was indicted out of Special Counsel Jack Smith’s investigation into the Capitol riot on Jan. 6, 2021 earlier this month. Trump pleaded not guilty to all charges--conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights.
Smith also charged Trump in June in his investigation into his alleged improper retention of classified records from his presidency. Trump pleaded not guilty to 37 counts. Those charges included willful retention of national defense information, conspiracy to obstruct justice and false statements.
DAVENPORT, IOWA - MARCH 13: Former President Donald Trump speaks at the Adler Theatre on March 13, 2023 in Davenport, Iowa. Trump's visit follows those by potential challengers for the GOP presidential nomination, Florida Gov. Ron DeSantis and former U.N. Ambassador Nikki Haley, who hosted events in the state last week. (Scott Olson/Getty Images, File)
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Last month, Trump was charged with an additional three counts as part of a superseding indictment out of that probe.
And in April, Trump pleaded not guilty to 34 counts in New York stemming from Manhattan District Attorney Alvin Bragg’s investigation. Trump is accused of falsifying business records related to hush-money payments made during the 2016 campaign.
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