TRUMP AND 18 CO-CONSPIRATORS INDICTED: MEGA-MAGA BREAKING UPDATE
This is of course huge news, but with many surprise elements. Here is the full indictment, courtesy of PBS: https://d3i6fh83elv35t.cloudfront.net/static/2023/08/CRIMINAL-INDICTMENT-Trump-Fulton-County-GA.pdf . Here at the Coronavirus News Online World HQ (the dining room table), I thought readers could use a summary of key elements (today’s “Top Ten”, if you will):
(1) The indictment is 97 pages, and lists 41 counts, all felonies. It charges Trump (aka Orange Julius, or OJ) and 18 co-conspirators with various counts (OJ is charged under 13 different counts), but all 19 are charged under Count 1, Violation of Georgia RICO. The charge is a conspiracy to commit criminal acts with regard to the 2020 presidential election in Georgia. Here is a summary of the Georgia RICO act: https://www.pagepate.com/experience/criminal-defense/georgia-crimes/georgia-rico-act/ .
(2) Penalties are a fine, prison time, or both. With a conspiracy of this size and crimes of this seriousness (all 41 counts are felonies), the leading figures and perhaps all defendants are likely to receive prison time. The minimum is 5 years, the maximum 20.
(3) In addition to OJ, persons charged include OJ’s lawyers (Rudy Giuliani, John Eastman, Sidney Powell, Kenneth Chesebro, Ray Smith and Jenna Lynn Ellis); two federal officials [Mark Meadows (OJ’s White House chief of staff) and Jeffrey Clark (US DOJ official who angled to get appointed Attorney General)]; and 10 others, who I believe are all Georgia residents involved in the fake elector document scheme.
(4) Fulton County DA Fani Willis stated at her press conference that she would request a trial date within 6 months, and that she would try all defendants together. Starting a trial within 6 months in a case of this complexity seems impossible as a practical matter. One expert pointed out that a recent Georgia RICO case was estimated to take 18 months to litigate, and it took 9 months to empanel a jury with people who were qualified and could take 18 months to listen to the case. The physical complexities of a trial of 19 defendants, all with legal teams, also seem daunting.
(5) Therefore, it is likely that of the 4 indictments OJ now faces (two federal and one in New York), this will be the last trial to commence, and it will not complete until 2025 at the earliest.
(6) Fulton County legal proceedings can be televised, so America may be able to see the trial in real time. So OJ will be back on reality TV, full time.
(7) Fani Willis gave each of the 19 defendants the “opportunity” to voluntarily surrender at the Fulton County Courthouse by noon on Friday, August 25. Otherwise, arrest warrants will issue.
(8) OJ’s likely defenses include two main ones we’ve discussed previously. As one commentator noted, however, the First Amendment does not protect perjury. As to blaming all this on following the legal advice of counsel, the charge is that these lawyers were co-conspirators in advancing these felonies, and the evidence seems to amply support that conclusion.
(9) An interesting aspect of the indictment is that the public figures the conspiracy attempted to influence are Georgia officials, who I believe are all Republicans. In other words, as OJ dominates the Republican Party, he looked to have these officials place Party Uber Alles. The Founders regarded political parties as the greatest threat to our system. This conspiracy, then, is the quintessential crime against American democracy.
(10) OJ has spent the last 2½ years focused on 2020. Now he will get that focus, and it is not going to go well.
More: https://www.nbcnews.com/politics/donald-trump/trump-indicted-georgia-racketeering-rcna74912 . More from The Washington Post: https://www.msn.com/en-us/news/politics/fani-willis-the-georgia-prosecutor-who-is-taking-on-trump/ar-AA1fhL76?ocid=hpmsn&cvid=fe24822363ba46faa0d7d25076fdc4ae&ei=37 . (It’s kinda cool that The Washington Post name has several alternate meanings, including that this article is an Internet “post” from Washington. There’s also Post as a publishing name, and Post as an assignment for a journalist or diplomat). WSJ: More: https://www.wsj.com/articles/donald-trump-indicted-georgia-election-interference-case-64deb461 . Still more: https://www.wsj.com/articles/who-are-trumps-co-defendants-in-the-georgia-rico-case-73b56354 .
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Here are the comments on OJ and other legal matters written prior to the MEGA-MAGA UPDATE:
Accidental preview of Georgia charges: https://www.aol.com/news/u-state-georgia-appears-set-165758255.html . The document, which appeared briefly on the Fulton County court website, confirms speculation that Orange Julius will be charged with violation of the Georgia RICO act. Because this charge involves co-conspirators, we can expect (multiple) others will be charged. Further, as indicated yesterday, the rumored evidence of text messages within OJ’s circle describing their breach of Coffee County’s voting systems essentially proves RICO charges. Also, as noted before, even if OJ were somehow re-elected, he cannot pardon himself from any state convictions.
OJ et al complain about the posting: https://apnews.com/article/trump-georgia-election-investigation-grand-jury-willis-d39562cedfc60d64948708de1b011ed3 . There really is nothing to any of these complaints. Of course the Georgia prosecutors have drafted a charging document. If this is it, once the grand jury votes, it will be edited as needed and released (presumably at the time of indictment). [Note: this is obviously not the indictment, but the charges listed track closely with the actual indictment.]
A deeper dive on Georgia’s RICO statute: https://apnews.com/article/georgia-trump-election-investigation-indictment-rico-willis-2b18a1c1ed6a4ce22b1a2ca88ea861e3 . Public education will be useful on the RICO statute. As the article indicates, the federal law, passed in 1970, had broader application than organized crime. With modern communications, it is much easier to coordinate a conspiracy now. As such, the law needed updating to more effectively address these types of behaviors. With the Internet and encrypted communications, arguably the law requires more update.
In OJ’s case, he and his allies were so brazen that proof is rather straightforward in this case. However, I can already see in the comments attached to the current reporting that the MAGA crowd disregards the reported evidence. Will that change when they see the evidence? Will Fox-Not-the-News and other conservative outlets show the evidence?
Meanwhile, OJ proves he is an unmanageable client: https://www.aol.com/daring-judge-donald-trump-attacks-141030157.html . As readers know, Rule No. 1 is Don’t piss off the judge. A corollary obvious to everyone except OJ is, When the judge tells you to stop making inflammatory statements, take a nice, warm cup of shut the hell up. With OJ, a sedative and duct tape is apparently necessary. The only explanations I can see here are (1) he is trying to make this case about his First Amendment rights (not going to happen); or (2) it’s finally sunk in to OJ’s narcissistic brain that he is going down this time, and he is in self-destruct mode.
Speaking of unmanageable, South African reporter sues White House over press badge: https://www.foxnews.com/politics/white-house-reporter-sues-karine-jean-pierre-losing-press-pass . Apparently, this fellow has caused several disturbances during briefings in the past. A First Amendment right does not allow anyone to violate the rules for attendance at a press briefing. So we have not yet heard a viable basis for a lawsuit.
Republicans file amicus brief supporting special prosecutor’s proposal of a January 2 trial date: https://www.cnn.com/2023/08/14/politics/republican-legal-officials-trump-interference-case/index.html . As we have discussed previously, the Speedy Trial Act recognizes both the defendant’s and the people’s right to a speedy trial. Given the other trials scheduled in March and May, the logic of a January 2 trial date remains solid.
Also, a federal judge not only shoots down OJ’s attempt to move the Stormy Daniels’ hush money case to federal court, he makes part of Alvin Bragg’s case: https://www.thedailybeast.com/trumps-bid-to-sink-the-manhattan-da-alvin-braggs-case-has-already-made-it-stronger . In legal terms, the judge just kicked OJ in the balls. WSJ: State court judge in case tells OJ to stuff it: https://www.wsj.com/articles/new-york-judge-declines-to-recuse-himself-in-trump-hush-money-case-16b1313e .
OJ is basically losing on all fronts today, and this isn’t going to get better.
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And in other news:
WSJ: Another one bites the dust: Crypto custodian Prime Trust files for bankruptcy: https://www.wsj.com/articles/crypto-custodian-prime-trust-files-for-bankruptcy-protection-7f28553f .
WSJ: Russian ruble collapses again: https://www.wsj.com/articles/russian-ruble-at-weakest-level-since-early-days-of-ukraine-war-eaef275f .
China’s central bank cuts rates again as economy sputters: https://www.reuters.com/world/china/china-central-bank-cuts-rates-second-time-three-months-support-economy-2023-08-15/ .
WSJ: Niger coup: https://www.wsj.com/articles/niger-coup-leaders-threaten-to-charge-ousted-president-with-treason-dd3cae01 . This is a dark development and suggests the end of diplomacy in resolving this crisis.
WSJ: Ukrainian forces make additional, small progress: https://www.wsj.com/articles/ukraine-inches-forward-in-southeastern-counteroffensive-31747174 .
Maui death toll at 96: https://www.aol.com/news/maui-wildfires-death-toll-may-204014135.html . Note that a compiled, unofficial list online of missing persons has over 1,000 names. If the fire was hot enough to melt metal, it is unclear to me to what extent cadaver dogs can find bodies incinerated by these flames. I suspect that at some point, officials will declare dead persons confirmed as missing. WSJ: More: https://www.wsj.com/articles/maui-fire-death-toll-lahaina-hawaii-f43c36bc .
In Montana, young activists win climate lawsuit against state law promoting fossil fuel burning: https://abcnews.go.com/US/montana-youths-win-climate-lawsuit-fossil-fuels/story?id=102260674 . Apparently Montana officials will need education on what this means: https://abcnews.go.com/Technology/wireStory/montana-officials-downplay-kind-climate-trial-100204786 . The state constitution guarantees a right to a clean environment, which the judge ruled state officials violated. I would expect specific proposals in the state legislature on changes necessary to resolve the violation.
Israel considers digging up ancient mosaic to loan to US Museum of the Bible: https://apnews.com/article/jesus-bible-armageddon-israel-museum-mosaic-christian-2b3a1806e238e995d51d11a8acbf2935 . The Museum of the Bible is an appalling institution: https://en.wikipedia.org/wiki/Museum_of_the_Bible . Its terrible scholarship has caused it to buy and exhibit artifacts which turned out to be fakes. Digging up a Roman mosaic in Israel and transporting it to Washington continues their appalling practices. Money is not everything. These people closely resemble the Saudis in their use of coin.
Driverless vehicles have a “complete meltdown”, block streets around San Francisco music festival: https://www.cnn.com/2023/08/14/business/driverless-cars-san-francisco-cruise/index.html .
WSJ: Messi Mania: https://www.wsj.com/articles/lionel-messi-inter-miami-mls-soccer-south-florida-ticket-prices-sports-bars-21f52ead . This continues to be an incredibly successful deal for US soccer.