Donald Trump collects indictments like other people collect stamps. In Georgia, the ex-president is again accused of electoral interference and conspiracy. And yet procedure number four could be particularly tricky for him.
Another charge, another trial. For the fourth time in four months, former US President Donald Trump has been indicted in a criminal case – this time in Georgia. There, prosecutors accuse Trump of conspiring with allies to overturn the outcome of the 2020 presidential election in the crucial southern state.
What was unprecedented in April has now become absurd routine in the United States. With the new charges in 13 counts, Trump now faces a total of 91 counts. The latest indictment is still enthroned on front pages and is a hot topic on TV talk shows. But the news that a former president – and one who is once again eyeing the White House at that – is being labeled a criminal has lost some of its momentum.
The case from Georgia deserves the greatest attention. A similar charge of interfering with federal elections is already pending against the ex-president in the capital, Washington. But the Atlanta trial focuses on Trump’s attack on American democracy like no other.
1. Indictment targets Donald Trump and allies with mafia law
The allegations in the 98-page indictment are tough. The biggest difference to the other charges: It’s not just Trump’s job. Next to The ex-president has 18 other people to answer to in court – including his former lawyer Rudy Giuliani and his former chief of staff Mark Meadows. It involves false statements, the submission of forged documents and allegations that Trump and his allies pressured public officials into violating their oath of office. In total, prosecutor Fani Willis listed 19 charges in 41 cases against the 19 suspects.
Trump and his accomplices could be particularly expensive for the so-called Rico law. A Georgia state law enacted to combat mafia racketeering and commonly used to combat organized crime. It enables the prosecution to bundle the crimes of various participants into one package and to take action against several defendants at the same time as part of a criminal organization. So now against Trump and his accomplices. Another advantage for the prosecution: The prison sentences are so severe that the motivation for co-accused is very high to open up against each other.
The former president and the other defendants “knowingly and intentionally engaged in a conspiracy to unlawfully alter the outcome of the election in Trump’s favour,” prosecutor Willis said. All of their efforts had the “illegal aim” of helping Trump win another term as president.
2. The core of the charge are false testimonies and a call to break an oath
“I just want to find 11,780 votes (…) because we won the state.”
It is this line from Trump’s infamous call to Georgia’s chief election commissioner, Brad Raffensperger, that caused an outcry around the world and stands like no other for Trump’s numerous attempts to sneak another term in office. Georgia was one of the states that played key roles in the 2020 election. Democrat Joe Biden won there by a narrow margin of around 12,000 votes. As in other states, Trump tried to have his election defeat there subsequently changed.
These attempts by Trump and his allies – both by making false statements about voter fraud and by asking officials to violate their public oaths – are now at the center of prosecutor Willis’ indictment. With Trump’s previous strategy that such statements would fall under freedom of expression, he should not get far in Georgia. The prosecution relies on a state statute that prohibits “the making of any false, fictitious or fraudulent statement or representation (…) in any matter within the jurisdiction of any department or agency of the state government.” The word “false testimony” can be found more than 100 times in the indictment.
Ex-US President under pressure
Donald Trump has these legal problems on his hands
3. Time span extends well beyond 2020 elections
After US President Joe Biden was officially sworn in in the aftermath of January 6, many Republicans urged Trump to stop talking about a “stolen election.” Their concern was great – and justified – that his unproven allegations would do more harm than good to the party. But the ex-president was not deterred, as the indictment in Georgia proves in black and white.
One of the most striking details can be found in the 38th and 39th charges. These are dated September 17, 2021, almost eight months after Trump’s term in office. Both of these points relate to a letter Trump sent to Raffensperger, which included a report in which he claimed that 43,000 ballots in DeKalb County were improperly handled. The ex-president therefore suggested in writing that Raffensperger “initiate the process of annulment of the ballot papers or whatever the correct legal remedy is and announce the true winner.”
His persistent electoral lies cost the “Grand Old Party” crucial votes in the 2022 midterm elections. Now Trump is getting the acknowledgment with the indictment in Fulton County.
4. Greater transparency thanks to TV transmission
Another reason the Georgia trial will stand out to the American public is that unlike the other federal trials, the Atlanta case could be televised live. The hours before the indictment was published were remarkable in this regard. If the decisive words against Trump were spoken behind closed doors in New York, Miami and Washington, this time the TV cameras could be followed as the indictment papers were presented to the judge.
Similar to the Jan. 6 House committee hearings, a broadcast could bring a degree of transparency to the highly polarized process. Shortly after the indictment was published, Trump and his lawyers had made serious allegations against the public prosecutor. “Sounds manipulated to me!” Trump wrote on his “Truth Social” network and spoke again of “witch hunts”. A television broadcast, on the other hand, would give viewers the chance to see what is happening in the courtroom with their own eyes.
5. Difficult timing, higher political costs
The big question is when that will happen. All of the accused have until August 25 to appear in court to face the allegations, according to prosecutors. Prosecutor Willis announced that she would like the trial to begin within the next six months. An ambitious schedule, but one that is considered difficult to meet in view of Trump’s overflowing legal schedule and the large number of defendants.
But even if the trial is delayed, the Georgia indictment could have a long rat tail in its wake. One that Trump himself, if he were to become president again, would not be able to free himself so quickly. Since the trial is at the state level, even from the Oval Office he could not stop it, nor could he pardon himself if convicted. In plain language, if Trump is found guilty in Atlanta, he would have to go to jail.
Sources: “NYTimes“, “Washington Post“, “CNN“, with DPA and AFP material