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FiveThirtyEight Politics

Three Georgia Law Professors Weigh In On Trump's Indictment

FiveThirtyEight Politics

ABC News

News, Politics

4.620.6K Ratings

🗓️ 15 August 2023

⏱️ 38 minutes

🧾️ Download transcript

Summary

Former President Donald Trump has been indicted for a fourth time, now in Fulton County, Georgia, for efforts to overturn the results of the 2020 presidential election in that state. While the alleged crimes in this case are similar in some ways to his previous federal indictments in special counsel Jack Smith’s investigation, there are important differences. First, these are state crimes, based in part on Georgia’s racketeering laws, which have historically been applied much more broadly than federal racketeering laws. Second, and relatedly, the core of this case involves an alleged criminal enterprise, which has led to the indictments of 18 other people also involved — in various ways — in trying to overturn the results of the 2020 election. Third, these being state crimes, the president has no power to pardon or commute a sentence in this case — important when thinking about the possibility of a second term for Trump. And unlike the former president’s prior indictments in New York, Florida and Washington, D.C., Georgia allows its court proceedings to be televised. That could be a significant factor in how the public might process the indictment. In this installment of the FiveThirtyEight Politics podcast, Galen Druke speaks with a group of Georgia legal experts about what to expect from this case and what makes it distinct from Trump's other legal woes. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

Hello and welcome to the 538 Politics Podcast, I'm Galen Druke.

0:13.4

Former President Trump has been indicted for a fourth time, now in Fulton County for

0:18.7

efforts to overturn the results of the 2020 election in Georgia.

0:23.2

While the alleged crimes in this case relate to his federal indictment and special counsel

0:27.2

Jack Smith's investigation, there are important differences.

0:30.7

First, these are state crimes, based in part on Georgia's racketeering laws which have

0:35.2

historically been applied much more broadly than federal racketeering laws.

0:39.7

Second, and relatedly, there's an alleged criminal enterprise at the core of this case,

0:44.8

which resulted in the indictment of 18 other people also involved in some way in trying

0:49.8

to overturn the results of the 2020 election.

0:52.9

That group includes names like Rudy Giuliani, Mark Meadows, Sidney Powell, and other names

0:57.2

you might remember from the months following the 2020 election.

1:01.1

And some folks you've probably never heard of before.

1:04.0

Third, thinking about a possible Trump second term, these being state crimes, the president

1:09.3

has no part in power or power to make the case go away.

1:13.4

Also, unlike in the other cases so far, Georgia allows its court proceedings to be televised,

1:18.6

so if you're thinking about how the public might process all of this, perhaps that holds

1:22.7

some significance.

1:23.7

There's more to get into, and we're going to dig into it right now with a group of Georgia

1:27.7

legal experts here with me, our professor of law and associate dean of research at Emory

1:32.8

University, Kay Levine.

1:34.2

Welcome to the podcast.

...

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