August 16, 2023

The Highly Dangerous Georgia Indictments

Prepare for a future in which running for office carries the legal risk of going to jail — on all sides.

This week, Fulton County District Attorney Fani Willis launched a 98-page missile directly into the heart of American politics. That missile was a 41-count indictment charging former President Donald Trump and 18 alleged co-conspirators with violation of the Georgia version of the Racketeering Influenced and Corrupt Organizations Act — acts in furtherance of a conspiracy to commit a criminal act. In this case, the criminal act, according to the indictment, was “knowingly and willfully (joining) a conspiracy to unlawfully change the outcome of the election in favor of Trump.”

Whether this amounts to a crime comes down to the question of whether Trump himself knew that he had lost the election; if he believed that he had won, then all the other accusations about him fall away. After all, it is not a crime to pursue a spurious legal strategy in furtherance of a delusion. But by charging RICO, Willis extends the case to people who may have admitted that Trump lost the election. This accomplishes two purposes. First, it puts these alleged co-conspirators in serious legal jeopardy, giving them reason to flip on Trump himself. Second, it may allow Willis to charge Trump as part of a criminal conspiracy even if he personally believed he won the election — after all, case law suggests that co-conspirators can be charged under RICO even if they didn’t agree on every aspect of the conspiracy, so long as they knew the “general nature of the enterprise.”

The Georgia case also presents unique danger to Trump because it is a state case. The Manhattan case against Trump rooted in campaign finance allegations is incredibly weak and is an obvious stretch; the Florida and D.C. cases against Trump are federal, which means that if elected president, he could theoretically pardon himself. The Georgia case is both wide-ranging and state-based: if convicted, Trump would go to state prison, and would have no ability to pardon himself. Georgia Gov. Brian Kemp does not have unilateral pardon power, either: In Georgia, pardons work through an appointed board. So, the very real prospect exists that even were Trump elected, he’d start his term from a state prison.

But even that discussion is premature: The Georgia case, along with all the other indictments against Trump, are going to lock him into courthouses for the rest of the election cycle. What’s more, every waking moment for the media will be coverage of those court cases. That will make it impossible for Trump — even if he were so inclined, which has shown no evidence of being — to talk about President Joe Biden rather than his legal peril. And there has yet to be a single piece of data suggesting that Americans are driven to vote for Trump because of his legal troubles. To pardon yourself, you have to be elected president. But spending your entire presidential race in the dock makes that a radically uphill battle.

All of this is quite terrible for the country. No matter what you think of Trump’s various legal imbroglios — from mishandling classified documents to paying off porn stars to calling up the Georgia secretary of state in an attempt to “find” votes — the glass has now been broken over and over and over again: Political opponents can be targeted by legal enemies. It will not be unbroken. If you think that only Democratic district attorneys will play this game, you have another thing coming. Prepare for a future in which running for office carries the legal risk of going to jail — on all sides. Which means that only the worst and the most shameless will run for office.

COPYRIGHT 2023 CREATORS.COM

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.