101 votes

Grand jury in the US state of Georgia returns indictments in Donald Trump 2020 election case

50 comments

  1. [5]
    CosmicDefect
    Link
    The fact this is actually a RICO case kinda blows my mind. Also, there's something like 30 unindicted co-conspirators in addition to the 19 people (including the former President) actually...

    The fact this is actually a RICO case kinda blows my mind. Also, there's something like 30 unindicted co-conspirators in addition to the 19 people (including the former President) actually charged. This is going to be a huge case both in legal complexity and importance.

    33 votes
    1. [2]
      boxer_dogs_dance
      (edited )
      Link Parent
      Re importance, conservative writer and former federal prosecutor Andrew McCarthy thinks it is arguably the most important. Our laws give authority to regulate elections to the states and there are...

      Re importance, conservative writer and former federal prosecutor Andrew McCarthy thinks it is arguably the most important. Our laws give authority to regulate elections to the states and there are very specific state laws about election interference and tampering. Jack Smith for the department of justice has to charge broader crimes and show how they apply, but the Georgia prosecutor has laws she can use that are exactly on point for the facts in this case.

      https://nypost.com/2023/08/14/out-of-all-indictments-georgia-is-the-most-perilous-threat-to-trump/

      14 votes
      1. CosmicDefect
        Link Parent
        I've heard from my particular brand of pundits that the Georgia case was always the most dangerous for the former President. It's interesting to hear this perspective bear out in other circles as...

        I've heard from my particular brand of pundits that the Georgia case was always the most dangerous for the former President. It's interesting to hear this perspective bear out in other circles as well.

        8 votes
    2. Eji1700
      Link Parent
      To my amateur/have friends in law understanding, RICO requirements are honestly extremely concerning. It's the sort of thing that can be applied far outside the intended purpose, and I'm positive...

      The fact this is actually a RICO case kinda blows my mind.

      To my amateur/have friends in law understanding, RICO requirements are honestly extremely concerning. It's the sort of thing that can be applied far outside the intended purpose, and I'm positive that discussion is going to come up because it's the perfect one to trip up people who mean well.

      Trump's case might be a good example of a RICO case, but I wouldn't be surprised if there's some legit arguments as to it being misapplied, which will then lead to all sorts of shouting in circles. Vaguely like the people arguing the Jan 6th rioters should be hit with felony murder.

      4 votes
  2. [4]
    crowsby
    Link
    In case anyone was curious, Georgia is one of five states that does not grant pardon power to its governor. It has a board that determines pardons, and a prisoner must serve at least five years in...

    In case anyone was curious, Georgia is one of five states that does not grant pardon power to its governor. It has a board that determines pardons, and a prisoner must serve at least five years in prison before being eligible for one.

    Link

    28 votes
    1. [3]
      Houdini
      (edited )
      Link Parent
      Even then, he is being charged with mostly federal crimes, so the board wouldn’t be able to pardon him for much. He could only pardon Trump for whatever state crimes he’s convicted of.

      Even then, he is being charged with mostly federal crimes, so the board wouldn’t be able to pardon him for much. He could only pardon Trump for whatever state crimes he’s convicted of.

      8 votes
      1. chiliedogg
        Link Parent
        That's the danger. Trump's team is absolutely going to try to get this elevated to the federal system so he or a future Republican can pardon him.

        That's the danger. Trump's team is absolutely going to try to get this elevated to the federal system so he or a future Republican can pardon him.

        6 votes
      2. stu2b50
        Link Parent
        State crimes are what are more threatening, as a future republican president can pardon Trump of any federal crimes.

        State crimes are what are more threatening, as a future republican president can pardon Trump of any federal crimes.

        3 votes
  3. [8]
    spit-evil-olive-tips
    Link
    here's the actual indictment (98 page PDF): https://s3.documentcloud.org/documents/23909551/23sc188947-criminal-indictment64.pdf (found via this post on the NBC News live coverage)

    here's the actual indictment (98 page PDF):

    https://s3.documentcloud.org/documents/23909551/23sc188947-criminal-indictment64.pdf

    (found via this post on the NBC News live coverage)

    25 votes
    1. [7]
      NomadicCoder
      Link Parent
      I've been skimming the indictment that I've been waiting for with baited breath. I am not sure that I understand act 22. Obviously it's a summary, but I'm not following what the claim is here:...

      I've been skimming the indictment that I've been waiting for with baited breath. I am not sure that I understand act 22. Obviously it's a summary, but I'm not following what the claim is here:

      Act 22
      On or about the 3rd day of December 2020, DONALD JOHN TRUMP caused to be tweeted from the Twitter account @RealDonaldTrump, "Georgia hearings now on @OANN. Amazing!" This was an overt act in furtherance of the conspiracy.

      Likely more details will come out during the trial, but what is the claim of wrongdoing here? How is that post, in and of itself, an "overt act in furtherance of the conspiracy"? It doesn't seem to be advocating for any wrongdoing.

      9 votes
      1. [4]
        Sodliddesu
        Link Parent
        The Georgia hearings on OAN were bullshit, like everything on OAN, but they show that Trump was actively supporting and amplifying disinformation to support his attempts to overturn the election...

        The Georgia hearings on OAN were bullshit, like everything on OAN, but they show that Trump was actively supporting and amplifying disinformation to support his attempts to overturn the election and specifically undermine Georgias election.

        And based on the federal case, he is alleged to know it was bullshit. Therefore he used his positional power (the account currently considered to be an official government Twitter account) in furtherance of his conspiracy.

        23 votes
      2. spit-evil-olive-tips
        Link Parent
        in general, conspiracy, when used in a legal context: Georgia is one of the jurisdictions with the requirement to commit an overt act a simplified example might be, Alice and Bob talk to each...

        in general, conspiracy, when used in a legal context:

        is an agreement between two or more people to commit an illegal act, along with an intent to achieve the agreement's goal. Most U.S. jurisdictions also require an overt act toward furthering the agreement. An overt act is a statutory requirement, not a constitutional one.

        Georgia is one of the jurisdictions with the requirement to commit an overt act

        a simplified example might be, Alice and Bob talk to each other and agree that they want to kill Vicky. they debate how they want to do it, and decide that shooting Vicky with a gun would be easiest.

        a hour after that conversation, Alice drives to a gun store and buys a gun.

        buying a gun isn't necessarily illegal (we can assume in this hypothetical that Alice followed all relevant gun control laws). but the act of buying the gun, when combined with the previous conversation, satisfies one of the elements necessary for the crime of conspiracy to commit murder.

        ditto if they discuss how to dispose of the body, and afterwards Bob goes and buys a hacksaw and big heavy-duty garbage bags. there's no requirement that an act furthering the conspiracy be a crime on its own.

        also, it's always important to look at the conspiracy as a whole, instead of just the individual acts in isolation:

        • act 22, as you said, is Trump tweeting about the hearings in Georgia

        • act 23 is Giuliani, Eastman, Ellis and Smith trying to convince members of the Georgia Senate, at those hearings, to violate their oaths of office

        • act 24 is Giuliani making false statements at the Georgia Senate hearings

        • act 25 is Smith also making false statements at the hearings

        • acts 26 and 27 are further tweets from Trump about the hearings

        and all of the above acts happened on a single day (December 3rd)

        a hilarious take on this, from April:

        New right wing thing is describing crimes as generically as possible to pretend like they're not crimes. Someone gets convicted of conspiracy and they start yelling "Wow so it's illegal to make plans with friends now"

        and right on schedule, yesterday you had for example Charlie Kirk:

        Watching cable TV and tweeting can now get you indicted.

        12 votes
      3. WiseassWolfOfYoitsu
        Link Parent
        Georgia's RICO law is broad - far broader than even the Federal one. Things named don't have to in and of themselves be illegal - if there was an illegal act, they can name a fairly broad variety...

        Georgia's RICO law is broad - far broader than even the Federal one. Things named don't have to in and of themselves be illegal - if there was an illegal act, they can name a fairly broad variety of other things done in the furtherance of it as being relevant even if not themselves illegal. I believe this was named as part of that - that he was actively seeking to spread misinformation as part of the broader conspiracy.

        9 votes
  4. [14]
    boxer_dogs_dance
    (edited )
    Link
    Analysis of how the case is likely to proceed. https://www.justsecurity.org/87598/what-to-expect-when-youre-expecting-a-georgia-indictment-of-trump
    13 votes
    1. [13]
      PantsEnvy
      (edited )
      Link Parent
      Meanwhile, in completely unrelated news Trump Calls Out Key Witness In Georgia Saying He “Shouldn’t” Testify Edit: Actual law I am struggling to see how Trump gets granted bail in Georgia.

      A superior court judge makes determinations of pretrial release. Georgia law permits bail if the court finds that the defendant poses no significant risk of (1) flight; (2) threat to the community; (3) committing a felony pending trial; and (4) intimidating a witness or otherwise obstructing justice.

      On one hand, Trump will argue that detention is not warranted because he has been charged in three other jurisdictions and will claim that he has complied with the conditions in those cases. On the other hand, Trump has made comments in the context of the other pending prosecutions that could be interpreted as intimidating witnesses or obstructing justice, which could be used against him for purposes of determining detention.

      Meanwhile, in completely unrelated news Trump Calls Out Key Witness In Georgia Saying He “Shouldn’t” Testify

      Edit: Actual law

      A court shall be authorized to release a person on bail if the court finds that the person:
      Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

      I am struggling to see how Trump gets granted bail in Georgia.

      24 votes
      1. [11]
        psi
        (edited )
        Link Parent
        There's approximately a 0% chance that Trump will be detained in any jurisdiction prior to his conviction. Indicting a former President is already unprecedented -- no judge will send Trump to jail...

        There's approximately a 0% chance that Trump will be detained in any jurisdiction prior to his conviction. Indicting a former President is already unprecedented -- no judge will send Trump to jail over a technicality, as justified as they may be. it would be impossible to excise the political ramifications from the legal ones.

        Think of the stink Republicans have made over Hunter Biden receiving a plea deal, which they continue to whine about despite that prosecutor having been since promoted to special counsel.

        Now imagine a judge sending Trump to jail over a social media post. Every Republican politician in the country would call for that judge to be impeached. The task of finding an impartial jury would become doubly impossible.

        And even after his inevitable conviction, the requirement that Trump receive secret service protection will likely preclude the possibility that Trump spends time in prison. The most likely sentence here is house arrest.

        28 votes
        1. [10]
          PantsEnvy
          (edited )
          Link Parent
          To grant bail, the law states the judges will have to find that Trump poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. I'm sure the...

          To grant bail, the law states the judges will have to find that Trump poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

          I'm sure the assigned judge will want to grant bail, I am simply struggling to see how they can grant bail, given the law as it is written, and the facts as they are.

          23 votes
          1. [7]
            psi
            (edited )
            Link Parent
            The concept of denying pretrial release for risk of witness tampering or obstruction of justice isn't unique to Georgia, however. You could make the same argument for detaining Trump while any of...

            The concept of denying pretrial release for risk of witness tampering or obstruction of justice isn't unique to Georgia, however. You could make the same argument for detaining Trump while any of his other three criminal trials are ongoing, and yet he's still free. (I mean, he literally wrote on his social media platform "IF YOU GO AFTER ME, I'M COMING AFTER YOU", so it's not like he's been subtle about it, either).

            Ultimately it's the judge's decision to make.

            13 votes
            1. [6]
              PantsEnvy
              Link Parent
              Georgia state has pretty significant requirements for preventing evidence, witness and jury tampering, far more severe than federal at that level. While judges have some discretion in setting...

              Georgia state has pretty significant requirements for preventing evidence, witness and jury tampering, far more severe than federal at that level.

              While judges have some discretion in setting bail, they must do so within the constraints of the law and their assessment of the particular factors involved in the case.

              4 votes
              1. [5]
                Eji1700
                Link Parent
                It will be trivial for a judge to say that trump meets the requirements for bail and figure "they can argue about it later". They literally just did this with SBF who finally crossed enough lines...

                While judges have some discretion in setting bail, they must do so within the constraints of the law and their assessment of the particular factors involved in the case.

                It will be trivial for a judge to say that trump meets the requirements for bail and figure "they can argue about it later". They literally just did this with SBF who finally crossed enough lines to wind up in jail, and I'm not sure they will jail Trump for any bail violations unless they're EXTREMELY blatant (attempted fleeing the country/having a witness beat up).

                No one wants to touch that issue with a 10ft pole and it could jeopardize/drag out the entire process (something that's already going to be ugly since I don't think any of these trials will be close to finishing before the election). The standard on these sorts of things is supposed to be that denying bail, especially on possible 1st amendment issues, should side on the edge of caution, and while that obviously doesn't happen for the vast majority of people, naturally those who can afford real lawyers get the real law.

                Add all the confounding extra issues on top of this and i'll be shocked if he sees a day in prison before a trial ends.

                8 votes
                1. [4]
                  PantsEnvy
                  Link Parent
                  There is no first amendment exemption for witness tampering.

                  There is no first amendment exemption for witness tampering.

                  2 votes
                  1. [3]
                    Eji1700
                    Link Parent
                    Of course not. But you have to prove it's witness tampering, and it's not like he beat these people with a crowbar on camera. He made claims on a private companies publicly viewable content. Damn...

                    Of course not.

                    But you have to prove it's witness tampering, and it's not like he beat these people with a crowbar on camera. He made claims on a private companies publicly viewable content. Damn near everyone knows his wording is almost exactly that, but it's extremely hard to prove (as all things relating to the 1st are, like defamation cases) and failing to do so is going to tank the case.

                    5 votes
                    1. [2]
                      PantsEnvy
                      Link Parent
                      No, a judge has to find that Trump isn't at risk of tampering with witnesses, in order to grant bail.

                      No, a judge has to find that Trump isn't at risk of tampering with witnesses, in order to grant bail.

                      2 votes
                      1. Eji1700
                        Link Parent
                        I’m aware. And I’m pretty sure the defense has the right to appeal that. And then you need to prove why. And then you’re giving trump even more time to delay and score a win on something that has...

                        I’m aware. And I’m pretty sure the defense has the right to appeal that. And then you need to prove why. And then you’re giving trump even more time to delay and score a win on something that has a ton of case law behind that

                        1 vote
          2. [2]
            updawg
            Link Parent
            Simple. They bonk their gavel and then say "bail is set at $X."

            I am simply struggling to see how they can grant bail

            Simple. They bonk their gavel and then say "bail is set at $X."

            3 votes
            1. NinjaSky
              Link Parent
              I think it'll more simply be he's a public figure running for office his threshold for first amendment rights and such are higher, ya know the typical bs we've been hearing.

              I think it'll more simply be he's a public figure running for office his threshold for first amendment rights and such are higher, ya know the typical bs we've been hearing.

              3 votes
      2. dfx
        Link Parent
        The issue here is that Fulton County is pretty well-known for releasing known violent offenders that are a danger to the community on bond. It will not be hard for the defense to find plenty of...

        The issue here is that Fulton County is pretty well-known for releasing known violent offenders that are a danger to the community on bond. It will not be hard for the defense to find plenty of cases of individuals arrested for murder that were given bond (even folks arrested for bail jumping or failure to appear are granted another bond), and it will be hard for the court to go back on the precedent it has set for itself.

        1 vote
  5. [14]
    All_your_base
    Link
    Why is there NOT a rule that says you can NOT run for president if you are under indictment ?

    Why is there NOT a rule that says you can NOT run for president if you are under indictment ?

    7 votes
    1. [10]
      stu2b50
      Link Parent
      Let's say it's 2020, Trump is president. He gets his AG to indict Biden for some random made up crime (maybe connecting to the Hunter Biden stuff in Ukraine). The burden of proof for an indictment...
      • Exemplary

      Let's say it's 2020, Trump is president. He gets his AG to indict Biden for some random made up crime (maybe connecting to the Hunter Biden stuff in Ukraine). The burden of proof for an indictment is not high - the saying goes that a good prosecutor can get a grand jury to indict a ham sandwich. A grand jury isn't presented with both sides, the prosecutor just gets to yap at them the whole time, so it's not hard to get indictments.

      Now Joe Biden can't run for president after he was chosen as the Democratic nominee. With Democrats in chaos, Trump glides to an easy win. The trial against Biden gets thrown out, but hey, it doesn't really matter, does it?

      81 votes
      1. [6]
        archevel
        Link Parent
        I struggle to find a good reason for having laws preventing people to run for office even if they've been convicted to be honest. Isn't it a foundational element of a democracy is being able to...

        I struggle to find a good reason for having laws preventing people to run for office even if they've been convicted to be honest. Isn't it a foundational element of a democracy is being able to elect whoever is deemd fit to serve? I get not liking Trump, but if people want him as president... now I know this ignores many other problems with the American election system, but as a principle why does being convicted of any type of crime make someone unfit for office?

        23 votes
        1. [4]
          spit-evil-olive-tips
          Link Parent
          for crimes in general, I tend to agree. the one exception I can think of is section 3 of the 14th Amendment: if you held federal office, and sworn an oath to uphold the Constitution, and then...

          for crimes in general, I tend to agree. the one exception I can think of is section 3 of the 14th Amendment:

          No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.

          if you held federal office, and sworn an oath to uphold the Constitution, and then violated that oath by committing insurrection (such as by fighting for the Confederacy in the Civil War) you were barred from holding federal office in the future. but even then they allowed an escape hatch in the form of two-thirds of each house of Congress voting to allow someone.

          32 votes
          1. [3]
            archevel
            Link Parent
            Sure, I can see the point that electing that person again would be dumb... but again, if they've served their sentence shouldn't people get their rights back?

            Sure, I can see the point that electing that person again would be dumb... but again, if they've served their sentence shouldn't people get their rights back?

            3 votes
            1. avirse
              Link Parent
              Ignoring for a moment that people don't always get their rights back after serving the sentence for their crime (and the existence of wrongful convictions). People who commit particularly bad...

              Ignoring for a moment that people don't always get their rights back after serving the sentence for their crime (and the existence of wrongful convictions).

              People who commit particularly bad crimes are sentenced to a lifetime of imprisonment, people who violate their federal oath are effectively sentenced to a lifetime of not being able to take another. Sometimes that is the solution for public good.

              27 votes
            2. takeda
              (edited )
              Link Parent
              Well... Hitler did serve his sentence in 1924... Then run again and everyone lived happily ever after. Also, can you believe no one was taking him seriously until he won?

              Well... Hitler did serve his sentence in 1924... Then run again and everyone lived happily ever after.

              Also, can you believe no one was taking him seriously until he won?

              7 votes
        2. Chinpokomon
          Link Parent
          For the same reason, those convicted and in prison should be given the opportunity to vote, although their ability to know anything about the candidates or not be compelled to vote for something...

          For the same reason, those convicted and in prison should be given the opportunity to vote, although their ability to know anything about the candidates or not be compelled to vote for something without persuasion makes that more difficult. After they are released though, they absolutely should have that right restored.

          3 votes
      2. [3]
        CosmicDefect
        Link Parent
        Just to add a little context for at least the federal cases, the Feds are reticent to bring cases they don't have a good chance of winning. Now, these Trump indictments are unprecedented (or......

        A grand jury isn't presented with both sides, the prosecutor just gets to yap at them the whole time, so it's not hard to get indictments.

        Just to add a little context for at least the federal cases, the Feds are reticent to bring cases they don't have a good chance of winning. Now, these Trump indictments are unprecedented (or... well... now precedented 3 times over), so the value in conventional wisdom is murky.

        7 votes
        1. [2]
          stu2b50
          Link Parent
          Those aren’t contradictory ideas. For an independent prosecutor or state attorney general, to launch a case like this and have it flop would be very embarrassing and damaging to your political...

          Those aren’t contradictory ideas. For an independent prosecutor or state attorney general, to launch a case like this and have it flop would be very embarrassing and damaging to your political career in the future.

          That they launched the case is notable in Biden’s America, because it’s fair to assume that Biden is not exerting political pressure to prosecute trump.

          That they got the indictment from the grand jury is not that notable. It’s what came before. And that this can be a dangerous weapon when the prosecutors are NOT independent, and acting in their own will, is just as true.

          5 votes
          1. CosmicDefect
            Link Parent
            These are fair points. And like you said, my understanding is the Biden admin is very hands off with regard to the DOJ, but as we saw during the Trump years, this seems is just another one of...

            These are fair points. And like you said, my understanding is the Biden admin is very hands off with regard to the DOJ, but as we saw during the Trump years, this seems is just another one of those unwritten rules established by history and convention that is at risk of abuse.

            2 votes
    2. Athing
      Link Parent
      Everyone’s giving the right reply, but to see how this might play out, look to Cambodia. Not a single person opposing Hun Sen on the ballet because they were all put in jail for various made up...

      Everyone’s giving the right reply, but to see how this might play out, look to Cambodia. Not a single person opposing Hun Sen on the ballet because they were all put in jail for various made up crimes. Very easy to abuse to go against your political enemies.

      18 votes
    3. [2]
      Hello
      Link Parent
      Rules are usually created in reaction to a situation, and since this is a fairly unprecedented situation in the US it's not surprising that rules haven't caught up with it yet. That being said, I...

      Rules are usually created in reaction to a situation, and since this is a fairly unprecedented situation in the US it's not surprising that rules haven't caught up with it yet.

      That being said, I think disqualification just based on being indicted (not criminally convicted) would run afoul of the principles of due process and innocent-until-proven-guilty.

      10 votes
      1. stu2b50
        Link Parent
        Eugene Debs actually ran for President while in prison. He got 3.4% of the vote as well! Debs is also a good example for why you can run for President while in prison - he's not exactly guilty of...

        since this is a fairly unprecedented situation in the US

        Eugene Debs actually ran for President while in prison. He got 3.4% of the vote as well!

        Debs is also a good example for why you can run for President while in prison - he's not exactly guilty of a heinous crime. Debs was a member of the socialist party and made an anti-war speech in 1918 and was arrested, tried, and found guilty under the Espionage Act of 1917 for potentially leading recruits away from the military with his speech.

        The Espionage Act was repealed in 1921 and Harding commuted his sentence. Even beyond that, his imprisonment sure sounds like bullshit to a modern ear!

        34 votes