Georgia Indictments, Probably Including Trump, Coming This Summer

Published on

Georgia Indictments, Probably Including Trump, Coming This Summer; Letter Warning of Violence, Plus Other Signs, Suggest RICO and Other Charges

Possible Donald Trump Indictment This Summer

WASHINGTON, D.C. (April 24, 2023) – Fulton County DA Fani Willis has telegraphed that she will probably criminally indict former president Donald Trump in letters sent to local law enforcement warning them to be ready shortly for “heightened security and preparedness” because she predicted her announcement this summer “may provoke a significant public reaction.”

For example, Willis wrote to Fulton Sheriff Patrick Labat: “Please accept this correspondence as notice to allow you sufficient time to prepare the Sheriff’s Office and coordinate with local, state and federal agencies to ensure that our law enforcement community is ready to protect the public.”

The wording of the letter very clearly indicates that the indictments about to be announced this summer will include Trump, since indictments of other lesser participants in schemes to illegally change the outcome of the election in the Peach State would not be expected to trigger much public concern, much less illegal riots and other lawbreaking requiring police intervention, says public interest law professor John Banzhaf.

Banzhaf filed the formal complaint with Willis’ office, charging Trump with violating at least three Georgia criminal statutes, which triggered her subsequent formal investigation, including calling as witnesses many high ranking Republicans, and the convening of a special grand jury.

Banzhaf, whose memo to the Justice Department triggered its very successful criminal prosecution of the major cigarette companies under the federal RICO statute, has also outlined several reasons why the Georgia criminal proceeding is likely to include at least one RICO count; a major concern for Trump since the state RICO statute is more powerful and more far reaching than its federal counterpart.

Prof Banzhaf notes that he and many other legal observers believe that the indictments likely to be obtained shortly by Willis would be the strongest of the four possible ones, and also more likely to be brought than any by special counsel Jack Smith – if also approved by Attorney General Merritt Garland – by the U.S. Department of Justice.

Regarding the first of two federal cases, when the facts initially emerged, many legal experts felt that a case based upon the classified and other government documents recovered from Mar-a-Lago was the simplest and strongest criminal case which could be brought against Trump.

But the subsequent discovery of similar documents found in the homes and offices of Joe Biden and Mike Pence – although clearly distinguishable from Trump’s situation – have significantly muddied the waters.

The comparisons (only 1 of 3 is likely to be prosecuted) would clearly undercut the government’s case among the public – including many who are not Trump supporters – and could even cause at least one member of a trial jury to exercise his legal right of juror nullification and vote “no” because of a perceived unfairness, suggests Banzhaf.

The law professor has also explained why criminal charges based on the January 6th riot would also be difficult to bring, including not just various interpretations of Trump’s words and other involvement, but also the First Amendment problems created by the Supreme Court’s Brandenburg decision.

Moreover, in both potential Justice Department cases, Biden would face the upsetting optics of a president using his administration to embarrass, inconvenience, and possibly even imprison his predecessor and major political opponent – something generally associated with third-world banana-republic corrupt countries.

Prof Banzhaf has frequently detailed the many experts who believe that an indictment from Georgia is the greatest legal danger Trump now faces; most recently in this article.