Added to those who met this week, Former President Donald Trump already faces a total of 92 criminal charges distributed in four processes different courts.
But while they all have their merits, most analysts agree that the one raised by District Attorney Fani Willis, in Fulton County, Georgiais “an animal of another lineage” that it poses the most serious legal threat the Republican leader will have to face going forward.
Willis accused Trump and 18 others in his inner circle of committing at least 41 crimes in a corrupt effort to reverse election results. in this state despite the clear victory of President Joe Biden, which was ratified at the time by the electoral and political authorities despite the fact that they were part of their own party.
Although the indictment is similar to and complements the prosecution launched by Special Counsel Jack Smith a few weeks ago over Trump’s efforts to stay in power and prevent a peaceful transition of command, what is new in the Willis case is his approach.
The Prosecutor, unlike Smith, invoked as the epicenter of his demand the Law of Corrupt and Influenced Organizations by Criminals (RICO), a statute often used to prosecute mafia organizations, drug cartels, and gangs.
(Also read: Can Trump be the first to win the US presidency from jail?)
According to Willis, The objective of that criminal enterprise in which Trump was the head was to steal the elections and deny the right of the constituents to freely choose their rulers.
The indictment describes in full detail at least eight strategies employed by the “organization” to achieve that goal. These include making false statements to legislators and state officials; creating a fake scheme of Electoral College voters to vote for Trump; harassment and intimidation of poll workers; request the Department of Justice to make false statements about non-existent fraud; asking Vice President Mike Pence to illegally reject Electoral College votes; illegal access to polling stations, and obstruction of justice to cover up the conspiracy.
Although 41 other charges against the defendants derive from these same conducts, the umbrella offered by RICO makes them more dangerous. Although this same statute exists at the federal level, the Georgia version is much more expansive and gives prosecutors a whole series of advantages to achieve a conviction.
(You may be interested: This is Fani Willis, the prosecutor who filed the fourth indictment against Trump)
“The use of RICO carries several benefits for prosecutors, including the ability to present evidence that might not otherwise be admissible in terms of geographic scope and timeframe, and the ability to tell a coherent and comprehensive story about the actions of all members of the firm, even if the defendants drop the case before trial. For example, Willis uses dozens of overt acts that were committed in Washington, Arizona, Pennsylvania, Michigan, Nevada, and elsewhere. It is important to note that even if the defendants drop the case, Willis will have the right to expose these incidents as part of organized crime activity,” says former prosecutor and law professor at New York University Jennifer Rodgers.
(Also: Abecé: Georgia and the other charges that Donald Trump faces in the United States today)
They will have to consider whether to remain loyal to Trump to the end or end up cooperating with justice against their former boss.
But the Georgia case also has other fundamental differences. Unlike the three previous processes, where the only defendant is Trump, Willis papered nearly 20 more people. They included former New York Mayor Rudy Giuliani, former Chief of Staff Mark Meadows, other lawyers for the former president and state officials. All face sentences of between 5 and 20 years.
And everyone, at some point, will have to consider whether to remain loyal to Trump to the end or end up cooperating with the prosecution of their former boss.
With an aggravating circumstance that makes this case even more delicate. Since this is a state process, even if Trump wins the presidency it will not go away.. It is speculated, for example, that if the ex-president returns to the White House, he could immediately annul the two federal cases that Special Prosecutor Smith is advancing.
Even if he had already been convicted in one of them, the President of the United States would even have the power to pardon himself.
Something you cannot do in the case of Georgia and neither offer amnesties to any of the other 18 defendants.
In other words, Trump could still be convicted while back in the Oval Office. A scenario of terror never before faced by American democracy and with unpredictable consequences.
(You can read: Why can Donald Trump continue in the presidential campaign, even if he is convicted?)
The “Willis case”, additionally, has another element that separates it from the others and whose impact could be significant. In Georgia there are no restrictions on the proceedings and an eventual trial could be televised live and live.
So the images of Trump and the other defendants sitting in court facing justice promise a whole media circus that could further tarnish their reputations.
The Georgia process, as in the case of all the previous ones, will run parallel to the presidential campaign and the primary and general elections scheduled for next year. In fact, given the size of the indictment and the fact that it was the last to be filed, it will probably take the longest to reach a resolution.
Politically, as has been demonstrated with the other three previous processes, Fanis’ indictment will continue to fuel the former president’s narrative of a vendetta against him orchestrated by the Democrats to prevent his victory. Something that already has him at the head of the electoral preferences among Republicans, at least for the primary elections.
(Keep reading: Trump impeachment points to problems, but remains popular with many)
No one knows at this point how the American public will react to the general election, where the vote of independents and perhaps some Republicans will weigh heavily against the prospect of electing a president accused – and even convicted for that matter – of a whole series of crimes.
That, however, is an irrelevant detail in Georgia where Trump, whether he wins or loses the presidency, will have to face a verdict reached by a 12-person jury.
SERGIO GOMEZ MASERI
WEATHER CORRESPONDENT
WASHINGTON
ON TWITTER_ @SERGOM68
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