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      Why Trial Dates for Trump’s Georgia Case Are So Uncertain

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      Some defendants have already sought to move the case to federal court, while others are seeking speedy or separate trials.Even as former President Donald J. Trump and his 18 co-defendants in the Georgia election interference case turned themselves in one by one at an Atlanta jail this week, their lawyers began working to change how the case will play out.They are already at odds over when they will have their day in court, but also, crucially, where. Should enough of them succeed, the case could split into several smaller cases, perhaps overseen by different judges in different courtrooms, running on different timelines.Five defendants have already sought to move the state case to federal court, citing their ties to the federal government. The first one to file — Mark Meadows, Mr. Trump’s chief of staff during the 2020 election — will make the argument for removal on Monday, in a hearing before a federal judge in Atlanta.Federal officials charged with state crimes can move their cases to federal court if they can convince a judge that they are being charged for actions connected to their official duties, among other things.In the Georgia case, the question of whether to change the venue — a legal maneuver known as removal — matters because it would affect the composition of a jury. If the case stays in Fulton County, Ga., the jury will come from a bastion of Democratic politics where Mr. Trump was trounced in 2020. If the case is removed to federal court, the jury will be drawn from a 10-county region of Georgia that is more suburban and rural — and somewhat more Trump-friendly. Because it takes only one not-guilty vote to hang a jury, this modest advantage could prove to be a very big deal.The coming fights over the proper venue for the case are only one strand of a complicated tangle of efforts being launched by a gaggle of defense lawyers now representing Mr. Trump and the 18 others named in the 98-page racketeering indictment. This week, the lawyers clogged both state and federal court dockets with motions that will also determine when the case begins.Already, one defendant’s case is splitting off as a result. Kenneth Chesebro, a lawyer who advised Mr. Trump after the 2020 election, has asked for a speedy trial, and the presiding state judge has agreed to it. His trial is now set to begin on Oct. 23. Another defendant, Sidney Powell, filed a similar motion on Friday, and a third, John Eastman, also plans to invoke his right to an early trial, according to one of his lawyers.Soon after Mr. Chesebro set in motion the possibility of an October trial, Mr. Trump, obviously uncomfortable with the idea of going to court so soon, informed the court that he intended to sever his case from the rest of the defendants. Ordering separate trials for defendants in a large racketeering indictment can occur for any number of reasons, and the judge, Scott McAfee, has made clear the early trial date applied only to Mr. Chesebro.Mr. Trump’s move came as no surprise. As the leading candidate for the Republican presidential nomination, he is in no hurry to see the Georgia matter, or the other three criminal cases against him, go to trial. In the separate federal election interference case Mr. Trump faces in Washington, D.C., his lawyers have asked that the trial start safely beyond the November 2024 general election — in April 2026.In Georgia, the possibility that even a portion of the sprawling case may go to trial in October remains up in the air. The removal efforts have much to do with that.There is a possibility that if one of the five defendants seeking removal is successful, then all 19 will be forced into federal court. Many legal scholars have noted that the question is unsettled.“We are heading for uncharted territory at this point, and nobody knows for sure what is in this novel frontier,” Donald Samuel, a veteran Atlanta defense attorney who represents one of the defendants in the Trump case, Ray Smith III, wrote in an email. “Maybe a trip to the Supreme Court.”The dizzying legal gamesmanship reflects the unique nature of a case that has swept up a former president, a number of relatively obscure Georgia Republican activists, a former publicist for Kanye West and lawyer-defendants of varying prominence. All bring their own agendas, financial concerns and opinions about their chances at trial.And of course, one of them seeks to regain the title of leader of the free world.Some of the defendants seeking a speedy trial may believe that the case against them is weak. They may also hope to catch prosecutors unprepared, although in this case, Fani T. Willis, the district attorney, has been investigating for two and a half years and has had plenty of time to get ready.Fani T. Willis, the district attorney, has been investigating the case for two and a half years. Kenny Holston/The New York TimesAnother reason that some may desire a speedy trial is money.Ms. Willis had originally sought to start a trial in March, but even that seemed ambitious given the complexity of the case. Harvey Silverglate, the lawyer for Mr. Eastman, said he could imagine a scenario in which a verdict might not come for three years.“And Eastman is not a wealthy man,” he said.Mr. Silverglate added that his client “doesn’t have the contributors” that Mr. Trump has. “We are going to seek a severance and a speedy trial. If we have a severance, the trial will take three weeks,” he predicted.How long would a regular racketeering trial take? Brian Tevis, an Atlanta lawyer who negotiated the bond agreement for Rudolph W. Giuliani, Mr. Trump’s former personal lawyer, said that “the defense side would probably want potentially a year or so to catch up.”“You have to realize that the state had a two-year head start,” he said. “They know what they have, no one else knows what they have. No discovery has been turned over, we haven’t even had arraignment yet.”In addition to Mr. Meadows, Jeffrey Clark, a former Justice Department official, is already seeking removal, as is David Shafer, the former head of the Georgia Republican Party; Shawn Still, a Georgia state senator; and Cathy Latham, the former chair of the Republican Party in Coffee County, Ga. Mr. Trump is almost certain to follow, having already tried and failed to have a state criminal case against him in New York moved to federal court.Former President Donald J. Trump informed the court that he intended to sever his case from the rest of the defendants.Doug Mills/The New York TimesThe indictment charges Mr. Meadows with racketeering and “solicitation of violation of oath by public officer” for his participation in the Jan. 2, 2021 call in which Mr. Trump told the Georgia secretary of state that he wanted to “find” enough votes to win Georgia. The indictment also describes other efforts by Mr. Meadows that prosecutors say were part of the illegal scheme to overturn the 2020 election.Mr. Meadows’s lawyers argue that all of the actions in question were what “one would expect” of a White House chief of staff — “arranging Oval Office meetings, contacting state officials on the president’s behalf, visiting a state government building, and setting up a phone call for the president” — and that removal is therefore justified.Prosecutors contend that Mr. Meadows was in fact engaging in political activity that was not part of a chief of staff’s job.The issue is likely to be at the heart of Mr. Trump’s removal effort as well: In calling the secretary of state and other Georgia officials after he lost the election, was he working on his own behalf, or in his capacity as president, to ensure that the election had run properly?Anthony Michael Kreis, an assistant law professor at Georgia State University, said that the indictment may contain an Easter egg that could spoil Mr. Trump’s argument that he was intervening in the Georgia election as part of his duty as a federal official.The indictment says that the election-reversal scheme lasted through September 2021, when Mr. Trump wrote a letter to Georgia’s secretary of state asking him to take steps to decertify the election.Mr. Trump, by that point, had been out of federal office for months.“By showing the racketeering enterprise continued well beyond his time in office,” Mr. Kreis said in a text message, “it undercuts any argument that Trump was acting in a governmental capacity to ensure the election was free, fair and accurate.” More

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      Trump Was Booked in Georgia. What’s Next in Election Interference Case?

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      The booking of former President Donald J. Trump at the Fulton County Jail on Wednesday is only the start of a long legal battle, made more complex by the case’s large number of other defendants.The next step is arraignment — a formal first appearance before a judge to be formally charged, set bail and enter a plea. The Fulton County district attorney, Fani T. Willis, has asked the court to hold the arraignments the week of Sept. 5.Mr. Trump avoided having to wait in jail before appearing in court by negotiating a bail agreement in advance, and it is possible he will waive his right to appear at an arraignment.In fact, all 19 people indicted in the case have the right to waive their arraignments. Doing so would avoid their having to return to Atlanta to appear in court, should the presiding judge, Scott McAfee, agree to such a plan.The arraignment process is a starting bell, of sorts. The judge in the case will set a schedule for pretrial motions, which are expected to be plentiful. Defendants generally have 10 days after their arraignments to make pretrial motions, or requests for rulings they want the court to take before a trial.Three defendants have already filed petitions to move the trial to federal court.But even if the case remains in state court, one can expect other motions, such as ones to suppress certain evidence and perhaps to sever some of the defendants from the main case and try them separately. In addition, before the trial starts, there will be copious amounts of evidence that must be turned over to the defense by the prosecution — a process known as discovery — which can take time, especially in white-collar cases involving lots of documents, phone records and security camera footage.Defense lawyers may also see if there are grounds for what are known as demurrers, or requests to the court to dismiss the indictment. They can argue, for instance, that the indictment fails to include all the elements of the crimes charged, or that the grand jury was improperly composed.All these motions take time to litigate, and with so many defendants, merely scheduling hearings and court dates will be difficult.In what could be another wrinkle, some defendants might choose to plead guilty or even cooperate with the prosecution, and each of those decisions would be the result of negotiations with the Fulton County district attorney’s office.At the same time, what is known as “a speedy trial clock” will be running. In Georgia, criminal defendants must be brought to trial within the second court term, after their arrest, though the court terms — the period of time a court is in session — vary from county to county, and delays are possible if all parties agree. In Fulton County, where this case was filed, terms in the Superior Court are generally for two months, so to meet the state’s speedy trial law the trial would have to be held by Nov. 3.Some of the defendants, for tactical reasons, may also make a formal demand for a speedy trial, hoping to pressure prosecutors and give them less time to prepare. One of Mr. Trump’s co-defendants, Kenneth Chesebro, has already done so.On Thursday, Ms. Willis responded to Mr. Chesebro’s demand by asking the court to start the trial on Oct. 23.A speedy trial would apply to all 19 people indicted in the case. But since some defendants are seeking to move the case to federal court or have said they will seek to sever their cases, the timing of any trial or trials is unclear. Mr. Trump filed a motion on Thursday afternoon saying that he would seek to have his case severed from Mr. Chesebro’s or from that of any other defendant who seeks a speedy trial. More

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      For an Atlanta Reporter, a Trump Scoop Long in the Making

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      George Chidi’s cameo appearance in the indictment of Donald J. Trump in Georgia was a plot twist, but not an accident.The scoop of a lifetime for George Chidi, a freelance journalist in Georgia, began at the State Capitol on the morning of Dec. 14, 2020, when a longtime source walked briskly past, eyes averted as if he didn’t know him, then disappeared into Room 216.Mr. Chidi, concluding that something odd was taking place on the other side of the door, turned the knob and stepped into history.What he saw, and simultaneously live-streamed from his phone, were six to 10 people who reacted with alarm to his presence. As the source, an 18-year-old Republican activist named CJ Pearson, bustled wordlessly out of the room, Mr. Chidi asked what was going on.“Education,” one of the people said.Mr. Chidi was soon escorted out of the meeting, but once in the corridor he asked who had reserved the room. Eventually, a clerk informed him that it was the House speaker, David Ralston, a Republican, who had done so at the behest of one of President Donald J. Trump’s lawyers, Ray Smith. An hour or so later, the state’s Republican chairman, David Shafer, stepped out and told a gathering crowd of reporters that he and the others in the room were providing an “alternate” slate of electors favoring Mr. Trump as a means of challenging Georgia’s official 2020 election results.As of this week, that challenge is characterized as important evidence of a criminal enterprise in a 98-page indictment, the State of Georgia vs. Donald John Trump and 18 other conspirators. It appears on Page 17 under the heading, “Creation and Distribution of False Electoral College Documents.”David Shafer, then the chairman of the Georgia Republican Party, leading a meeting about an alternate slate of electors at the State Capitol in Atlanta on Dec. 14, 2020.Ben Gray/Associated PressRecounting the tableau at a coffee shop in Decatur, Ga., on Tuesday morning, only hours after the indictment was made public at the Fulton County courthouse, Mr. Chidi said he wanted to dispel any notion that his achievement had been a fluke, like a journalistic equivalent of scratching a winning lottery ticket.“It’s not like I just wandered into the Capitol that day,” Mr. Chidi said. “This was years of reporting.”Bald, voluble and insomnia-prone, Mr. Chidi, 50, has a nonlinear but relentless career trajectory that offers an object lesson in how local journalism, imperiled though it may be, can achieve national significance.He is a curious hybrid of old school and new school, an aggressively skeptical journalist but also a man unwilling to remain on the sidelines taking notes. In 2012, he participated in Occupy Atlanta protests that incurred the scorn of Republicans. Five years later, he worked to help close a blighted homeless shelter in the city, to the consternation of some local progressives.Twice he has lost bids for public office, first for state representative and then for county commissioner. He also served two terms on the City Council of Pine Lake, Ga.Mr. Chidi currently makes his living from the 300 or so subscribers who pay $10 a month to read his Substack page, called The Atlanta Objective. The title reflects his animating interest, both in civics and as a writer. He describes a city of enduring promise and vexing inequality, in which the average income of a white household is $80,000 — more than double that of a Black household.In terse but evocative prose and deep reporting, Mr. Chidi examines topics like homelessness and street shootings. He is not shy about contrasting himself with the comparatively polished members of the national press who descended on the Fulton County courthouse to capture the moment of Mr. Trump’s indictment.The son of a Nigerian-born doctor and a stay-at-home mother of Polish descent, Mr. Chidi spent his adolescence as a nerdy Dungeons & Dragons aficionado, one of the only Black students at his school in Northbridge, Mass. After flunking out of the University of Massachusetts, he joined the Army as a reservist in 1991. A slot for a military journalist opened up. As someone with a few English credits who could type over 20 words a minute, Mr. Chidi qualified.Beginning in 1995, he spent the next four years with the 25th Infantry Division in Hawaii, a setting that amounted to on-the-job-training for a local reporter.“Chidi always tested the limits,” recalled Dee McNutt, his former supervising editor at The Hawaii Army Weekly. “He would always try for a different angle, and sometimes I’d have to sit him down and talk to him about it. But he made us better.”Mr. Chidi contrasts himself with members of the national press who descended on the Fulton County courthouse this week to capture former President Donald J. Trump’s indictment.Nicole Craine for The New York TimesReturning home to the Boston area in 1999, Mr. Chidi struggled to find regular journalism work. He made ends meet as a substitute teacher while moonlighting as a security guard. Finally, in 2004, he landed a reporting job for The Rocky Mount Telegram in Rocky Mount, N.C., which paid $14 an hour. His profiles of migrant workers in the area’s tobacco fields caught the notice of The Atlanta Journal-Constitution, which hired him in 2005. An editor for that newspaper, Bill Torpy, recalled strolling through Centennial Olympic Park with Mr. Chidi just after he accepted the new job.“George threw his arms in the air, twirled around and yelled, ‘Atlanta!’” Mr. Torpy said.But the elation proved to be short-lived. Mr. Chidi spent the next two years as a crime reporter, a despairing beat. He said he came to view crime as “a political issue,” one that reflected a city’s social and budgetary choices that all too often came at the expense of a nonwhite underclass. At around the same time, The Atlanta Journal-Constitution ceased its practice of endorsing political candidates, which Mr. Chidi interpreted as the paper’s reluctance to risk offending readers during a challenging time for local journalism.“I think he just got tired of it,” Mr. Torpy said. “When you’re working for a newspaper, you’re there to report, and you can’t be an activist. He needed to be where there’s no wall separating the two. And that’s where he is now.”As a self-described independent journalist, Mr. Chidi’s work often takes him to the State Capitol. He was there on Dec. 19, 2016, videotaping demonstrators who marched outside the building while the state’s 16 electoral votes for Mr. Trump were being tallied.Four years later, Mr. Chidi anticipated that the 2020 electoral certification would be far less placid. He attended a “Stop the Steal” rally in which the right-wing personalities Alex Jones, Ali Alexander and Nicholas Fuentes spoke from the Capitol steps and then, the next day, from inside the building. Mr. Chidi recognized many of the attendees as members of far-right local militia groups he had seen squaring off with antiracist protesters months earlier in Stone Mountain, where Mr. Chidi lived.It was with those encounters in mind that he made his way back to the State Capitol on Dec. 14, 2020.Asked the morning after Mr. Trump’s indictment whether he would now leave the story to the national press, Mr. Chidi put down his cup of coffee and thought for a moment.“Hell, no,” he said. “I want to compete with those guys. Come to my home turf and see what happens.” More

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      Trump Allies, and Possibly Trump, Likely to Be Booked at Notorious Atlanta Jail

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      The local sheriff has said the defendants would be treated like everyone else should they surrender at the jail; the process for Donald J. Trump could be different.To locals, the jail is known simply as “Rice Street.”And over the next nine days, the sprawling Atlanta detention center is where defendants in the racketeering case against Donald J. Trump and his allies will be booked. The local sheriff, who oversees the jail, says that even high-profile defendants like Rudolph W. Giuliani, Mr. Trump’s former personal lawyer, and Mark Meadows, his former chief of staff, would be treated like everyone else should they surrender there.That means they would undergo a medical screening, be fingerprinted and have mug shots taken, and could spend time in a holding cell at the jail, weeks after the Justice Department announced an investigation for what it called “serious allegations of unsafe, unsanitary living conditions” there.On Wednesday, the Fulton County Sheriff’s Office prohibited news media from gathering near the jail as it prepared for the defendants to be processed. Fani T. Willis, the district attorney of Fulton County, has said that she wants all 19 people charged in the case to be booked by noon on Aug. 25. Her office has led a two-and-a-half-year investigation into election interference by Mr. Trump and his allies that culminated this week with a 98-page racketeering indictment.The Sheriff’s Office said in a statement on Tuesday that “at this point, based on guidance received from the district attorney’s office and presiding judge, it is expected that all 19 defendants” would be booked at the Fulton County Jail, as the Rice Street jail is officially called. But whether Mr. Trump himself is processed there will very likely depend on the Secret Service.After surrendering this year in Manhattan, where he has been indicted in an unrelated case, Mr. Trump was allowed to forgo certain procedural steps, including being handcuffed and having his booking photo taken.The Fulton County Sheriff’s Office has not described in detail how the booking process will unfold for Mr. Trump’s co-defendants, leaving it unclear if they will truly follow standard operating procedure in one of the highest-profile prosecutions in the state’s history.After the bookings, the defendants will be arraigned in court, where they will hear the charges against them and enter their pleas. On Wednesday, Ms. Willis’s office filed a motion seeking to schedule arraignments for the week of Sept. 5, but the judge assigned to the case, Scott McAfee, will ultimately decide.She is also seeking to start the trial on March 4 of next year, the day before the Super Tuesday primaries. The Sheriff’s Office has said that some arraignments and appearances in the Trump case “may be virtual as dictated by the presiding judge.”The Rice Street jail is not a place for the faint of heart, said Robert G. Rubin, a veteran defense lawyer who has had many clients booked there. In recent weeks, two inmates have been found dead at the jail. Last year, a detainee was found dead in his cell, his body covered in bites from bed bugs and other insects, according to his lawyer.At least two songs on Spotify are titled “901 Rice Street,” the jail’s address. The popular rapper Latto has a song whose title refers to Rice Street with an expletive. And a line from a Killer Mike rap goes, “Locked in like Rice Street without a bond.”Typically, as soon as a defendant surrenders to the police, they go to a holding area with other detainees, Mr. Rubin said. “It’s miserable. It’s cold. It smells. It’s just generally unpleasant,” he said, relying on his clients’ past descriptions. “Plus, there’s a high degree of anxiety for any defendant that’s in that position.”At some point after that comes the booking process, which includes checking to see if the detainee has outstanding warrants. Mr. Rubin says that the computer systems used for such checks sometimes fail, causing delays.Gerald A. Griggs, another Atlanta-area trial lawyer, said the booking process could take “four hours or four days,” although a matter of hours at Rice Street is the most likely scenario for the defendants in the Trump case. That is because their lawyers will have probably negotiated their bond with prosecutors before turning themselves in, obviating the need for a bond hearing before a judge.History suggests that the Trump defendants could receive some special treatment. Both Mr. Griggs and Mr. Rubin represented clients in the Atlanta Public Schools cheating case, which targeted a number of teachers and educators who were accused of changing students’ standardized test scores. Both lawyers said their educator clients were allowed to stay in detention areas segregated from the general jail population.Mr. Griggs said he could foresee that happening with the Trump case defendants, on the grounds that the high-profile nature of their case may heighten the chance that they could be targets of violence.The Rice Street jail is about four miles northwest of the downtown Atlanta courthouse where the indictment against Mr. Trump and his allies was handed up by a grand jury late Monday night. The high-rise building is set amid stands of trees and cannot be seen from the entrance to the front parking lot.The immediate surroundings are weedy and industrial, with a few bail bond companies and bus stops within walking distance. Some of the nearby residential streets are dotted with forlorn and boarded-up homes.The sheriff department’s decision to close off the parking lot in front of the main jail entrance came as a shock to veteran local reporters. For years, news crews and reporters have set up there to record the comings and goings of high-profile defendants.On Wednesday morning, a photographer for The New York Times was waiting at a second jail entrance identified as an “intake center.” She was told by a sheriff’s deputy to leave her position on a public street, and when she protested she was soon surrounded by three other law enforcement officers on motorcycles.Mr. Rubin says that he advises his clients to prepare for the experience by showing up at Rice Street in comfortable clothes with minimal personal belongings, which will likely be confiscated for the duration of their stay. More

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      In Georgia, a Test of Rudy Giuliani’s Loyalty to Trump

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      Michelle Cottle and Donald Trump has been indicted, again. But this time, he’s got company. The Opinion writers Michelle Cottle and David French discuss why that makes this indictment different — and potentially more effective — than the others.(A full transcript of this audio essay will be available midday on the Times website.)Illustration by Akshita Chandra; photograph by Doug Mills/The New York TimesThe Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.This Times Opinion Short was produced by Phoebe Lett. It was edited by Stephanie Joyce and Annie-Rose Strasser. Mixing by Carole Sabouraud. Original music by Isaac Jones. Fact-checking by Mary Marge Locker and Kate Sinclair. Audience strategy by Shannon Busta, Kristina Samulewski and Derek Arthur. More

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      With the Latest Trump Indictment, Mind These Lessons From the South

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      With her sweeping indictment of former President Donald Trump and over a dozen co-conspirators, the Fulton County, Ga., district attorney Fani Willis is now set to prosecute her case in a court of law. Just as important, it is essential that she and others continue to explain to the American public why the decision serves a critical purpose beyond the courts and for the health of our constitutional order.The indictment should be situated in the broader arc of American political development, particularly in the South. That history justifies using the criminal justice system to protect the democratic process in Georgia — a critical swing state — for elections now and in the future.We have the benefit of hindsight to heed the great lesson of the Reconstruction era and the period of redemption that followed: When authoritarians attack democracy and lawbreakers are allowed to walk away from those attacks with impunity, they will try again, believing there are no repercussions.We should not make those mistakes again.The period after the American Civil War entrenched many of America’s political ills. Ex-confederates were welcomed back into the body politic without meaningful penance. There were vanishingly few arrests, trials and lengthy punishments. Suffering minimal political disabilities, they could muster enough power to “redeem” Southern governments from biracial coalitions that had considerable sway to remake the South.Examples of democratic decay were regrettably abundant. An early sign occurred in Louisiana. With a multiracial electorate, Reconstruction Louisiana held great promise. During contentious state elections in 1872, Louisiana Democrats intimidated Black voters from casting ballots and corruptly claimed victory. The disputed election spurred political violence to assert white supremacy, including the Colfax Massacre in 1873, where as many as 150 Black citizens were killed in Grant Parish when a white mob sought to take control of the local government.Federal prosecutors brought charges against a number of the perpetrators. But in 1876, the Supreme Court held in United States v. Cruikshank that the federal government could not prosecute private violence under the 14th Amendment because it could only protect citizens against constitutional rights violations by state actors. By its decision, the court gave license to mobs to disrupt the peaceful transition of power with grave consequences.South Carolina could have been a Reconstruction success story. Its state constitution and government reflected the values and priorities of its Black majority. The planter elite attacked the Reconstruction government as a socialist rabble and baselessly mocked elected officials as incompetent. In the lead-up to elections in 1876, political violence brewed across the state, and Democrats secured a narrow victory. But democratic decay was precipitous. Over time, South Carolina imposed new limits on voting, moving precincts into white neighborhoods and creating a confusing system. Legislators passed the Eight Box Law, which required voters to submit a separate ballot for each elected office in a different box and invalidated any votes submitted in the wrong box. This created a barrier to voting for people who could not read.The lack of repercussions for political violence and voter suppression did little to curb the impulse to crush biracial democracy by mob rule. The backsliding spread like cancer to Mississippi, Virginia and North Carolina.In Georgia, just before the state was initially readmitted to the Union, Georgians elected a Republican to the governorship and a Republican majority to the state senate. Yet the promise of a strong Republican showing was a mirage. Conservative Republicans and Democrats joined forces to expel more than two dozen Black legislators from the Georgia General Assembly in September 1868. From there, tensions only grew. Political violence erupted throughout the state as elections drew closer that fall, most tragically in Camilla, where white supremacists killed about a dozen Black Georgians at a Republican political rally.The democratic failures of that era shared three common attributes. The political process was neither free nor fair, as citizens were prevented from voting and lawful votes were discounted. The Southern Redeemers refused to recognize their opponents as legitimate electoral players. And conservatives abandoned the rule of law, engaging in intimidation and political violence to extinguish the power of multiracial political coalitions.At bottom, the theory behind the Fulton County indictment accuses Mr. Trump and his allies of some of these same offenses.The phone call between Mr. Trump and the Georgia secretary of state Brad Raffensperger (“Fellas, I need 11,000 votes,” Mr. Trump demanded) is crucial evidence backing for a charge relating to soliciting a public officer to violate his oath of office. Mr. Trump’s coercive tactics persisted even though he should have known that Joe Biden fairly won the state’s Electoral College votes. But facts never seemed to matter. Mr. Trump’s false allegation of a rigged contest — a claim he and others made well before voting began — was grounded in a belief that opposition to his re-election was never legitimate.Mr. Trump and his allies could not accept that an emerging multiracial coalition of voters across the state rejected him. Election deniers focused on Atlanta, a city whose Black residents total about half the population, as the place where Georgia’s election was purportedly stolen. The dangerous mix of racial grievance and authoritarian impulses left Trump loyalists feeling justified to concoct the fake electors scheme and imploring the General Assembly to go into a special session to arbitrarily undo the will of Georgians.Political violence and intimidation are some of the most obvious symptoms of democratic decay. The charges in Fulton County are an attempt to use the criminal justice system to repudiate political violence.The sprawling case is stronger because the conspiracy to overturn Georgia’s presidential election results was replete with acts of intimidation by numerous people. Mr. Trump and Rudy Giuliani engaged in a full-scale harassment campaign against Fulton County election workers when they baselessly alleged that two individuals added fake votes to Mr. Biden’s tally. Mr. Trump threatened Mr. Raffensperger and a state employee with “a criminal offense” if they declined to join his corruption, warning them they were taking “a big risk.” A healthy democracy cannot tolerate this behavior.Democracy is not guaranteed, and democratic backsliding is never inevitable. The country avoided the worst, but the past few years have still been profoundly destabilizing for the constitutional order in ways akin to some of the nation’s darker moments.Indeed, the case by Ms. Willis can be seen as an effort to avoid darker moments in the future, especially for a critical swing state like Georgia. We should remember the words in 1871 of Georgia’s first Black congressman, Jefferson Franklin Long, who spoke out when Congress debated relaxing the requirements for restoring certain rights to ex-Confederates without meaningful contrition: “If this House removes the disabilities of disloyal men … I venture to prophesy you will again have trouble from the very same men who gave you trouble before.”His prediction proved all too accurate. It now may be up to the people of Fulton County to stop election denialism’s widening gyre.Anthony Michael Kreis is an assistant professor of law at Georgia State University, where he teaches and studies constitutional law and the history of American politics.Source photographs by Bettmann, Buyenlarge, and Corbis Historical, via Getty.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Why the Fani Willis Prosecution of Donald Trump Is Indispensable

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      When the Fulton County, Ga., district attorney, Fani Willis, filed criminal charges against Donald Trump and over a dozen of his allies for their attempt to overturn Georgia’s 2020 presidential election results, she did something ingenious.In contrast to the special counsel Jack Smith’s latest laser-focused federal indictment of Mr. Trump, Ms. Willis charges a wide range of conspirators, from people in the Oval Office to low-level Georgia G.O.P. functionaries, and is the first to plumb the full depths, through a state-focused bathyscaph, of the conspiracy.Her case also provides other important complements to the federal matter: Unlike Mr. Smith’s case, which will almost certainly not be broadcast because of federal standards, hers will almost certainly be televised, and should Mr. Trump or another Republican win the White House, Ms. Willis’s case cannot be immediately pardoned away. It offers transparency and accountability insurance. As she said in her news conference on Monday night, “The state’s role in this process is essential to the functioning of our democracy.”But the indictment stands out, above all, because Georgia offers uniquely compelling evidence of election interference — and a set of state criminal statutes tailor-made for the sprawling, loosely organized wrongdoing that Mr. Trump and his co-conspirators are accused of engaging in. It is a reminder of the genius of American federalism: When our democracy is threatened, states have an indispensable part to play in protecting it.At 98 pages, Ms. Willis’s indictment is more than twice the size of Mr. Smith’s indictment in his Jan. 6 case and contains 19 defendants to his one. The indictment charges 41 counts (to Mr. Smith’s four) — among them, Georgia election crimes like solicitation of violation of oath by public officer (for Mr. Trump’s infamous demand to Georgia’s secretary of state, Brad Raffensperger, to just “find 11,780 votes”) and state offenses like forgery and conspiracy to commit forgery (for creating fake electoral certificates) and conspiracy to commit computer trespass (for unlawfully accessing election machines in Coffee County to attempt to prove that votes were stolen).The large cast of defendants populates a complete conspiracy chain of command and features the famous (Mr. Trump, his chief of staff Mark Meadows and his lawyer Rudy Giuliani), the infamous (the Trump attorneys John Eastman, Ken Chesebro and Jeffrey Clark) and the otherwise unknown (including Georgia state false electors and local Trump campaign allies without whom the plot would have stalled).Ms. Willis ties them all together by levying one charge against Mr. Trump and each of the 18 other defendants under Georgia’s Racketeer Influenced and Corrupt Organization Act, or RICO, accusing Mr. Trump and his co-conspirators of functioning as a criminal gang.American law has long recognized through the crime of conspiracy that combinations of criminals are more dangerous than lone wolves. RICO is conspiracy on steroids, providing for stiffer penalties and other advantages like bringing multiple loosely connected conspiracies under one umbrella.Georgia has one of the most capacious RICO statutes in the country. The state’s legislature enacted it specifically to “apply to an interrelated pattern of criminal activity” and mandated courts to “liberally construe” it to protect the state and its citizens from harm. Under the law, prosecutors can charge a sprawling criminal enterprise and even include individuals who may not have known “of the others’ existence,” as one court put it.Here, the statute may be triggered by violations of an array of federal crimes as well as over 40 charges specific to Georgia, including forgery, false statements and influencing witnesses.Georgia RICO has become Ms. Willis’s signature. She applied it in cases like the Atlanta teacher cheating scandal, in which educators engaged in a wide-ranging scheme to inflate scores on standardized tests, and the prosecution of the rapper Young Thug, in which he co-founded a street gang that was accused of committing almost 200 criminal acts.In using RICO, Ms. Willis accuses Mr. Trump of functioning like a gang leader overseeing a theft ring, except instead of stealing cash or cars, he and his allies are accused of attempting to purloin the Georgia presidential election results.The overall charge includes four core schemes. The first was to pressure government officials to advance the objective of securing Georgia’s electoral votes for Mr. Trump, even though he lost. For the evidence here, in addition to Mr. Trump’s call to Mr. Raffensperger, Ms. Willis details other efforts by Mr. Trump and his co-defendants — including Mr. Giuliani’s pressuring of state legislators, Mr. Meadows’s pressure on election authorities and the co-conspirators’ lies and intimidation targeting the ballot counters Ruby Freeman and Wandrea Moss, who goes by Shaye. This also includes efforts in Washington that affected Georgia, such as the Department of Justice lawyer Jeffrey Clark’s preparation of an allegedly fraudulent draft letter targeting the state.Two-person audit boards working to recount ballots at the Gwinnett County Board of Registrations and Elections in Lawrenceville, Ga.Damon Winter/The New York TimesThe second scheme was the organization of electors falsely proclaiming that Mr. Trump was the winner in Georgia. Ms. Willis alleges that Mr. Trump personally participated in this effort; for example, he called the Republican National Committee with Mr. Eastman from the White House to organize the fake slates of electors, including in Georgia. And she charges a great deal of other activity in and outside Georgia.The third scheme was the unlawful accessing of voting machines in Coffee County, a rural county southeast of Atlanta. The indictment asserts that, after a White House conversation about getting access to election machines to prove supposed vote theft, Sidney Powell, a lawyer tied to Mr. Trump, along with Trump campaign allies and computer consultants, conspired to gain access to voting equipment in Coffee County.Ms. Willis’s inclusion of that plan spotlights what has been one of the more neglected aspects of the nationwide effort. Mr. Smith does not even mention it in his federal indictment. Yet the Willis indictment alleges that this was part of a plan discussed (in general terms) in the Oval Office.The fourth and final scheme is what has become a trademark allegation against Mr. Trump and his circle: obstruction and cover-up. Ms. Willis alleges that members of the conspiracy filed false documents, made false statements to government investigators and committed perjury during the Fulton County judicial proceedings.In addition to the RICO charges, each of the 19 defendants is charged with at least one other offense. Perhaps most telling among these is the charge against Mr. Trump and six others of felony solicitation of violation of oath by a public officer. This fits Mr. Trump’s demand for those 11,780 votes like a glove.Mr. Trump has already begun to defend himself, trying to get Ms. Willis and her special grand jury disqualified, based on an array of supposed conflicts and other grievances. The Georgia courts have already repeatedly rejected those arguments. He will also probably employ defenses similar to ones he and his legal team have laid out in pending criminal matters elsewhere, seeking removal to federal court and advancing First Amendment and intent defenses that have been picked apart by many legal experts.He and his co-conspirators may attempt to challenge the RICO charges on technical grounds, for example, arguing that the conspiracies are not sufficiently related under the statute. But Ms. Willis powerfully alleges otherwise, in particular emphasizing the unifying objective of Mr. Trump’s wrongfully seizing Georgia’s electoral votes.That all of this is likely to play out on television only deepens the historic nature of the indictment. Georgia law makes generous allowance for court proceedings to be broadcast, with the state rightly considering open courtrooms to be “an indispensable element of an effective and respected judicial system.” Assuming that rules against televising federal trials stand, the Georgia trial would be the only one that the public could watch as it unfolds. We know from the Jan. 6 hearings — as well as, in an earlier era, the Watergate hearings — the power of seeing and hearing these events. And they will remain for viewing in posterity as a lesson in the rule of law.There is one final important advantage of the Georgia case. It is shielded from what may be Mr. Trump’s ultimate hope: the issuance of a pardon should he or another Republican be elected president in 2024 (or a command by a Republican that the Justice Department simply drop the case). A president’s power to pardon federal offenses does not extend to state crimes.And pardons in Georgia are not an unreviewable power vested solely in the chief executive. They are awarded by the State Board of Pardons and Paroles — and are not even available until five years after completion of all sentences.The indictment from Ms. Willis strongly complements the federal case. It adds dimensionality, transparency and additional assurance of accountability for the former president and those who betrayed democracy in Georgia.Norman Eisen was special counsel to the House Judiciary Committee during the first impeachment of Donald Trump. Amy Lee Copeland, a former federal prosecutor, is a criminal defense and appellate attorney in Savannah, Ga.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      As Indictment Decision Looms, Here’s What to Know About the Trump Investigation in Georgia

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      A grand jury could decide within days whether former President Trump should be indicted for interfering in the state’s 2020 presidential election.Starting on Monday morning, prosecutors in Fulton County, Ga., are expected to present a grand jury with the findings from their two-and-a-half-year investigation into former President Donald J. Trump and a number of his allies for their multipronged effort to overturn Mr. Trump’s narrow election loss in Georgia in November 2020.The grand jury will likely decide within days whether Mr. Trump should be indicted for interfering in the presidential election in Georgia. The former president has already been indicted in three separate cases this year, a staggering legal burden for a politician who is running for another term.Mr. Trump is far ahead of competitors in the race for the 2024 Republican nomination, and neck-and-neck with President Joseph R. Biden Jr. in a potential rematch, according to a New York Times/Siena College poll conducted in late July.Here is what we know about the investigation in Fulton County, which includes most of Atlanta.Why is Mr. Trump under investigation in Georgia?Fani T. Willis, the Fulton County district attorney, began looking into whether Mr. Trump and his associates violated Georgia law shortly after a recording was released of Mr. Trump talking by phone to Brad Raffensperger, Georgia’s secretary of state, on Jan. 2, 2021. During the call, Mr. Trump insisted that he had won the state of Georgia and made baseless allegations of fraud, even though multiple recounts confirmed that he had lost.Mr. Trump told Mr. Raffensperger that he wanted to “find” 11,780 votes in the state — one more than he needed to win Georgia and its Electoral College votes.Over time, court documents and other public records revealed that Ms. Willis, a Democrat, was also investigating false statements that lawyers for Mr. Trump made in state legislative hearings; a meeting of 16 pro-Trump Republicans who cast bogus Electoral College votes for him; an intimidation campaign against a pair of Fulton County election workers falsely accused of fraud, and a successful effort by Trump allies to copy sensitive software at an elections office in rural Coffee County, Ga.An audio recording of Mr. Trump talking to Brad Raffensperger, secretary of state of Georgia, was played during a hearing by the Jan. 6 Committee.Alex Wong/Getty ImagesWhat laws may have been broken?In February 2021, Ms. Willis, in a letter to state officials, said the potential laws violated include “the solicitation of election fraud, the making of false statements to state and local governmental bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration.”That list may not prove definitive for a number of reasons, including that investigators probably had not settled on the final scope of their inquiry at the time. Outside legal experts have said that the Coffee County data breach could result in charges like computer trespassing and computer invasion of privacy.Ms. Willis signaled repeatedly that she was considering pursuing charges under the state’s racketeering law, which is often used to target members of an “enterprise” that has engaged in a pattern of criminal activity.The federal racketeering law is best known for being used against members of the mafia. But federal and state racketeering laws have been used in a wide array of cases. Prosecutors often use the laws to ensure that leaders of a criminal enterprise, and not just the foot soldiers, are held accountable.Who else is being scrutinized?The Georgia investigation may prove to be the most expansive legal challenge yet to the efforts that Mr. Trump and his advisers and other associates undertook to keep him in power after he lost the 2020 election. Nearly 20 people are known to have been told that they could face charges. They include Rudolph W. Giuliani, the former New York City mayor who, as a Trump lawyer, made numerous false claims about voter fraud at Georgia legislative hearings.They also include David Shafer, the former chair of the state Republican Party. He oversaw the meeting of the bogus electors in December 2020; more than half of the electors have been cooperating with Ms. Willis’s office.A number of lawyers who worked to keep Mr. Trump in power have been under scrutiny in the investigation, including John Eastman, Sidney Powell, Jenna Ellis and Kenneth Chesebro. Last year, Mark Meadows, the former White House chief of staff, was ordered to testify before a special grand jury that aided in the investigation.The Justice Department blocked an effort to seek the testimony of Jeffrey Clark, a former high-ranking lawyer in the department who sought to intervene in Georgia on Mr. Trump’s behalf after the 2020 election.A number of people whose names have been mentioned in connection with the investigation have said that they did nothing illegal, including Mr. Trump, who has described his call to Mr. Raffensperger as “absolutely perfect.”A Trump supporter protested election results at the Georgia State Capitol in downtown Atlanta in the days after the 2020 election.Audra Melton for The New York TimesHow does the Georgia inquiry relate to other investigations of Mr. Trump?Ms. Willis has said that she has not coordinated with Jack Smith, the special counsel in two federal investigations of Mr. Trump that have resulted in indictments. But Ms. Willis’s team has made use of the voluminous documents and testimony about election interference efforts produced by Congress’s Jan. 6 Committee.One of the federal cases is related to the former president’s handling of classified documents; the other to his efforts to reverse his defeat in the 2020 election. Another indictment, in New York State, is related to what prosecutors described as a hush-money scheme to cover up a potential sex scandal and clear his path to the presidency in 2016. Mr. Trump has pleaded not guilty in all three cases.What would come next?If the Fulton County grand jury decides to indict, any defendants will have to make their way to Atlanta to be booked and arraigned. A number of them could face multiple charges, and the potential sentences could be steep: Violating the racketeering law alone can potentially result in a five-to-20-year sentence.There is also the question of when a trial might occur, given Mr. Trump’s legal troubles in several other venues. If the Georgia case results in multiple defendants, pretrial matters like jury selection could take months. More