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    Trump Will Not Seek to Move Georgia Election Case to Federal Court

    His decision comes after Mark Meadows, his former chief of staff, tried unsuccessfully to move his own case from state to federal court.Former President Donald J. Trump will not seek to move the criminal racketeering case against him in Atlanta to federal court, according to a legal filing from his lawyer on Thursday.Mr. Trump was indicted by a grand jury in August, along with 18 of his advisers and allies, after a two-and-a-half year investigation into election interference by the Fulton County district attorney, Fani T. Willis. Keeping the case in state court means that any trial for Mr. Trump would be televised, unlike in federal court.“This decision is based on his well-founded confidence that this honorable court intends to fully and completely protect his constitutional right to a fair trial,” Mr. Trump’s lawyer, Steven H. Sadow, wrote in the filing, referring to Fulton County Superior Court, “and guarantee him due process of law throughout the prosecution of his case.”The move comes a few weeks after a federal judge rejected an effort by Mark Meadows, Mr. Trump’s former White House chief of staff, to move his own case to federal court. That decision has been appealed, but it dimmed the chances for successful removal efforts by other defendants, including Jeffrey Clark, a former Justice Department official, and three Georgia Republicans who submitted bogus Electoral College votes for the former president in December 2020.Removal is a longstanding practice meant to protect federal officials from state-level prosecution that could impede them from conducting federal business. It is rooted in the Supremacy Clause of the U.S. Constitution, which makes federal law “supreme” over contrary state laws.But Judge Steve C. Jones of the Northern District of Georgia decided this month that the actions ascribed to Mr. Meadows in the indictment were not within the scope of his federal duties as White House chief of staff. The evidence, he ruled, “establishes that the actions at the heart of the state’s charges against Meadows were taken on behalf of the Trump campaign with an ultimate goal of affecting state election activities and procedures.”Removal to federal court would have provided some advantages for Mr. Trump, including a jury pool somewhat more favorable to him. But he would have faced the same state felony charges.In the Georgia case, all 19 defendants are facing a racketeering charge for their role in what prosecutors have described as a “criminal organization” that sought to overturn Mr. Trump’s 2020 election loss in the state. Each defendant also faces at least one other charge; Mr. Trump and his former personal lawyer, Rudolph W. Giuliani, face the most — 13 each.If Mr. Trump ends up going to trial in Fulton County Superior Court, as now seems increasingly likely, the presiding judge will be Scott McAfee, who was recently appointed to the bench.While attending law school at the University of Georgia, Mr. McAfee was a vice president of the school’s chapter of the conservative Federalist Society. He later worked for the Fulton County District Attorney’s Office, where his supervisor was Ms. Willis.Thus far, Judge McAfee has been moving the court proceedings along briskly, but he has not had the opportunity to make many substantive rulings.When Mr. Trump will actually face trial remains uncertain. Two of the lawyers who worked to keep him in power, Sidney Powell and Kenneth Chesebro, are set to go to trial on Oct. 23. The two defendants had requested an early trial date, which is their right under Georgia law, though both have been filing a flurry of motions over the last few weeks to dismiss the case, or parts of it.Another lawyer who faces charges, John Eastman, said in a filing on Thursday that he might still invoke his right to a speedy trial. Those not seeking the option may not face trial until the second half of next year, or even later. More

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

    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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    Former Justice Department Official Is Booked in Trump Georgia Case

    As of late Friday morning, only one of the 19 defendants in the state election interference case involving former President Donald J. Trump had yet to turn himself in.Jeffrey A. Clark, the former high-ranking Justice Department official criminally charged in Georgia in connection with efforts to overturn Donald J. Trump’s 2020 election loss in that state, was booked at the Fulton County Jail early on Friday, a few hours after the former president’s dramatic booking at the same Atlanta facility.After Mr. Clark’s surrender and that of another defendant, Trevian C. Kutti, only one of the 19 defendants in the state election interference case — Stephen C. Lee, an Illinois pastor — had yet to turn himself in as of late Friday morning. The office of Fulton County District Attorney Fani T. Willis gave the defendants a deadline of noon Friday to turn themselves in. After that point, arrest warrants for outstanding defendants would be put into effect.Mr. Clark, a former assistant attorney general for the Justice Department’s civil division, was released on a $100,000 bond. In addition to the state racketeering charge, he faces a felony charge of criminal attempt to commit false statements and writings, based on a letter he wanted to send in December 2020 to state officials in Georgia that falsely claimed that the Justice Department had “identified significant concerns” that would affect the state’s election results.Several of the defendants, including Mr. Clark, are seeking to have their cases shifted to federal court, a relatively uncommon step that is known as removal. Earlier this week, U.S. District Court Judge Steve Jones rejected efforts by Mr. Clark and another defendant, Mark Meadows, Mr. Trump’s former White House chief of staff, to prevent them from being booked at the county jail while they were seeking removal of their cases to federal court.Ms. Kutti, a music publicist who prosecutors say harassed an election worker on Mr. Trump’s behalf, surrendered to the jail on Friday morning and was booked into the jail’s system, online records showed. She was released on $75,000 bond. Ms. Kutti has represented musicians like R. Kelly and the rapper Ye, formerly known as Kanye, in the past. More

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    Georgia Case Against Young Thug Hints at How Trump Case Could Unfold

    The racketeering case against Young Thug has been marked by a plodding pace, an avalanche of pretrial defense motions and pressure on lower-level defendants to plead guilty.On its face, the criminal case accusing former President Donald J. Trump and 18 of his allies of conspiring to overturn his 2020 election loss in Georgia has little in common with the other high-profile racketeering case now underway in the same Atlanta courthouse: that of the superstar rapper Young Thug and his associates.But the 15-month-old gang case against Young Thug — which, like the Trump case, is being prosecuted by Fani T. Willis, the Fulton County district attorney — offers glimpses of how State of Georgia v. Donald John Trump et al. may unfold: with a plodding pace, an avalanche of pretrial defense motions, extraordinary security measures, pressure on lower-level defendants to plead guilty, and a fracturing into separate trials, to name a few.Young Thug, whose real name is Jeffery Williams, was indicted in May 2022 along with 27 others under Georgia’s Racketeer Influenced and Corrupt Organizations statute, known as RICO. Like Mr. Trump’s RICO indictment, the charging papers described a corrupt “enterprise” whose members shared common illegal goals.Prosecutors claim that Mr. Williams is a founder of Young Slime Life, or YSL, a criminal street gang whose members were responsible for murders and other violence, drug dealing and property crimes, with the purpose of illegally obtaining “money and property.” (The defendants say YSL is simply a record label.)But the case against Mr. Williams has been whittled to eight defendants, from an initial 28. Some defendants have had their cases severed because they struggled to find lawyers or were fugitives from justice, among other reasons. As is common in big racketeering cases, others have accepted plea deals, making admissions along the way that could help prosecutors in their effort to convict the remaining defendants.After raucous courtroom outbursts from fans and a number of bizarre incidents — including alleged efforts to smuggle drugs into court — security has been ratcheted up, with members of the public and the news media barred from the courtroom.And remarkably, the case has been stuck in the jury selection phase since January, with many potential jurors claiming they would suffer hardships if forced to participate in a trial that was originally estimated to last six to 12 months. On Thursday morning, a young woman — one of more than 2,000 potential jurors to come through the courthouse doors — was grilled about her life, her future plans to pursue medical training and whether serving would present a hardship.Young Thug, whose real name is Jeffery Williams, was indicted in May 2022 along with 27 others under the state’s RICO law.Steve Schaefer/Atlanta Journal-Constitution via A.P.She said it would not. When asked if she knew of Young Thug, she said she did, and that she liked his music — which, she added, would make hearing the case “surreal,” although she also said she could be fair-minded.The YSL indictment is significantly more complex than the Trump case, describing nearly 200 criminal acts as part of a bloody gang war that played out for at least eight years in a city considered to be a hotbed of music industry innovation. The authorities have said that a crosstown rivalry between YSL and a gang called YFN was exacerbated in 2015 with the murder of Donovan Thomas, a behind-the-scenes connector instrumental in several rap careers.In the aftermath of the killing, the authorities say, many in the city picked sides as retaliatory shootings spilled across Atlanta.It is a world far removed from White House meetings and voting software. But experts say the Trump case, with its own famous lead defendant and sprawling nature, could encounter some similar complications.In Mr. Trump’s indictment, prosecutors also outlined a “criminal organization,” made up of power players like Mark Meadows, the former White House chief of staff, and Rudolph W. Giuliani, Mr. Trump’s former personal lawyer, and obscure Trump supporters like Scott Hall, an Atlanta bail bondsman who was charged with helping to carry out a data breach at a rural Georgia elections office.The Trump team’s shared goal, according to the indictment, was “to unlawfully change the outcome” of Georgia’s 2020 presidential election in Mr. Trump’s favor.Ms. Willis, a veteran prosecutor, has said she appreciates the way that RICO indictments allow for the telling of big, broad, easily digestible stories. Both the YSL and Trump indictments paint pictures of multifaceted “organizations,” showing how the defendants are connected and what they are accused of, which are described across dozens of pages as “acts in furtherance of the conspiracy.”These acts include both discernible criminal activity — like murder and aggravated assault in the YSL case and “false statements and writings” and “conspiracy to defraud the state” in the Trump case. But they also include noncriminal “overt acts” meant to further the goal of the conspiracy.Ms. Willis’s office has proposed that the Trump trial begin in March.Amir Hamja/The New York TimesIn the YSL indictment, the “overt acts” include Mr. Williams’s performing rap songs with violent lyrics — a legal strategy that has set off a heated debate about free speech and whether hip-hop, a quintessentially Black art form, is the target of racist scapegoating. Last year, Mr. Williams’s defense team filed a motion seeking to exclude the lyrics from the case, but the judge has yet to rule on it.Chris Timmons, a trial lawyer and former Georgia prosecutor, said he expected a similar free speech fight to erupt, at least in court, over Mr. Trump’s Twitter posts. Mentions of tweets he posted in the months after the 2020 election pepper the 98-page indictment as it describes efforts in Washington to set up bogus pro-Trump electors in Georgia and other states, to cajole legislators in those states to accept them, and to pressure Mike Pence, then the vice president, to throw a wrench in the final Electoral College vote.Some of the tweets in the indictment might seem rather bland in a different context. “Georgia hearings now on @OANN. Amazing!” Mr. Trump tweeted on Dec. 3, 2020 — a month after Election Day — referring to a far-right TV network’s airing of a state legislative hearing in which his supporters made a number of untrue allegations about election fraud.In other instances, Mr. Trump tweeted outright lies about election fraud. “People in Georgia got caught cold bringing in massive numbers of ballots and putting them in ‘voting’ machines,” he posted in December 2020.Mr. Timmons said he expected Mr. Trump’s lawyers to try to throw out his Twitter posts, as well as a recording of a call that the former president made to Brad Raffensperger, Georgia’s secretary of state, on free speech grounds.“They’re going to try to suppress the recording of the phone call, and probably try to suppress any tweets that were sent, and any text messages, anything along those lines, as violative of the First Amendment of the United States Constitution,” he said.In another parallel with the YSL case, the Trump case is almost certain to see multiple pretrial motions from a bumper crop of defense lawyers. One defendant, Mr. Meadows, has already filed a motion to move the case to federal court.Both Mr. Trump and Jeffrey Clark, a former Justice Department official who is among the defendants, may also file for removal, which would broaden the jury pool beyond liberal Fulton County into more Trump-friendly areas.Harvey Silverglate, a lawyer representing John Eastman, a defendant in the Trump case charged with helping to plan the bogus elector scheme, said this week that he expected a number of defendants to try to sever their cases.“Bringing in that many defendants and that many counts is an unmanageable criminal case,” he said, referring to the fact that each defendant is charged with racketeering and at least one of 40 other criminal charges.Mr. Silverglate, who said his client was innocent, added, “This is a case that wouldn’t reach trial in two years.”Ms. Willis’s office has proposed that the Trump trial begin in March, but the chances of that happening seem vanishingly slim. Mr. Meadows’s removal effort alone is likely to trigger a federal appeal, a process that could take months to resolve.While dragging out a case can hurt the prosecution, as witnesses forget or even die, the mere prospect of a multiyear legal ordeal can help convince some defendants to take a plea, as probably happened in the YSL case.Mr. Timmons, who tried numerous RICO cases, said that prosecutors often hoped to secure pleas from the lower-level players and work up toward the defendant at the top of the list, who is often the most prominent or powerful among them.“Your goal is to roll that up like a carpet, working at the bottom and working your way to the top,” he said.The Trump case may prove different from the YSL case in that rappers’ careers might survive a guilty plea (unless they are deemed snitches), while lawyers convicted of felonies lose their licenses — and there are numerous lawyers on the Trump indictment. Those lawyers may choose to hang on and fight an epic legal battle with Ms. Willis, a formidable prosecutor who has been trying RICO cases for years.Mr. Trump is running for re-election while facing indictments in Florida, New York and Washington, D.C., as well as in Georgia. If he is concerned about how his legal troubles could affect his popularity, he might find hope in the fact that Mr. Williams released his latest album while in custody, and saw it debut at the top of a Billboard chart this summer. More

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    Why the Fani Willis Prosecution of Donald Trump Is Indispensable

    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

    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

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    How Trump Tried to Overturn the 2020 Election Results in Georgia

    The Georgia case offers a vivid reminder of the extraordinary lengths Mr. Trump and his allies went to in the Southern state to reverse the election.When President Donald J. Trump’s eldest son took the stage outside the Georgia Republican Party headquarters two days after the 2020 election, he likened what lay ahead to mortal combat.“Americans need to know this is not a banana republic!” Donald Trump Jr. shouted, claiming that Georgia and other swing states had been overrun by wild electoral shenanigans. He described tens of thousands of ballots that had “magically” shown up around the country, all marked for Joseph R. Biden Jr., and others dumped by Democratic officials into “one big box” so their authenticity could not be verified.Mr. Trump told his father’s supporters at the news conference — who broke into chants of “Stop the steal!” and “Fraud! Fraud!” — that “the number one thing that Donald Trump can do in this election is fight each and every one of these battles, to the death!”Over the two months that followed, a vast effort unfolded on behalf of the lame-duck president to overturn the election results in swing states across the country. But perhaps nowhere were there as many attempts to intervene as in Georgia, where Fani T. Willis, the district attorney of Fulton County, is now poised to bring an indictment for a series of brazen moves made on behalf of Mr. Trump in the state after his loss and for lies that the president and his allies circulated about the election there.Mr. Trump has already been indicted three times this year, most recently in a federal case brought by the special prosecutor Jack Smith that is also related to election interference. But the Georgia case may prove the most expansive legal challenge to Mr. Trump’s attempts to cling to power, with nearly 20 people informed that they could face charges.It could also prove the most enduring: While Mr. Trump could try to pardon himself from a federal conviction if he were re-elected, presidents cannot pardon state crimes.Perhaps above all, the Georgia case assembled by Ms. Willis offers a vivid reminder of the extraordinary lengths taken by Mr. Trump and his allies to exert pressure on local officials to overturn the election — an up-close portrait of American democracy tested to its limits.There was the infamous call that the former president made to Brad Raffensperger, Georgia’s Republican secretary of state, during which Mr. Trump said he wanted to “find” nearly 12,000 votes, or enough to overturn his narrow loss there. Mr. Trump and his allies harassed and defamed rank-and-file election workers with false accusations of ballot stuffing, leading to so many vicious threats against one of them that she was forced into hiding.They deployed fake local electors to certify that Mr. Trump had won the election. Within even the Justice Department, an obscure government lawyer secretly plotted with the president to help him overturn the state’s results.And on the same day that Mr. Biden’s victory was certified by Congress, Trump allies infiltrated a rural Georgia county’s election office, copying sensitive software used in voting machines throughout the state in their fruitless hunt for ballot fraud.The Georgia investigation has encompassed an array of high-profile allies, from the lawyers Rudolph W. Giuliani, Kenneth Chesebro and John Eastman, to Mark Meadows, the White House chief of staff at the time of the election. But it has also scrutinized lesser-known players like a Georgia bail bondsman and a publicist who once worked for Kanye West.As soon as Monday, there could be charges from a Fulton County grand jury after Ms. Willis presents her case to them. The number of people indicted could be large: A separate special grand jury that investigated the matter in an advisory capacity last year recommended more than a dozen people for indictment, and the forewoman of the grand jury has strongly hinted that the former president was among them.If an indictment lands and the case goes to trial, a regular jury and the American public will hear a story that centers on nine critical weeks from Election Day through early January in which a host of people all tried to push one lie: that Mr. Trump had secured victory in Georgia. The question before the jurors would be whether some of those accused went so far that they broke the law.A recording of Mr. Trump talking to Brad Raffensperger, secretary of state of Georgia, was played during a hearing by the Jan. 6 Committee last October. Alex Wong/Getty ImagesUnleashing ‘Hate and Fury’It did not take long for the gloves to come off.During the Nov. 5 visit by Donald Trump Jr., the Georgia Republican Party was already fracturing. Some officials believed they should focus on defending the seats of the state’s two Republican senators, Kelly Loeffler and David Perdue, who were weeks away from runoff elections, rather than fighting a losing presidential candidate’s battles.But according to testimony before the Jan. 6 committee by one of the Trump campaign’s local staffers, Mr. Trump’s son was threatening to “tank” those Senate races if there was not total support for his father’s effort. (A spokesman for Donald Trump Jr. disputed that characterization, noting that the former president’s son later appeared in ads for the Senate candidates.) Four days later, the two senators called for Mr. Raffensperger’s resignation. The Raffensperger family was soon barraged with threats, leading his wife, Tricia, to confront Ms. Loeffler in a text message: “Never did I think you were the kind of person to unleash such hate and fury.”Four other battleground states had also flipped to Mr. Biden, but losing Georgia, the only Deep South state among them, seemed particularly untenable for Mr. Trump. His margin of defeat there was one of the smallest in the nation. Republicans controlled the state, and as he would note repeatedly in the aftermath, his campaign rallies in Georgia had drawn big, boisterous crowds.By the end of November, Mr. Trump’s Twitter feed had become a font of misinformation. “Everybody knows it was Rigged” he wrote in a tweet on Nov. 29. And on Dec. 1: “Do something @BrianKempGA,” he wrote, referring to Gov. Brian Kemp of Georgia, a Republican. “You allowed your state to be scammed.”But these efforts were not gaining traction. Mr. Raffensperger and Mr. Kemp were not bending. And on Dec. 1, Mr. Trump’s attorney general, William P. Barr, announced that the Department of Justice had found no evidence of voting fraud “on a scale that could have effected a different outcome in the election.”A Show for LawmakersIt was time to turn up the volume.Mr. Giuliani was on the road, traveling to Phoenix and Lansing, Mich., to meet with lawmakers to convince them of fraud in their states, both lost by Mr. Trump. Now, he was in Atlanta.Even though Mr. Trump’s loss in Georgia had been upheld by a state audit, Mr. Giuliani made fantastical claims at a hearing in front of the State Senate, the first of three legislative hearings in December 2020.Rudolph Giuliani at a legislative hearing at the Georgia State Capitol in Atlanta in December 2020.Rebecca Wright/Atlanta Journal-Constitution, via Associated PressHe repeatedly asserted that machines made by Dominion Voting Systems had flipped votes from Mr. Trump to Mr. Biden and changed the election outcome — false claims that became part of Dominion defamation suits against Fox News, Mr. Giuliani and a number of others.Mr. Giuliani, then Mr. Trump’s personal lawyer, also played a video that he said showed election workers pulling suitcases of suspicious ballots from under a table to be secretly counted after Republican poll watchers had left for the night.He accused two workers, a Black mother and daughter named Ruby Freeman and Wandrea Moss, of passing a suspicious USB drive between them “like vials of heroin or cocaine.” Investigators later determined that they were passing a mint; Mr. Giuliani recently admitted in a civil suit that he had made false statements about the two women.Other Trump allies also made false claims at the hearing with no evidence to back them up, including that thousands of convicted felons, dead people and others unqualified to vote in Georgia had done so.John Eastman, a lawyer advising the Trump campaign, claimed that “the number of underage individuals who were allowed to register” in the state “amounts allegedly up to approximately 66,000 people.”That was not remotely true. During an interview last year, Mr. Eastman said that he had relied on a consultant who had made an error, and there were in fact about 2,000 voters who “were only 16 when they registered.”But a review of the data he was using found that Mr. Eastman was referring to the total number of Georgians since the 1920s who were recorded as having registered before they were allowed. Even that number was heavily inflated due to data-entry errors common in large government databases.The truth: Only about a dozen Georgia residents were recorded as being 16 when they registered to vote in 2020, and those appeared to be another data-entry glitch.Trump supporters protesting election results at State Farm Arena in Atlanta in the days following the 2020 election.Audra Melton for The New York TimesThe President CallingIn the meantime, Mr. Trump was working the phones, trying to directly persuade Georgia Republican leaders to reject Mr. Biden’s win.He called Governor Kemp on Dec. 5, a day after the Trump campaign filed a lawsuit seeking to have the state’s election results overturned. Mr. Trump pressured Mr. Kemp to compel lawmakers to come back into session and brush aside the will of the state’s voters.Mr. Kemp, who during his campaign for governor had toted a rifle and threatened to “round up illegals” in an ad that seemed an homage to Mr. Trump, rebuffed the idea.Two days later, Mr. Trump called David Ralston, the speaker of the Georgia House, with a similar pitch. But Mr. Ralston, who died last year, “basically cut the president off,” a member of the special grand jury in Atlanta who heard his testimony later told The Atlanta Journal Constitution. “He just basically took the wind out of the sails.”By Dec. 7, Georgia had completed its third vote count, yet again affirming Mr. Biden’s victory. But Trump allies in the legislature were hatching a new plan to defy the election laws that have long been pillars of American democracy: They wanted to call a special session and pick new electors who would cast votes for Mr. Trump.Never mind that Georgia lawmakers had already approved representatives to the Electoral College reflecting Biden’s win in the state, part of the constitutionally prescribed process for formalizing the election of a new president. The Trump allies hoped that the fake electors and the votes they cast would be used to pressure Vice President Mike Pence not to certify the election results on Jan. 6.Mr. Kemp issued a statement warning them off: “Doing this in order to select a separate slate of presidential electors is not an option that is allowed under state or federal law.”The Fake Electors MeetRather than back down, Mr. Trump was deeply involved in the emerging plan to enlist slates of bogus electors.Mr. Trump called Ronna McDaniel, the head of the Republican National Committee, to enlist her help, according to Ms. McDaniel’s House testimony. By Dec. 13, as the Supreme Court of Georgia rejected an election challenge from the Trump campaign, Robert Sinners, the Trump campaign’s local director of Election Day operations, emailed the 16 fake electors, directing them to quietly meet in the capitol building in Atlanta the next day.Mr. Trump’s top campaign lawyers were so troubled by the plan that they refused to take part. Still, the president tried to keep up the pressure using his Twitter account. “What a fool Governor @BrianKempGA of Georgia is,” he wrote in a post just after midnight on Dec. 14, adding, “Demand this clown call a Special Session.”Ronna McDaniel, chair of the Republican National Committee, at a news conference following the election in 2020.Al Drago for The New York TimesLater that day, the bogus electors met at the Statehouse. They signed documents that claimed they were Georgia’s “duly elected and qualified electors,” even though they were not.In the end, their effort was rebuffed by Mr. Pence.In his testimony to House investigators, Mr. Sinners later reflected on what took place: “I felt ashamed,” he said.Moves in the White HouseWith other efforts failing, the White House chief of staff, Mark Meadows, got personally involved. Just before Christmas, he traveled to suburban Cobb County, Ga., during its audit of signatures on mail-in absentee ballots, which had been requested by Mr. Kemp.Mr. Meadows tried to get into the room where state investigators were verifying the signatures. He was turned away. But he did meet with Jordan Fuchs, Georgia’s deputy secretary of state, to discuss the audit process.During the visit, Mr. Meadows put Mr. Trump on the phone with the lead investigator for the secretary of state’s office, Frances Watson. “I won Georgia by a lot, and the people know it,” Mr. Trump told her. “Something bad happened.”Byung J. Pak, the U.S. attorney in Atlanta at the time, believed that Mr. Meadows’s visit was “highly unusual,” adding in his House testimony, “I don’t recall that ever happening in the history of the U.S.”In Washington, meanwhile, a strange plot was emerging within the Justice Department to help Mr. Trump.Mr. Barr, one of the most senior administration officials to dismiss the claims of fraud, had stepped down as attorney general, and jockeying for power began. Jeffrey Clark, an unassuming lawyer who had been running the Justice Department’s environmental division, attempted to go around the department’s leadership by meeting with Mr. Trump and pitching a plan to help keep him in office.Mr. Trump, his daughter Ivanka Trump and Mark Meadows, his chief of staff, leaving the White House en route to Georgia in January 2021.Pool photo by Erin ScottMr. Clark drafted a letter to lawmakers in Georgia, dated Dec. 28, falsely claiming that the Justice Department had “identified significant concerns” regarding the state’s election results. He urged the lawmakers to convene a special session — a dramatic intervention.Richard Donoghue, who was serving as acting deputy attorney general, later testified that he was so alarmed when he saw the draft letter that he had to read it “twice to make sure I really understood what he was proposing, because it was so extreme.”The letter was never sent.One Last CallStill, Mr. Trump refused to give up. It was time to reach the man who was in charge of election oversight: Mr. Raffensperger, Georgia’s secretary of state.On Jan. 2, he called Mr. Raffensperger and asked him to recalculate the vote. It was the call that he would later repeatedly defend as “perfect,” an hourlong mostly one-sided conversation during which Mr. Raffensperger politely but firmly rejected his entreaties.“You know what they did and you’re not reporting it,” the president warned, adding, “you know, that’s a criminal — that’s a criminal offense. And you know, you can’t let that happen. That’s a big risk to you.”Mr. Raffensperger was staggered. He later wrote that “for the office of the secretary of state to ‘recalculate’ would mean we would somehow have to fudge the numbers. The president was asking me to do something that I knew was wrong, and I was not going to do that.”Mr. Trump seemed particularly intent on incriminating the Black women working for the county elections office, telling Mr. Raffensperger that Ruby Freeman — whom he mentioned 18 times during the call — was “a professional vote-scammer and hustler.”“She’s one of the hot items on the internet, Brad,” Mr. Trump said of the viral misinformation circulating about Ms. Freeman, which had already been debunked by Mr. Raffensperger’s aides and federal investigators.Trump-fueled conspiracy theories about Ms. Freeman and her daughter, Ms. Moss, were indeed proliferating. In testimony to the Jan. 6 committee last year, Ms. Moss recounted Trump supporters forcing their way into her grandmother’s home, claiming they were there to make a citizen’s arrest of her granddaughter; Ms. Freeman said that she no longer went to the grocery store.Then, on Jan. 4, Ms. Freeman received an unusual overture.Trevian Kutti, a Trump supporter from Chicago who had once worked as a publicist for Kanye West, persuaded Ms. Freeman to meet her at a police station outside Atlanta. Ms. Freeman later said that Ms. Kutti — who told her that “crisis is my thing,” according to a video of the encounter — had tried to pressure her into saying she had committed voter fraud.“There is nowhere I feel safe. Nowhere,” Ms. Freeman said in her testimony, adding, “Do you know how it feels to have the president of the United States target you?”Cathy Latham, center, in a light blue shirt, in the elections office in Coffee County, Ga., while a team working on Mr. Trump’s behalf made copies of voting equipment data in January 2021.Coffee County, Georgia, via Associated Press‘Every Freaking Ballot’On Jan. 7, despite the fake electors and the rest of the pressure campaign, Mr. Pence certified the election results for Mr. Biden. The bloody, chaotic attack on the Capitol the day before did not stop the final certification of Biden’s victory, but in Georgia, the machinations continued.In a quiet, rural county in the southeastern part of the state, Trump allies gave their mission one more extraordinary try.A few hours after the certification, a small group working on Mr. Trump’s behalf traveled to Coffee County, about 200 miles from Atlanta. A lawyer advising Mr. Trump had hired a company called SullivanStrickler to scour voting systems in Georgia and other states for evidence of fraud or miscounts; some of its employees joined several Trump allies on the expedition.“We scanned every freaking ballot,” Scott Hall, an Atlanta-area Trump supporter and bail bondsman who traveled to Coffee County with employees of the company on Jan. 7, recalled in a recorded phone conversation. Mr. Hall said that with the blessing of the Coffee County elections board, the team had “scanned all the equipment” and “imaged all the hard drives” that had been used on Election Day.A law firm hired by SullivanStrickler would later release a statement saying of the company, “Knowing everything they know now, they would not take on any further work of this kind.”Others would have their regrets, too. While Mr. Trump still pushes his conspiracy theories, some of those who worked for him now reject the claims of rigged voting machines and mysterious ballot-stuffed suitcases. As Mr. Sinners, the Trump campaign official, put it in his testimony to the Jan. 6 committee last summer, “It was just complete hot garbage.”By then, Ms. Willis’s investigation was well underway.“An investigation is like an onion,” she said in an interview soon after her inquiry began. “You never know. You pull something back, and then you find something else.” More

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    The Charges That Were Notably Absent From the Trump Indictment

    An indictment this week did not accuse former President Donald Trump of inciting the mob that attacked the Capitol, but it did show that some close to him knew violence might be coming.There was something noticeably absent when the special counsel, Jack Smith, unsealed an indictment this week charging former President Donald J. Trump with multiple conspiracies to overturn the 2020 election: any count that directly accused Mr. Trump of being responsible for the violence his supporters committed at the Capitol on Jan. 6, 2021.The indictment asserted that as violence erupted that day, Mr. Trump “exploited the disruption,” using it to further his goal of stopping the certification of his loss in the election. But it stopped short of charging him with actually encouraging or inciting the mob that stormed the building, chasing lawmakers from their duties.Still, the charging document, filed in Federal District Court in Washington, made abundantly clear that a group of aides and lawyers surrounding Mr. Trump were highly aware that he was playing with fire by pushing forward with his plan to pressure his vice president, Mike Pence, to throw the election his way during the congressional proceeding on Jan. 6.While some of the aides and lawyers were aghast by what might, and ultimately did, take place, others seemed unconcerned, especially those who were later named as Mr. Trump’s co-conspirators in the case.In one scene described in the indictment, a senior adviser to Mr. Trump warned the lawyer John Eastman just days before the Capitol was attacked that his plan to have Mr. Trump strong-arm Mr. Pence was “going to cause riots in the streets.”According to the indictment, Mr. Eastman “responded that there had previously been points in the nation’s history where violence was necessary to protect the republic.”More than 1,000 people have been charged so far with taking part in the Capitol attack, which caused millions of dollars’ worth of damage and injuries to more than 100 police officers. Among those accused are nearly 350 defendants charged with assaulting the police and 10 members of the Proud Boys and the Oath Keepers militia who were convicted at trial of seditious conspiracy, a crime that requires showing that physical force was used against the government.In December, the House select committee investigating Jan. 6 recommended that the Justice Department charge Mr. Trump with several federal crimes, including inciting insurrection — a count that would have directly placed the blame for the attack on Mr. Trump’s shoulders. But Mr. Smith’s prosecutors did not include that charge in the indictment.Instead, they focused on counts that detailed Mr. Trump’s wide-ranging machinations to remain in power in the weeks leading up to the attack and on how he took his time in issuing a plea for calm to his supporters once the attack was underway.At a news conference announcing the charges, Mr. Smith asserted that the assault on the Capitol was “fueled by lies,” but over the course of its 45 pages, the indictment itself never quite makes that accusation directly against Mr. Trump.And yet the charges did lay out how Mr. Eastman, who is identified in the indictment only as Co-Conspirator 2, and Jeffrey Clark, a loyalist in Mr. Trump’s Justice Department who appears as Co-Conspirator 4, understood and even accepted that violence might result from their plans to subvert the democratic process and keep Mr. Trump in the White House.Three days before the Capitol was attacked, the indictment says, a deputy White House counsel told Mr. Clark that there had been no voting fraud sufficient to change the results of the election and that if Mr. Trump nonetheless maintained his grip on power, there would be “riots in every major city in the United States.”Mr. Clark’s response, according to the indictment, was to bring up a federal law that allows the president to summon the military to quell domestic unrest.“That’s why there’s an Insurrection Act,” he said.For reasons that remain unknown, prosecutors chose not to include in the indictment any evidence from Cassidy Hutchinson, an aide to Mr. Trump’s former chief of staff Mark Meadows. In a gripping testimony last year in front of the House Jan. 6 committee, Ms. Hutchinson described how Mr. Trump, knowing his supporters were armed and threatening violence on Jan. 6, urged them to march to Capitol anyhow — and even sought to join them.Ms. Hutchinson told the panel that Mr. Trump had demanded that security checkpoints be removed outside his rally on the Ellipse, near the White House, even though he had been warned that some in the crowd had been spotted with weapons.“They’re not here to hurt me,” she quoted Mr. Trump as saying.In theory, Mr. Smith’s team could bring new charges against Mr. Trump at almost any time, using accounts like Ms. Hutchinson’s to support an accusation that Mr. Trump played some role in encouraging the violence at the Capitol. The incitement charge recommended by the House committee is written quite broadly, making it a crime to “incite, assist with or participate in” a rebellion or an insurrection against federal laws or government authority.Prosecutors could also try to connect Mr. Trump more directly with the violence through the statements made by scores of rioters charged in the Capitol attack who have said that they were answering Mr. Trump’s call when they traveled to Washington and joined in the assault.“Hey we’re going back to Washington January 6 — Trump has called all patriots,” an Iowa woman named Deborah Sandoval wrote on Facebook on Dec. 21, 2020, two days after Mr. Trump summoned his followers to a “wild” protest in the city. “If the electors don’t elect, we will be forced into civil war.”Still, prosecutors are often wary of bringing incitement charges because they typically involve behavior like speeches or social media posts that the First Amendment protects, within limits.And Mr. Trump’s lawyers have already signaled that he intends to use a First Amendment defense against the charges he is facing.During his speech before the attack, Mr. Trump did at one point tell his followers to march on the Capitol “peacefully,” and, after the building had been stormed, he posted messages on Twitter belatedly asking people in the crowd to “remain peaceful.”But prosecutors say that even though he issued those calls, he did not ask his supporters to leave the Capitol grounds until after 6 p.m. that day. And as he made that request, the indictment said, he continued to repeat his false claims that a “sacred landslide victory” had been “viciously stripped away” from him. More