Kara Sears
Former US President Donald Trump and 18 of his allies were indicted in August 2023 for allegedly violating Georgia's Racketeer Influenced and Corrupt Organizations (RICO) Act. The charges stem from their alleged efforts to unlawfully change the outcome of the 2020 US presidential election in Georgia. The indictment includes other charges such as making false statements, influencing witnesses, and conspiracy to defraud the state. The case is pending, and Trump has denied any wrongdoing.
| Characteristics | Values |
|---|---|
| Date of indictment | 14th August 2023 |
| Number of co-defendants | 18 |
| Charges | Violation of the Georgia RICO Act, Solicitation of violation of oath by public officer, Conspiracy to commit impersonating a public officer, Conspiracy to commit forgery in the first degree, Conspiracy to commit false statements and writings, Conspiracy to commit filing false documents, Perjury, False statements and writings to investigators, Conspiracy to commit each of election fraud, computer theft, computer trespass, computer invasion of privacy, and to defraud the state, Influencing witnesses, Conspiracy to commit solicitation of false statements and writings |
| Status of the case | Pending |
| Date of trial | Not set |
| Number of defendants pleading guilty | 4 |
| Number of defendants pleading not guilty | 15 |
What You'll Learn
Trump's lawyer claims he is 'immune from indictment'
On August 14, 2023, a grand jury indicted former US President Donald Trump and 18 co-defendants on charges of election interference in Georgia. The indictment mentions 30 unindicted co-conspirators.
Trump's lawyers have argued that he is immune from prosecution, claiming that he was acting within his role as president when he pressed claims about "alleged fraud and irregularity" in the 2020 election. They have asserted that the "historical fallout is tremendous" from the four-count indictment, which charges Trump with plotting to overturn the election he lost to Democrat Joe Biden.
Trump's legal team has contended that, under the Constitution, he cannot be criminally prosecuted for conduct for which he was already impeached, but then acquitted, by Congress. They have also argued that courts have no authority to scrutinize a president's official acts and that prosecuting Trump represents a dramatic departure from over two centuries of American history.
However, federal prosecutors have countered that Trump broke the law by scheming to disrupt the counting of electoral votes on January 6, 2021, including by pressuring then-Vice President Mike Pence to not certify the results. They maintain that a former president enjoys no immunity from prosecution and that a case involving allegations of subverting an election "is not the place to recognize some novel form of immunity."
The outcome of this legal battle will have enormous ramifications for the landmark criminal case against Trump and could set the stage for further appeals before the US Supreme Court.
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Trump's request to Georgia Secretary of State to 'find 11,780 votes'
On January 2, 2021, then-U.S. President Donald Trump held a one-hour phone call with Georgia Secretary of State Brad Raffensperger, pressuring him to "find 11,780 votes" and overturn the state's 2020 election results. Trump had refused to accept his defeat to Joe Biden and made a months-long effort to overturn the results.
During the call, Trump repeatedly asked Raffensperger to "find more than 11,000 ballots" to overcome the gap between his and Biden's votes in Georgia, thereby flipping the state in his favour. He suggested that ballots for him had been "shredded" in Fulton County and that there was evidence of fraud in several counties. Trump also linked his fate in Georgia to the upcoming runoff election for Republican Senators Kelly Loeffler and David Perdue, implying that Raffensperger's actions would determine whether Republicans would vote.
Raffensperger rejected Trump's claims, stating that his data was "wrong" and that he would not comply with the president's wishes. Trump's attempts to pressure Raffensperger were perceived as pleading and threatening. Legal experts suggested that Trump's behaviour may have violated state and federal laws, and his phone call was cited in the article of impeachment in his second impeachment trial.
The phone call was released by The Washington Post and other media outlets, causing outrage among Democrats and some Republicans. It was also a central element in the August 2023 indictment of Trump and 18 co-defendants in Fulton County on charges including racketeering and fraud.
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Trump's alleged violation of Georgia's RICO Act
In August 2023, former US President Donald Trump and 18 co-defendants were indicted by a grand jury in Fulton County, Georgia, for allegedly violating Georgia's Racketeer Influenced and Corrupt Organizations (RICO) Act. The indictment was the result of a more than two-year investigation by Fulton County District Attorney Fani Willis into potential 2020 election interference in the state.
The indictment alleges that Trump and his co-defendants, including his former lawyer Rudy Giuliani and former White House Chief of Staff Mark Meadows, were part of a "criminal racketeering enterprise" that "knowingly and willfully joined a conspiracy to unlawfully change the outcome" of the 2020 US presidential election in Georgia. According to the indictment, Trump and his allies made repeated efforts to reverse the election results, including pressuring Georgia state officials and creating false electoral vote documents.
The RICO statute in Georgia allows prosecutors to tie in alleged unlawful activity that occurred outside the state, such as a meeting in Michigan to overturn election results. It also enables them to portray allies working together to commit crimes and include occurrences that might otherwise seem small or irrelevant.
The specific allegations against Trump include requesting then-Georgia Secretary of State Brad Raffensperger to "find 11,780 votes," which would have changed the outcome of the election in Georgia. Trump is also accused of pressuring Georgia House Speaker David Ralston to convene a special session of the state legislature to overturn the election results. In addition, Trump and his co-defendants allegedly plotted to create pro-Trump slates of fake electors and illegally accessed voting systems in Coffee County to find evidence of election fraud.
Trump's legal team has asked the Georgia Court of Appeals to throw out the RICO case, citing presidential immunity. They argue that a sitting president is immune from indictment or any criminal process, state or federal. The Court of Appeals disqualified Willis from prosecuting the case due to a conflict of interest, and it is currently unclear if another prosecutor will take up the case.
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Trump's claim that the Georgia case is a 'political witch hunt'
Former US President Donald Trump has been charged with racketeering, conspiracy, and other charges by a grand jury in Fulton County, Georgia. The charges are the result of a more than two-year investigation by District Attorney Fani Willis into potential 2020 election interference in the state. Trump is accused of attempting to overturn his 2020 election loss in Georgia and is facing 13 new charges, including racketeering and election meddling.
Trump has repeatedly denied any wrongdoing in all of his criminal cases and has called the latest charges a "witch hunt", suggesting they are politically motivated. He has also claimed that the case should not move forward without him and that he will be presenting a ""large, complex, detailed" report that will exonerate him.
Trump's claim that the Georgia case is a political witch hunt is not without precedent. He has a history of declaring "witch hunts" in various legal matters, including the 62 lawsuits he filed and lost while contesting the 2020 election. Additionally, Trump-appointed judges were among those who dismissed his election fraud lawsuits.
However, it is important to note that Trump's legal troubles extend beyond the Georgia case. He faces a total of 78 charges from three other cases, including election interference, hush money paid to a porn star, and hoarding classified documents. Trump has also been accused of sexual misconduct by multiple women and has a history of legal issues dating back to 1973.
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Trump's lawyer's argument that Georgia courts lost jurisdiction
In August 2023, a grand jury indicted former US President Donald Trump and 18 co-defendants on charges of violating Georgia's Racketeer Influenced and Corrupt Organizations (RICO) statute. The indictment alleged that Trump led a "criminal racketeering enterprise" to ""unlawfully change the outcome" of the 2020 US presidential election in Georgia.
Trump's lawyers have attempted to have the case dismissed on several grounds, including presidential immunity, First Amendment rights, and the argument that the Georgia courts lack jurisdiction.
Trump's lawyers have argued that the Georgia courts lack jurisdiction over the case because the charges against him relate to his official duties as President of the United States. They contend that the Supremacy Clause of the US Constitution prohibits state interference in a federal official's duties. Trump's former chief of staff, Mark Meadows, made a similar argument in his attempt to move the case to federal court, claiming that his actions were part of his official duties as an executive branch staffer.
However, legal experts like Norm Eisen of the Brookings Institution have countered that the actions in question were part of Trump's efforts to win re-election and were unrelated to his official presidential duties. Additionally, a district court in Washington, DC, has previously ruled against Trump on a similar argument in a civil lawsuit related to the January 6 attack on the Capitol.
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Frequently asked questions
Yes, former President Donald Trump was indicted by a grand jury in Fulton County, Georgia, for racketeering, conspiracy, and other charges. The charges are the result of a more than two-year investigation by District Attorney Fani Willis into potential 2020 election interference in the state.
Trump was accused of leading a "criminal racketeering enterprise", in which he and 18 co-defendants "knowingly and willfully joined a conspiracy to unlawfully change the outcome" of the 2020 U.S. presidential election in Georgia.
The case is still pending. Trump has asked the Georgia Court of Appeals to dismiss the criminal case, citing his White House win in the 2024 election.
