FiveThirtyEight Politics

Three Georgia Law Professors Weigh In On Trump's Indictment


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Former President Donald Trump has been indicted for a fourth time, now in Fulton County, Georgia, for efforts to overturn the results of the 2020 presidential election in that state. While the alleged crimes in this case are similar in some ways to his previous federal indictments in special counsel Jack Smith’s investigation, there are important differences.

First, these are state crimes, based in part on Georgia’s racketeering laws, which have historically been applied much more broadly than federal racketeering laws.

Second, and relatedly, the core of this case involves an alleged criminal enterprise, which has led to the indictments of 18 other people also involved — in various ways — in trying to overturn the results of the 2020 election.

Third, these being state crimes, the president has no power to pardon or commute a sentence in this case — important when thinking about the possibility of a second term for Trump. And unlike the former president’s prior indictments in New York, Florida and Washington, D.C., Georgia allows its court proceedings to be televised. That could be a significant factor in how the public might process the indictment.

In this installment of the FiveThirtyEight Politics podcast, Galen Druke speaks with a group of Georgia legal experts about what to expect from this case and what makes it distinct from Trump's other legal woes.

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