Indictments Ahead: Waiting on Fulton County GA [UPDATE-2]
[NB: Check the byline, thanks. /~Rayne]
Because discussion of the anticipated announcement of indictments by Fulton County, Georgia district attorney’s office is bleeding into other dedicated threads, I’m publishing a post for this purpose.
The chatter began across the internet this past weekend when CNN reported the DA’s office had copies of texts implicating Team Trump — by which I mean people working directly with Trump to overturn the 2020 election — in efforts to breach voting equipment in Coffee County, Georgia.
After Fulton County accidentally released what appeared to be a copy of the charges against Donald Trump early Monday afternoon, clamor ramped up even after the copy was yanked from publication.
At this moment — shortly after 11:00 p.m. ET — we are waiting for an announcement from Fulton County DA’s office as the grand jury handed over indictments around 9:00 p.m. ET this evening.
~ ~ ~
UPDATE-1 — 11:50 P.M. —
The charging document has been filed and published on line in the last 20 minutes.
Donald J. Trump has been charged with the following:
|
Description |
OCGA Statute |
Level |
Date |
|
| 1 | (Violation Of The Georgia RICO (Racketeer Influenced And Corrupt Organizations) Act |
16-14-4 |
Serious Felony |
11/04/2020 |
| 5 | Solicitation of Violation of Oath by Public Officer |
16-4-7(b) |
Felony |
12/07/2020 |
| 9 | Conspiracy To Commit Impersonating a Public Officer |
16-4-8 |
Felony |
12/06/2020 |
| 11 | Conspiracy To Commit Forgery in the First Degree |
16-4-8 |
Felony |
12/06/2020 |
| 13 | Conspiracy To Commit False Statements and Writings |
16-4-8 |
Felony |
12/06/2020 |
| 15 | Conspiracy To Commit Filing False Documents |
16-4-8 |
Felony |
12/06/2020 |
| 17 | Conspiracy To Commit Forgery in the First Degree |
16-4-8 |
Felony |
12/06/2020 |
| 19 | Conspiracy To Commit False Statements and Writings |
16-4-8 |
Felony |
12/06/2020 |
| 27 | Filing False Documents |
16-10-20.1(b) |
Felony |
12/31/2020 |
| 28 | Solicitation of Violation of Oath by Public Officer |
16-4-7(b) |
Felony |
01/02/2021 |
| 29 | False Statements and Writings |
16-10-20 |
Felony |
01/02/2021 |
| 38 | Solicitation of Violation of Oath by Public Officer |
16-4-7(b) |
Felony |
09/17/2021 |
| 39 | False Statements and Writings |
16-10-20 |
Felony |
09/17/2021 |
D.A. Fani Willis is expected to make a public statement yet this evening.
~ ~ ~
UPDATE-2 — 12:20 a.m. 15-AUG-2023 —
D.A. Willis held a presser, see: https://youtu.be/eRDNfE5GOqE
Willis said indictees Trump and the other 18 racketeering defendants are to surrender by noon August 25.
Georgia criminal defense attorney Josh Schiffer appeared on Atlanta First News to explain the indictment — see https://youtu.be/223pKFi4BHE
~ ~ ~
This post may be updated as events unfold with any updates to appear at the bottom of this post.
Bring all discussion of the Fulton County investigation and indictments to this thread.
Reuters published a copy of what Fulton County clerk’s office said was a “fictitious document” which was posted then removed from its website.
You’ll see it contains 13 line items each spelling out Georgia code and what appear to be a rolling count of charges against Donald J. Trump.
https://fingfx.thomsonreuters.com/gfx/legaldocs/gdpzwwwqyvw/Details.pdf
Wonder how far off this “fictitious document” is from the actual anticipated indictment.
ADDER-1: While I’m trying to copy all the expected charges, I’d like somebody to explain the difference between “serious felony” and “felony” under Georgia state law if that’s a real thing.
ADDER-2: As I type this it’s after 12:30 p.m. ET here — I’m heading to bed. Play nice.
— Break any links you want to share by inserting blank spaces in the URL if you want to avoid moderation.
— Using the word “RICO” may cause moderation, however, as the word appears in troll posts; you’ll have to wait for moderation team to release the comment.
What little I’ve found involves “serious violent felonies,” a special class of seven “deadly sins,” that include murder, rape, armed robbery, and various sex crimes.
https://www.criminaldefenselawyer.com/resources/criminal-defense/felony-offense/georgia-felony-class.htm
It looks like they grade felonies from a simple “felony” charge to serious violent felony with serious felony between. Not sure if they break it down further by class. I’m also sure we’ll find out more as the case goes forward.
At last:
https://s3.documentcloud.org/documents/23909543/23sc188947-criminal-indictment.pdf
30 unindicted coconspirators
11:07 p.m. —
Per WP
Former president Donald Trump faces 13 counts, according to the indictment. These include violating the Georgia Racketeer Influenced and Corrupt Organizations Act, soliciting a public officer to violate their oath, conspiring to impersonate a public officer, conspiring to commit forgery in the first degree and conspiring to file false documents.
11:08 p.m. —
Former president Donald Trump faces 13 counts, according to the indictment. These include violating the Georgia Racketeer Influenced and Corrupt Organizations Act, soliciting a public officer to violate their oath, conspiring to impersonate a public officer, conspiring to commit forgery in the first degree and conspiring to file false documents.
[Moderator’s note: Because your off-topic comments are on-topic in this thread, they’ve been copy-pasted into this comment for consolidation and the originals moved to Trash. /~Rayne]
Please furnish a link to “WP” content at 11:07 p.m. and if the 11:08 p.m. content is from a different source, please also include a link to that.
both from same source:
https://www.washingtonpost.com/national-security/2023/08/14/trump-georgia-election-investigation/
Thank you for moving the comments.
I believe unindicted coconspirator 3 is Joseph diGenova
I take it this means that the heretofore unheard from Mark Meadows did not cooperate?
Andrew Weisman just said that this puts Meadows in a huge bind, because he may not have been as forthcoming or honest with SC Smith as he would have been had he known this was coming.
I gave you another Georgia song.
yes, well played. thx
D.A proved too much for the man
(Too much for the man)
(He couldn’t make it)
So, he’s leaving the life he’s come to know, oh
He’s leaving (leaving)
On that midnight train to Georgia (leaving on a midnight train)
… He kept dreaming
(Dreaming)
Oh, that someday he’d be a star
(A superstar, but he didn’t get far)
But he sure found out the hard way
That dreams don’t always come true (dreams don’t always come true)
Oh no (uh-uh, no, uh-uh)
Love this, and so appreciate them all!
I’ll bet Gladys would have sung it just like that. Nicely adapted, thanks.
Trump is the only other one on count 28 with Meadows
Meadows only has two counts in the Indictment from what I’ve been able to gather so far. One attempt to cause an official to violate their oath of office, one count of rackateering.
It’s always RICO!
Well clearly it’s only occasionally RICO. O_o
Every time I hear “RICO” I think of Starship Troopers and always in the voice of Michael Ironside.
Me, I think of Carmen Miranda:
https://youtu.be/vWUBwhyDWtI
…
She’s-gonna RICO me,
she’s-gonna RICO you,
she’s-gonna RICO every-other bum-in-town,
And all-this sorry-mess is-’cause a crooked-pest who-thinks-he’s-president could-try-and-stick-around,
to run-his-family grift, –which is-his-only gift, ’cause-otherwise he’s-just-another-stupid-clown.
And yet so-very-soon, in the-full-light-of-noon, she’ll use-the-law-and-courts to bring-them all-to-ground.
…
Brilliant !
True to the GA theme, the Allman Brothers’ great “Eat a Peach” album opens with “One Way Out”… A plea deal?
To the tune of the Grateful Dead’s “Casey Jones”, and begging bmaz’ pardon:
Delightful! As a long time Deadhead, this is the icing on today’s cake! Thanks.
Ha! Well in that case (though hardly in the spirit of the original); bear with me it’s late:
Chuckling, thanks!
Nicely done, was happy to sing it aloud to try-out the parts.
(but we have no link to this tasty little amuse bouche’s DOCKET, do we …)
There is conjecture that the unindicted co-conspirator Individual 20, in Act 90, could be Lin Wood
“Act 90.
. On or about the 18th day of December 2020, DONALD JOHN TRUMP met with
RUDOLPH WILLIAM LOUIS GIULIANI, SIDNEY KATHERINE POWELL, unindicted
co-conspirator Individual 20, whose identity is known to the Grand Jury, and others at the White
House. The individuals present at the meeting discussed certain strategies and theories intended
to influence the outcome of the November 3, 2020, presidential election, including seizing voting
equipment and appointing SIDNEY KATHERINE POWELL as special counsel with broad
authority to investigate allegations of voter fraud in Georgia and elsewhere. This was an overt act
in furtherance of the conspiracy.”
He does not seem to be named elsewhere, so it would make sense that he was present at the White House meeting and could be giving State’s evidence.
List of indictees:
Defendants: Trump, Giuliani, Eastman, Mark Meadows, Kenneth Chesebro, Jeff Clark, Jenna Ellis, Ray Smith, Robert Cheeley, Mike Roman, David Shafer, Shawn Still, Stephen Lee, Harrison Prescott, Trevian Kutti, Harrison Floyd, Sidney Powell, Cathy Latham, Scott Hall, Misty Hampton.
41 counts, but obviously they don’t all apply to everyone.
DONALD JOHN TRUMP: Counts 1,5, 9, 11, 13, 15, 17, 19, 27-29, 38-39
RUDOLPH WILLIAM LOUIS GIULIANI: Counts 1-3, 6-7, 9, 11, 13, 15, 17, 19, 23-24
JOHN CHARLES EASTMAN: Counts 1-2, 9, 11,13, 15, 17, 19, 27
MARK RANDALL MEADOWS: Counts 1, 28
KENNETH JOHN CHESEBRO: Counts 1, 9, 11, 13, 15, 17, 19
JEFFREY BOSSERT CLARK: Counts 1, 22
JENNA LYNN ELLIS: Counts 1-2
RAY STALLINGS SMITH III: Counts 1-2, 4, 6, 9, 11, 13, 15, 17, 19, 23, 25
ROBERT DAVID CHEELEY: Counts 1, 9, 11, 13, 15, 17, 19, 23, 26, 41
MICHAEL A. ROMAN: Counts 1, 9, 11, 13, 15, 17, 19
DAVID JAMES SHAFER: Counts 1, 8, 10, 12, 14, 16, 18, 40
SHAWN MICAH TRESHER STILL: Counts 1, 8, 10, 12, 14, 16, 18
STEPHEN CLIFFGARD LEE: Counts 1, 20-21, 30-31
HARRISON WILLIAM PRESCOTT FLOYD: Counts 1, 30-31
TREVIAN C. KUTTI: Counts 1, 30-31
SIDNEY KATHERINE POWELL: Counts 1, 32-37
CATHLEEN ALSTON LATHAM: Counts 1, 8, 10, 12, 14, 32-37
SCOTT GRAHAM HALL: Counts 1, 32-37
MISTY HAMPTON AKA EMILY MISTY HAYES: Counts 1, 32-37
This is really helpful, PJ Evans…Thanks!
[Do you mind if I just call you PJ?]
You’re welcome!
(No – that’s fine by me.)
Yeah, we’re going to need a scorecard to keep the unindicted co-conspirators in this indictment straight.
To me, Mike Flynn seems like a good candidate for unindicted co-conspirator Individual 20.
Your eye is better than mine, SL. I’ve been looking for him everywhere.
Tamar Hallerman: https://twitter.com/TamarHallerman/status/1691282987336204288
18 people, and 98 pages of indictment.
also Anna Bower (thread): https://twitter.com/AnnaBower/status/1691281787979210752
They’re waiting for the press conference.
Bower has a link to the indictment, via lawfaremedia: https://www.lawfaremedia.org/article/donald-trump-indicted-in-fulton-county (linnk inside the story)
See above link at 11.18 pm.
Presser going on, Bower’s thread.
Willis is giving the indictees till Friday noon to turn themselves in voluntarily.
Correction: Friday the 25th.
No expert (I’ve been googlin) but I believe there is a mandatory minimum 5 years for RICO and the prosecutor can freeze assets.
That’s what DA Willis said, also no probation for convictions is allowed.
Mary L Trump
@MaryLTrump
In fairness, he’s been the head of a criminal organization since the 1970s–this one just includes people who aren’t actually members of his family.
I think his progeny pretty much stayed out of this so you would need to establish that there was a corrupt organization, vs the largely extemporized venality of his previous enterprises.
Bmaz,
I’ve never been yelled at by you. I’d like to maintain my record. I respect the hell out of your knowledge and experience, and goddamn if I don’t enjoy watching you take down jackasses.
I’d like to ask two questions. Trigger warning: I’m gonna reference the R word. Don’t go apeshit on me, please. I’m just trying to learn.
I read in the NYT tonight that RICO can often be a nightmare for defense lawyers. Great for prosecutors, nightmare for defense lawyers. Do you agree with that? Does it stack the deck against the defense? Because one of the things I like most about you – and I’ve said this before – is that you always put the law above everything else. Republicans, Democrats, etc.
Second question. I know you feel like RICO is often abused (overused, applied incorrectly), and I agree. Is that a bigger sticking point for you than #1 above? Should RICO only be used for organizations that are literally criminal organizations?
The reason I ask these two questions: if we set aside our feelings about Fani Willis and the above RICO problems – if we set all that aside for a sec – it feels like Trump’s actions in Georgia meet the standards for RICO in Georgia.
Again, serious questions from a fan of this site, not a lawyer, not trying to piss you or anyone else off. Just trying to learn. Thanks.
As always, thanks for all you and the team do for us, especially us non-lawyers.
Thank you for asking what me- and probably others- were hesitant to.
Come on man. Obsequious much?
[Moderator’s note: Do not police other’s comments here. /~Rayne]
If you are going to poke a bear, do so very gently. This particular bear has a lot of useful knowledge and insight to offer, but can sometimes be distracted by anger. The post is trying to elicit the former response, not the latter. Perfectly reasonable.
If I recall the RICO laws in question are Georgia State laws, not Federal. So how Georgia Rico laws work is the question here.
Hum, this looks like a massive case. Does Fulton county have the resources for it?
Also, I’ve never paid attention to a trial this large. How does it even work with so many defendants and lawyers, not to mention TVs?
Fulton is home to most of Atlanta; it’s the 43rd most populous county in the U.S., home to a little over 1 million residents.
I think they’ll have the resources.
A lot of lawyers indicted this evening. Would some lawyer like to comment on what it must feel like to be disbarred. I can’t imagine the shame I would feel to have my life’s work struck out by a jury of my professional peers. Would I prefer prison?
I don’t think it is an ‘either / or’, I think it is a package deal.
I think it depends in part on why someone is disbarred. Growing up (in the US), we had a neighbor who had been disbarred for belonging to the Communist Party. He was finally reinstated sometime in the 80s/90s. I do not know what his feelings were, but I hope he never felt ashamed for being persecuted for his political beliefs.
In the case of people who’ve truly done wrong, it’ll also depend on whether the individual is capable of feeling guilty or ashamed for their wrongdoing.
https://content.jwplatform.com/previews/BwrpTOeK
Link to video clip above
Andrew Weissman on Deadline Whitehouse this afternion.
With regards to bail rules in Georgia based on the statute that may apply here
The presunption is the defendant has the burden of rebutting, i.e. it is on the defendant to show that he will not commit crimes, that he is not a risk of flight. The exact words of statute to approve bail that the judge must find “ the defendant poses no risk of intimidating witnesses or otherwise obstructing the administration of justice.
Good luck with that Donny
The Donald went down to Georgia
He was lookin’ for some votes to steal
He got in a bind
They’re gonna kick his behind
Now listen to The Donald squeal
Ken White has his say
https://www.youtube.com/watch?v=aiVkyD1yzJg
Couple of questions.
No Lindsey Graham? (sad face)
More seriously, since there are 19 named indictees, can anyone predict how any trials would be organized to avoid the effect we’ve been learning about: 19 attorneys asking a witness the same question 19 times? Procedural rules to stop them? Batched contiguous trials?
She has announced a single 19 – defendant trial.
Presumably the wit’s counsel would object, “Asked and answered.”
Thank you for all of your songs. It gives the occasion such a party feel. That song they play at weddings, “At Last”. Yes, Trump and his side kicks have “at last” been called to account. The list was quite long. Looks good on all of them.
The judicial system is alive and well in Georgia!
Real party feel song for the occasion https://www.youtube.com/watch?v=BbrXHMYAz-E
Christina Bobb
Patrick Byrne
Boris Epshteyn
Michael Flynn
Cleta Mitchell
Lin Wood
Oops! This was meant to go with that list –
Maybe we should start making a list of names notably absent. They might be potential unindicted co-conspirators. Here, I’ll get it started:
Bernie Kerik should be on that list as well as Lin Wood
Adding: Bernie Kerik
Thanks, SL!
Above, paulka123 says they “I believe unindicted coconspirator 3 is Joseph diGenova”, speaking of which has Victoria Toensing been mentioned?
11/4/20 Mark Meadows asks Cleta Mitchell to work on Trump’s lawsuits in Georgia.
https://www.emptywheel.net/2023/06/26/nonzero-on-evidence-based-investigations-and-rudy-giulianis-devices/
Great list, Thanks SL!
I have a comment is moderation,
but basically, maybe: Toensing, DiGenova
I have to ask in all seriousness: Lindsay Graham: what’s the group’s best guess. Uninvited, insufficient evidence, or too politically hot even for Willis?
Aaaagh. Unindicted.
Uninvited also works. No one wants more of Graham.
WRT your question: my guess is that prosecution couldn’t clearly make a case because Graham may not have called as a Senator but as a proxy for the campaign, and done so in a way that clouded his weaselry. Including him may have caused delays to the other indictees’ prosecutions.
Because of the Speech and Debate Clause ?
Yeah – Graham can’t claim protection under Speech and Debate because he wasn’t performing legislative duties in his contacts with GA personnel. But if he was calling on behalf of the campaign and taking a “just asking questions” approach, it’d be easy to see how Graham would try to throw a wrench in the works by claiming Speech & Debate even if he knew it wasn’t a legitimate defense. It’d have to go to court and it’d slow down prosecution of the bundled conspiracy.
At least that’s my non-lawyer perspective.
I really hate the thought that that bastard gets to slither out of any accountability for his Uriah Heep behavior towards Trump.
“No one wants more of Graham.” I continue to be astounded that he found a fraternity at South Carolina that would accept him.
If we cross reference the list below (and add State Senator Brandon Beach) against the list of those who are indicted, we might determine who some of the unindicted co-conspirators are because we know that Willis flipped 8 people:
“Willis sent target letters to people she is investigating related to the fake electors plot. These include two Republican officials — State Senator Brandon Beach and David Shafer, chairman of the Georgia Republican Party — and the 16 people who falsely presented themselves
as electors. She also sent a target letter to State Senator Burt Jones, but then a judge said she could not target Jones due to a conflict of interest….After hearing from 75 witnesses…”
https://en.wikipedia.org/wiki/Fani_Willis
List of Georgia’s fake electors:
Mark Amick
Joseph Brannan
James “Ken” Carroll
Brad Carver
Vikki Townsend Consiglio
John Downey
Carolyn Hall Fisher
Gloria Kay Godwin
David G. Hanna
Mark W. Hennessy
State Sen. Burt Jones
Cathleen Alston Latham
Daryl Moody
David Shafer
Shawn Still
C.B. Yadav
Slated to sign but replaced:
Patrick Gartland
Susan Holmes
John A. Isakson
CJ Pearson
https://georgiarecorder.com/2022/02/01/trumps-fake-electors-heres-the-full-list/
Here’s an alphabetized list (except DJT) of those indicted:
DONALD JOHN TRUMP
ROBERT DAVID CHEELEY
KENNETH JOHN CHESEBRO
JEFFREY BOSSERT CLARK
JOHN CHARLES EASTMAN
JENNA LYNN ELLIS
HARRISON WILLIAM PRESCOTT FLOYD
RUDOLPH WILLIAM LOUIS GIULIANI
SCOTT GRAHAM HALL
MISTY HAMPTON /EMILY MISTY HAYES
TREVIAN C. KUTTI
CATHLEEN ALSTON LATHAM
STEPHEN CLIFFGARD LEE
MARK RANDALL MEADOWS
SIDNEY KATHERINE POWELL
MICHAEL A. ROMAN
DAVID JAMES SHAFER
RAY STALLINGS SMITH III
SHAWN MICAH TRESHER STILL
Willis to Powell: “Do you like Krakens? (Slaps indictment against glass) I got your number; how do you like them Krakens?”
Looking at the list of the Grand Jurists, it looks like a real mix of nationalities.
If they’re sitting on a jury of any kind, they’re all US citizens.
Rayne, I know this isn’t open thread time. But I keep seeing stories about small independent press organizations getting bullied by powers that be, and I know you share my fondness for local newpapers. The most recent is this from northern Wisconsin, targeted by a parasitic lawsuit (gift link):
https://www.nytimes.com/2023/08/15/business/media/antigay-slur-wausau-pilot-review.html
Of course there’s the terrifying story of the Marion County, Kansas paper, too. All being gone after by loose aggregates of money/law enforcement/GOP power that they don’t have the resources to combat.
I recall you talking about a kind of pool subscription to local papers. How about a pooled fund to support these small enterprises when they are targeted like this? I have no idea where to start, since my own and spouse’s experience reporting for small papers was in blue states, meaning those papers haven’t been targeted by this kind of thing. It’s all happening in red or battleground areas.
Any ideas welcome!