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☆ What Fani Willis Got Wrong in Her Trump Indictment - The New York Times
▼ + stars: | 2023-08-29 | by ( Andrew Fleischman | ) www.nytimes.com time to read: +2 min

Typically, people are allowed to petition the government to do things, even unconstitutional things. That a court might, down the line, find those things to be unconstitutional seems like a dangerous basis to criminalize that petitioning. But the Supreme Court also specifically said that this protection vanishes when lying for material gain, or to the government. All Mr. Giuliani can do is show the court what evidence supported those statements. And what’s more, Mr. Giuliani recently admitted in a civil filing that his claims against two Fulton County election workers had been false.

Persons: There’s, Trump, Alvarez, Rudy Giuliani, Mr, Giuliani Organizations: United Locations: United States, Fulton

As part of her request, Willis noted that one of the defendants, Kenneth Chesebro, sought a quick trial under Georgia’s Speedy Trial Act. Late Friday, another defendant, attorney Sidney Powell, also requested a speedy trial, according to a new filing. How does Georgia’s speedy trial law work? Under Georgia law, any criminal defendant has the right to demand a trial within weeks of being indicted. Lawyers for Trump told the judge that they oppose the proposed October 23 trial date, and will attempt to separate his Georgia case from Chesebro, who wanted to speed up the trial date.

Persons: Fani Willis, Willis, Kenneth Chesebro, Georgia’s, Sidney Powell, ”, Chesebro, Elie Honig, Andrew Fleischman Organizations: State, CNN, Trump Locations: Fulton County, Georgia, ” Georgia, Chesebro

☆ Trump may try to move the Fulton County criminal case to federal court. Here’s why
▼ + stars: | 2023-08-17 | by ( Devan Cole | ) edition.cnn.com time to read: +7 min

The former president is also expected to try to move the case to federal court, according to multiple sources familiar with his legal team’s thinking. Successfully transferring their cases to federal court could provide some key advantages. Should the case actually go to trial in the federal court, Trump and Meadows or others could end up with a jury pool more sympathetic than the one they might get from around Atlanta, where the state courthouse for this case is based. Trump and Meadows could also argue in federal court that they are protected because their efforts were part of their official duties as president and White House chief of staff, respectively. He’s citing a federal law that allows civil action or criminal prosecution to be removed to federal court if the lawsuit or prosecution relates to conduct performed “under color” of a US office or agency.

Persons: Mark Meadows, Donald Trump, Georgia’s, Fani Willis, Trump, Willis –, “, ”, Andrew Fleischman, Meadows, Steve Vladeck, Clark Cunningham, ” Willis, Willis, Willis ’, ” He’s, Brad Raffensperger, Raffensperger, Steve Jones, Barack Obama, Rudy Giuliani –, –, ” Giuliani Organizations: CNN, White House, US, District of, Trump, CNN Supreme, University of Texas School of Law, Appeals, Georgia State University, White, Georgia, Staff, Meadows, “ Locations: Fulton County , Georgia, District of Georgia, Trump, Meadows, Atlanta, Fulton County, Georgia’s, Georgia, Fulton, Cobb County , Georgia, United States, New York

☆ The strengths and weaknesses of the Georgia election meddling case against Trump and his allies
▼ + stars: | 2023-08-16 | by ( Tierney Sneed | ) edition.cnn.com time to read: +10 min

“It’s a type of criminal liability that you can get in trouble for things that other people do,” said Ashleigh Merchant, a Georgia criminal defense attorney with experience in RICO cases. And she’ll be navigating around a federal prosecution of Trump for his 2020 election reversal schemes that has taken a much narrower approach. Here are the strengths and weaknesses of Willis’ strategy:Georgia’s sweeping RICO lawGeorgia’s version of a RICO law – which stands for Racketeer Influenced and Corrupt Organizations Act – is broader than the federal counterpart. Additionally, there is not much appellate case law around the state’s RICO statute, criminal defense attorneys in Georgia told CNN. There stands to be a significant overlap in evidence – including with testimony from some of the same witnesses – in the federal and Georgia cases.

Persons: Donald Trump, Fani Willis –, “, ”, Ashleigh Merchant, CNN Willis, Trump, Willis, Racketeer, Sandy Wallack, that’s, Trump's, Andrew Fleischman, Willis ’, ” Fleischman, Feedback Giuliani, he's, Mark Meadows, Steve Vladeck, Scott McAfee, –, ” Merchant, Jack Smith, Jack Smith’s, Smith, Trump’s, Clark Cunningham, ” Cunningham, It’s Organizations: CNN, Trump, Trump White House, state’s, Georgia, White House, CNN Supreme, University of Texas School of Law, Appeals, Georgia State University Locations: Fulton County, Atlanta, Georgia, Coffee County

☆ What is RICO, the law at the heart of Trump’s Georgia criminal case?
▼ + stars: | 2023-08-15 | by ( Devan Cole | ) edition.cnn.com time to read: +6 min

The state law – which is commonly referred to as RICO – is similar to the federal version of the statue that targets so-called criminal enterprises. RELATED: Former President Donald Trump’s fourth indictment, annotated“Federal RICO is a very big deal. Georgia RICO is a different animal. “The point is, it’s used very aggressively there.”For Fulton County District Attorney Fani Willis, the law has been her calling card. Like the others, Giuliani is also charged under the Georgia RICO law.

Persons: Donald Trump, Donald Trump’s, it’s, ”, Kenneth White, Fani Willis, she’s, Young, ” Willis, “, Trump, Willis, Andrew Fleischman, Rudy Giuliani, Giuliani, ” Giuliani, CNN Willis, RICO Willis, Young Thug, Gang, Fulton Organizations: Washington CNN, Peach State, District of Columbia, Prosecutors, Trump, Georgia House, Senate, Southern, of, New York Times, CNN, CNN Willis ’, Atlanta Public School Locations: Georgia, Fulton County, Atlanta, Peach, Fulton County , Georgia, State of Georgia, Arizona , Michigan, Nevada , New Mexico , Pennsylvania, Wisconsin, District, Pennsylvania , Michigan, Arizona, Wisconsin , Arizona, of New York, Washington

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