Justice Served: Fani Willis Pursues Criminal Charges Against Donald Trump

Opinion: Why the Fani Willis Prosecution of Donald Trump Is Indispensable

An Ingenious Prosecution Strategy

Fulton County District Attorney Fani Willis has filed criminal charges against former President Donald Trump and over a dozen of his allies for their attempt to overturn Georgia’s 2020 presidential election results. This prosecution stands out for its ingenious strategy that includes charges against a wide range of conspirators, from the Oval Office to low-level Georgia G.O.P. functionaries. Unlike the federal indictment led by Special Counsel Jack Smith, Willis’ case delves into the full depths of the conspiracy through a state-focused lens. This comprehensive approach ensures transparency and accountability, as Georgia law prohibits immediate pardons for state crimes.

Unique Evidence and State Criminal Statutes

Georgia offers uniquely compelling evidence of election interference and has a set of state criminal statutes tailor-made for the wrongdoing accused against Trump and his co-conspirators. The 98-page indictment contains 19 defendants and 41 counts, including Georgia election crimes such as solicitation of violation of oath by public officer and state offenses like forgery and conspiracy to commit forgery. It covers a complete chain of command within the conspiracy and features high-profile figures like Trump, his lawyer Rudy Giuliani, and his chief of staff Mark Meadows. Willis ties them all together by invoking the state’s Racketeer Influenced and Corrupt Organization Act (RICO), labeling Trump and his co-conspirators as a criminal gang.

The Power of RICO and Georgia’s Robust RICO Statute

The use of RICO charges by Willis is significant. RICO provides stiffer penalties and broader legal advantages by bringing multiple loosely connected conspiracies under one umbrella. Georgia has one of the most expansive RICO statutes in the country, enacted specifically to apply to interrelated patterns of criminal activity. The statute allows prosecutors to charge individuals who may not have known about each other’s existence, as long as they are part of the overarching criminal enterprise. In this case, RICO is applied to violations of both federal crimes and over 40 charges specific to Georgia.

The Four Core Schemes and Subsequent Charges

The indictment outlines four core schemes employed by the conspirators. The first scheme involved pressuring government officials to secure Georgia’s electoral votes for Trump, even though he lost the election. The evidence includes Trump’s infamous demand to Georgia’s secretary of state to “find 11,780 votes,” as well as efforts by Giuliani, Meadows, and others to pressure state legislators and intimidate ballot counters.

The second scheme focuses on false proclamations that Trump won in Georgia. Willis alleges that Trump personally participated in this effort, organizing fake slates of electors, including in Georgia. The indictment provides details of various activities within and outside Georgia related to this scheme.

The third scheme is the alleged unlawful accessing of voting machines in Coffee County, where Sidney Powell and other Trump campaign allies conspired to illegally access voting equipment. This aspect of the case, neglected in the federal indictment, highlights discussions of the plan that allegedly took place in the Oval Office.

The fourth and final scheme involves obstruction and cover-up, with members of the conspiracy filing false documents, making false statements, and committing perjury to impede the investigation.

Legal Challenges and the Power of Television

Trump has already started defending himself by attempting to disqualify Willis and her special grand jury based on alleged conflicts and grievances, although Georgia courts have rejected these arguments. Trump may employ similar defenses that have been scrutinized in other pending criminal cases, including removal to federal court and First Amendment and intent defenses. However, Willis powerfully argues that the unifying objective of wrongfully seizing Georgia’s electoral votes underpins the charges.

One unique aspect of the Georgia case is that it will likely be broadcast on television. While federal trials are not typically televised, Georgia law allows for court proceedings to be broadcast, considering “open courtrooms” essential for an effective and respected judicial system. This televised trial will provide the public with a firsthand experience, showcasing the power of witnessing these events and serving as a lesson in the rule of law.

Protection Against Pardons and Accountability

An important advantage of the Georgia case is that it is shielded from Trump’s potential pardon, as a president’s power to pardon federal offenses does not extend to state crimes. Georgia’s pardoning process involves the State Board of Pardons and Paroles, which cannot grant pardons until five years after the completion of all sentences. Therefore, the indictment from Willis complements the federal case, ensuring a comprehensive and accountable legal response to those who undermined democracy in Georgia.

Norman Eisen is a co-author of “Fulton County, Georgia’s Trump Investigation,” a Brookings report on the Fulton County district attorney’s investigation. He 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.