By Steve BermanEven Donald Trump knew that his greatest legal threat would come from Atlanta. “Billion Dollar Lawyer” Drew Findling leads the Trump legal team in Fulton County, which will be fighting the indictments handed down by District Attorney Fani Willis late last night. All in all, 19 alleged conspirators were charged as part of a wide-ranging case that tells a tale of a “criminal enterprise” led by the then-sitting President of the United States and his personal lawyer, Rudy Giuliani.
All the events and facts cited in the 100-page indictment have played out over the two-plus years since Trump’s phone call with Georgia Secretary of State Brad Raffensperger. In that call, Trump (who we know is not a lawyer) alleged that massive ballot harvesting occurred in Fulton County. After repeatedly arguing with Raffensperger, Trump said this:
And you are going to find that they are — which is totally illegal — it is more illegal for you than it is for them because, you know, what they did and you’re not reporting it. That’s a criminal, that’s a criminal offense. And you can’t let that happen. That’s a big risk to you and to Ryan, your lawyer. And that’s a big risk. But they are shredding ballots, in my opinion, based on what I’ve heard. And they are removing machinery, and they’re moving it as fast as they can, both of which are criminal finds. And you can’t let it happen, and you are letting it happen. You know, I mean, I’m notifying you that you’re letting it happen. So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have because we won the state.
Then, after some more arguing, this:
You just say, you stick by, I mean I’ve been watching you, you know, you don’t care about anything. “Your numbers are right.” But your numbers aren’t right. They’re really wrong, and they’re really wrong, Brad. And I know this phone call is going nowhere other than, other than ultimately, you know — Look, ultimately, I win, okay? Because you guys are so wrong. And you treated this. You treated the population of Georgia so badly. You, between you and your governor, who is down at 21, he was down 21 points. And like a schmuck, I endorsed him, and he got elected, but I will tell you, he is a disaster.
The people are so angry in Georgia, I can’t imagine he’s ever getting elected again, I’ll tell you that much right now. But why wouldn’t you want to find the right answer, Brad, instead of keep saying that the numbers are right? ’Cause those numbers are so wrong?
Well, Brad Raffensperger did get elected again. And Trump’s numbers are wrong, while the state’s official numbers were right. Back to the call, in which Mark Meadows said:
For example, Mr. Secretary, I can you say they were only two dead people who would vote. I can promise you there are more than that. And that may be what your investigation shows, but I can promise you there are more than that.
There were only two dead voters. That call was made on January 2, 2021, just four days before the Capitol riot where the memo by John Eastman was supposed to have Vice President Mike Pence suspend counting electoral votes and throw the election to the House of Representatives. Trump seemed desperate to have any official in Georgia take his side, so he could have something—any stipulated fact—to move to invalidate the 2020 election.
Mark Meadows is on the Fulton indictment, along with Rudy Giuliani, John Eastman, Sidney Powell, and Kenneth Chesebro, all lawyers who participated in a scheme to use Georgia to overturn the results of the 2020 election. This indictment dovetails with the federal case that alleges a conspiracy to defraud the United States.
Willis has done her homework, mostly by expanding the list of members of what she called a “criminal organization” to include Trump allies like Stephen Cliffgard Lee, who is alleged to have tried to strongarm Fulton County election worker Ruby Freeman into changing her testimony by traveling to her home.
She stopped short of indicting the entire Republican Party. Maybe she should have taken that step.
Here’s some legal language from another source.
Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.
The official position of defendants, whether as Heads of State or responsible officials in Government Departments, shall not be considered as freeing them from responsibility or mitigating punishment.
The fact that the Defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be considered in mitigation of punishment if…justice so requires.
Care to guess where that came from? Let me give you a hint.
After World War II, Joseph Stalin wanted to conduct show trials for German leaders. Winston Churchill proposed that any member of the offending political party above the rank of captain should be summarily shot. But the United States won the argument, that everyone be given a fair trial, with the right to hear and plead to their charges, to cross-examine witnesses, and to present evidence in their favor through representation by an attorney.
The text above is excerpted from the Charter of the International Military Tribunalestablished by agreement of the Allies at Nuremberg.
Now, I am not trying to compare what Trump did to Nazis or genocide. But the principles involved are relevant. When the head of the government itself enlists a criminal cadre to illegally pursue power, leading to the death of innocent people, and nearly creating a crisis that would challenge the peaceful transition of power that America has enjoyed for over 200 years, how should the nation respond?
It doesn’t matter if Trump is still the headliner of the Republican Party, and it does not matter if he becomes the nominee. He and his cadre must have their day in court. They must be made to answer the charges, cross-examine witnesses, and present evidence in their favor through representation by an attorney.
Trump has retained the best legal representation his campaign coffers can buy. Some of his crew may go to prison. Trump’s legal team will seek to delay his trial, to move it to a different (more friendly) venue, and to disqualify the prosecution team because of the political nature of the alleged crimes. But that’s the whole problem. If politics demands that Trump is untouchable by Republicans, then who is left to do the right thing but Democrats?
Fani Willis may as well have indicted the entire Republican Party as co-conspirators to Trump’s “criminal organization.” I don’t know if a jury will convict Trump himself, but the trial is important. Without this trial, the country can’t really move on. It will be the most must-see-tv in history, and that’s exactly as it should be.
The worst thing we can do is to stop it.
Follow Steve on Twitter @stevengberman.
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