August 14, 2023 - Trump indicted in Georgia election probe by Fulton County grand jury | CNN Politics

August 14, 2023 - Trump indicted in Georgia 2020 election subversion probe

ERIE, PENNSYLVANIA - JULY 29: Former U.S. President Donald Trump speaks to supporters during a political rally while campaigning for the GOP nomination in the 2024 election at Erie Insurance Arena on July 29, 2023 in Erie, Pennsylvania. (Photo by Jeff Swensen/Getty Images)
Legal analyst: RICO charge puts Trump at odds with his counsel
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Analysis: Trump’s latest indictment edges the US nearer to an election precipice

The most astonishing aspect of former President Donald Trump’s fourth criminal indictment is not the scale of an alleged multi-layered conspiracy to steal Georgia’s electoral votes in 2020 from their rightful winner.

It is that Trump – the accused kingpin of the scheme to overturn Joe Biden’s victory, who was charged on Monday along with 18 others – could in 17 months be raising his right hand as the 47th president and swearing to preserve, protect and defend the Constitution he was accused of plotting to shred.

The grave political crisis created by Trump’s aberrant presidency and subsequent efforts to hold him to account deepened significantly just before midnight with the unsealing of yet another indictment against him – this one from a grand jury in the critical swing state of Georgia.

The charges in this state case – which bring to 91 the total number of criminal charges he’s facing across four separate cases – intensified an already epochal collision between Trump’s now extreme legal quagmire and the 2024 election in which he is the front-runner for the Republican nomination.

Read the full analysis here:

Former President Donald Trump speaks at the 56th annual Silver Elephant Gala in Columbia, S.C., Saturday, Aug. 5, 2023.

Related article Trump's fourth indictment moves America closer to an election precipice | CNN Politics

Rudy Giuliani says Georgia indictment is "an affront to American democracy"

Rudy Giuliani, former lawyer to Donald Trump, arrives at federal court in Washington, DC, on Friday, May 19, 2023.

Donald Trump’s former attorney Rudy Giuliani on Monday claimed Georgia’s indictment against him and the ex-President were “an affront to American democracy.”

Giuliani is charged with 13 counts in the 2020 election subversion case, more than any other defendant other than Trump.

“This is an affront to American Democracy and does permanent, irrevocable harm to our justice system. It’s just the next chapter in a book of lies with the purpose of framing President Donald Trump and anyone willing to take on the ruling regime,” Giuliani claimed in a statement.

Giuliani is charged with a RICO violation — the racketeering conspiracy that formed the basis of the indictment — and several additional felonies, including soliciting Georgia state lawmakers, making false statements to the Georgia House and Senate and the effort to put forward fake electors in Georgia.

Remember: This indictment is the fourth case filed against Trump this year. The former president, who is the current GOP 2024 frontrunner, denies any wrongdoing. In an interview with Fox News Digital late Monday, Trump claimed the charges filed against him in Georgia were “politically inspired.”

Trump claims Georgia indictment is "politically inspired"

Former President Donald Trump speaks at a fundraiser event for the Alabama GOP on August 4, 2023, in Montgomery, Alabama.

Former President Donald Trump claimed in an interview with Fox News Digital late Monday that the charges filed against him in Georgia are “politically inspired.”

Georgia prosecutors say Trump and 18 others including his lawyers, John Eastman and Rudy Giuliani, as well as former White House chief of staff Mark Meadows “joined a conspiracy to unlawfully change the outcome” of the 2020 election.

Trump said Fulton County District Attorney Fani Willis “should focus on the people that rigged the 2020 presidential election, not those who demand an answer as to what happened.” 

This is the fourth indictment Trump is facing. The former president, who is the current GOP 2024 frontrunner, has already been charged in three separate cases this year. He denies any wrongdoing in all the cases and says they are politically motivated.

Could Donald Trump serve as US president if he were convicted?

Former President and Republican presidential candidate Donald Trump attends a campaign event in Council Bluffs, Iowa, on July 7.

Donald Trump for the second time this month has been indicted on charges related to 2020 election subversion, this time in the state of Georgia — a stunning fourth time this year that the former president has faced criminal charges.

But could the former president, who remains the front-runner for the 2024 Republican presidential nomination, assume the Oval Office again if convicted of the alleged crimes? In short, yes.

University of California, Los Angeles law professor Richard L. Hasen — one of the country’s leading experts on election law — said Trump still has a path to the presidency should he win reelection in 2024.

“The Constitution has very few requirements to serve as President, such as being at least 35 years of age. It does not bar anyone indicted, or convicted, or even serving jail time, from running as president and winning the presidency,” he said in an email to CNN earlier this month.

Legal experts have pointed to the 14th Amendment as a way to keep Trump from holding office if he is convicted, which includes a “disqualification clause” that bars anyone from holding public office if they “have engaged in insurrection or rebellion” or “given aid or comfort to the enemies thereof.”

Read other questions.

Trump illegally solicited Georgia secretary of state to "alter" state's election results, indictment alleges

Georgia Secretary of State Brad Raffensperger holds a press conference on the status of ballot counting on November 6, 2020 in Atlanta, Georgia.

The indictment charges former President Donald Trump with “unlawfully soliciting” Georgia Secretary of State Brad Raffensperger to violate his oath of office during their now-infamous January 2, 2021, call in which Trump asked Raffensperger to help him flip Georgia’s results in the 2020 election.

Trump and his then-Chief of Staff Mark Meadows – who was also on the call and charged in the indictment – are accused of unlawfully soliciting, requesting and importuning Raffensperger in his capacity as a public officer, according to the indictment.

Trump is also charged with knowingly making false statements to Raffensperger during that call.

The indictment lists 13 false statements Trump “knowingly, willfully and unlawfully” made on the January 2 call, including “that close to 5,000 dead people voted in the November 3, 2020, presidential election in Georgia.”

The indictment echoes an accusation made by Justice Department special counsel Jack Smith in his earlier federal indictment of Trump, in which Smith’s office claimed Trump lied to Raffensperger during the call while trying to enlist the official’s support.

The indictment also cites a letter Trump wrote to Raffensperger months after leaving office, dated September 17, 2021 – in which Trump asked him to de-certify the 2020 election results – as another example of a knowingly-false statement Trump made to Georgia’s chief election officer.

 Raffensperger testified before the special grand jury in Fulton County in June 2022.

Trump is now facing 91 criminal charges in 4 criminal cases

The indictment in Georgia against former President Donald Trump is photographed on Monday, Aug. 14, 2023.

Former President Donald Trump has been charged with 91 crimes in four criminal cases, in four different jurisdictions. 

The new indictment returned Monday by the Fulton County grand jury accuses Trump of 13 crimes. 

The Atlanta-based prosecution is one of four criminal cases Trump is facing – two federal, and two state cases. 

In the New York case brought by Manhattan prosecutors, Trump has been charged with 34 counts stemming from the alleged 2016 campaign hush money scheme.  

Trump faces 40 charges in special counsel Jack Smith’s Mar-a-Lago documents case, after a superseding indictment was unveiled last month. 

Smith’s separate federal election subversion case against Trump levied four criminal charges against the former president.

Overview of the cases

  • Manhattan prosecutors’ hush-money case: 34 counts against Trump
  • DOJ special counsel’s classified documents case: 40 counts against Trump
  • DOJ special counsel’s election subversion case: 4 counts against Trump
  • Atlanta prosecutors’ Georgia election meddling case: 13 counts against Trump

Intimidation of Georgia election worker is a key element of the Fulton County conspiracy case

Fulton County prosecutors have built a key element of their racketeering conspiracy case on several defendants’ alleged efforts to “intimidate’ and “harass” Ruby Freeman, the former Georgia election worker whose emotional congressional testimony formed the basis of one of the House January 6 investigating committee’s most memorable hearings last summer.

Several defendants charged in the indictment’s RICO conspiracy count “falsely accused Fulton County election worker Ruby Freeman of committing election crimes in Fulton County, Georgia,” the indictment reads.

Additionally, one of the false statement charges brought against Trump attorney Rudy Giuliani stems from his December 2020 statement that Freeman, her daughter, fellow election worker Shaye Moss and another individual were “surreptitiously passing around USB ports as if they’re vials of heroin or cocaine” while at a Georgia election site.

Moss testified to US lawmakers last summer that she was not being passed a USB drive, but rather her mother was passing her a ginger mint.

Lawmakers react to the Georgia election interference indictment

Rep. Elise Stefanik waits for an address by Indian Prime Minister Narendra Modi during a joint meeting of Congress at the U.S. Capitol on June 22, 2023 in Washington, DC. 

Reactions from Democratic and Republican lawmakers have rolled in since former President Donald Trump and 18 other defendants were indicted in Fulton County, Georgia, on Monday.

Here’s what some of the top lawmakers have had to say:

Senate Majority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries, both Democrats, said in a joint statement that the indictment “portrays a repeated pattern of criminal activity.”

Republican House Speaker Kevin McCarthy said President Joe Biden has “weaponized government” against Trump.

Republican Congressman Jim Jordan the House Judiciary Committee chairman and a top Trump ally on Capitol Hill — defended Trump in a tweet Monday night.

House Republican Conference Chair Elise Stefanik slammed the indictment moments after it was unsealed.

CNN’s Lauren Fox, Alayna Treene and Morgan Rimmer contributed to this report.

Giuliani faces 13 charges, more than any other defendant except Trump

Rudy Giuliani walks to a senate hearing at the Georgia State Capitol in Atlanta on Thursday, December 3, 2020.

Donald Trump’s former lawyer Rudy Giuliani is in the middle of many of the episodes that form the basis of the sweeping indictment against the former president and 18 other defendants unsealed on Monday.

Giuliani is charged with 13 counts in the indictment, more than any other defendant other than Trump, who also faces 13 charges.

Giuliani is charged with a RICO violation — the racketeering conspiracy that formed the basis of the indictment — as well as several additional felonies, including soliciting Georgia state lawmakers, making false statements to the Georgia House and Senate and the effort to put forward fake electors in Georgia.

Giuliani was also listed as a co-conspirator in special counsel Jack Smith’s federal indictment of Trump for efforts to overturn the 2020 election. 

The Fulton County indictment points to Giuliani’s testimony in Georgia after the 2020 election, in which he made false claims about election fraud in Georgia. Prosecutors also list Giuliani’s outreach to officials in other states, including lawmakers in Pennsylvania, Michigan and Arizona, where they allege he made more false claims of election fraud and tried to solicit them to appoint fake electors.

Among the calls cited were to Arizona House Speaker Rusty Bowers, a key witness in the January 6 hearings. 

Indictment zeroes in on Trump supporters who breached voting system in Coffee County, Georgia

Sidney Powell, Misty Hampton, Cathy Latham, and Scott Hall.

Several of former President Donald Trump’s co-defendants in the Fulton County indictment are facing charges in connection with the breach of a voting system in a rural Georgia county that took place after the 2020 election.  

CNN has previously reported that multiple of the newly-indicted co-defendants helped orchestrate and carry out the breach in Coffee County. 

 The indictment alleged that several Trump allies committed specific crimes related to their involvement in the Coffee County breach, as well as allegedly lying about their roles. Those charges include computer trespassing, perjury, conspiracy to commit election fraud and conspiracy to commit computer theft, the indictment states. 

The people charged in connection with the Coffee County breach are:

  • Sidney Powell, a former Trump attorney
  • Misty Hampton, a former elections supervisor for Coffee County
  • Cathy Latham, a former local GOP official in Coffee County
  • Scott Hall, a pro-Trump poll watcher and bail bondsman in Georgia

The indictment echoes previous CNN reporting about Powell’s alleged role in the breach, including that she contracted a cyber-forensics firm to examine and copy voting systems in Coffee County without the proper authorization to do so.

Latham and Hampton both face charges for allegedly helping facilitate the breach, according to the indictment. Latham also faces perjury charges for lying about her involvement in the Coffee County breach during a deposition conducted as part of a long-running civil lawsuit related to election security in Georgia.

Hall’s role in the breach was similarly exposed during that civil lawsuit, initially by a phone recording where he acknowledges his involvement. 

The civil lawsuit, brought several years ago against Georgia Secretary of State Brad Raffensperger by a coalition of election security advocates, is cited throughout the indictment as a key source of evidence prosecutors used to bring criminal charges against those Trump allies involved. 

CNN has previously reported that surveillance video, text messages and other communications unearthed during this civil case provided essential evidence for prosecutors investigating efforts by Trump and his allies to overturn the 2020 election results in Georgia. 

As recently as Sunday, CNN reported that Atlanta-area prosecutors investigating efforts to overturn the 2020 election results in Georgia were in possession of text messages and emails directly connecting members of Trump’s legal team to the early January 2021 voting system breach in Coffee County.

Trump attorneys describe grand jury presentation as "shocking and absurd"

Attorneys for former President Donald Trump released a statement calling the grand jury presentation “one sided” and Monday’s events “shocking and absurd.”

“We look forward to a detailed review of this indictment which is undoubtedly just as flawed and unconstitutional as this entire process has been,” Trump attorneys Drew Findling, Jennifer Little and Marissa Goldberg wrote in the statement.

Full statement below:

Beyond Trump, Mark Meadows is the highest-ranking White House official charged in the indictment

White House Chief of Staff Mark Meadows speaks to the press in Statuary Hall at the Capitol on August 22, 2020 in Washington, DC. 

Former White House Chief of Staff Mark Meadows was among the defendants indicted by Fulton County District Attorney Fani Willis Monday for their role in helping former President Donald Trump try to overturn the 2020 election. 

Beyond Trump himself, Meadows is the highest-ranking White House official to be charged in the Georgia indictment.

Meadows was notably absent among the six Trump co-conspirators named in an earlier indictment stemming from special counsel Jack Smith’s election interference probe. 

The former chief of staff was ordered by a South Carolina judge to testify before the Georgia special grand jury. But a juror said earlier this year that Meadows declined to answer questions, invoking his Fifth Amendment rights against self-incrimination as well as other privileges.

Meadows did testify to the special counsel grand jury in Washington.

Prosecutors allege Meadows furthered the conspiracy to try to overturn the 2020 election.

Meadows – like all 19 defendants – is charged in the indictment with a violation of Georgia’s RICO law. Meadows is also charged with solicitation of the violation of oath of office by a public officer over Trump’s January 2, 2021, phone call with Georgia Secretary of State Brad Raffensperger, when Trump asked him to “find” the votes he needed to win Georgia. Meadows was one of the White House officials on the call. 

The indictment also describes Meadows’ attempt to enter into the space in Cobb County, Georgia, where 2020 election signatures were being audited, as well as a text message Meadows sent to the Georgia secretary of state’s chief investigator that stated, “Is there a way to speed up Fulton county signature verification in order to have results before Jan 6 if the trump campaign assist financially.” 

CNN has reached out to an attorney for Meadows for comment.

Fulton County district attorney says her office will propose Trump election trial to happen within the next 6 months

Fulton County District Attorney Fani Willis enteres a room in the Fulton County Government Center ahead of a news conference, Monday, Aug. 14, 2023, in Atlanta.

Fulton County District Attorney Fani Willis told reporters that it will be up to a judge to set the date of the trial in the Georgia 2020 election interference case.

“This office will be submitting a proposed scheduling order within this week. However, that will totally be at the discretion of the judge,” Willis said.

She said they wanted to “move this case along” and will propose a trial date within the next six months. She said she did not have a desire that Georgia be the first or last trial that former President Donald Trump faces.

“I want to try him and be respectful of our sovereign states. We do want to move this case along, and so we will be asking for a proposed order that occurs, a trial date within the next six months,” she told reporters.

Fulton County DA said she intends to try all 19 defendants together

Fulton County District Attorney Fani Willis speaks during a news conference at the Fulton County Government building on August 14, 2023 in Atlanta, Georgia.

Fulton County District Attorney Fani Willis said she intends to try all 19 defendants in the indictment together.

When asked by CNN during Monday night’s news conference if she will try the defendants together, Willis replied, “Yes.”

Willis did not elaborate further, but did say each of the 19 people named in the indictment were charged with one count of “violating Georgia’s Racketeer, Influenced and Corrupt Organizations Act through participation in a criminal enterprise in Fulton County, Georgia, and elsewhere, to accomplish the illegal goal of allowing Donald J. Trump to seize the presidential term of office beginning on January 20, 2021.”

Watch:

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00:20 - Source: CNN

Defendants have until noon on August 25 to "voluntarily surrender," Fulton County DA says

Fulton County District Attorney Fani Willis speaks during a news conference at the Fulton County Government building on August 14, 2023 in Atlanta, Georgia.

Fulton County District Attorney Fani Willis announced Monday that the 19 defendants listed in the 2020 election subversion case indictment have until noon on August 25, to “voluntarily surrender.”

NOW: Fulton County district attorney holds news conference after Trump election case indictment is unsealed 

Fulton County District Attorney Fani Willis speaks after the indictment.

Fulton County District Attorney Fani Willis is speaking after the indictment in the Donald Trump 2020 election subversion case in Georgia was unsealed.

What we know so far: An Atlanta-based grand jury has indicted Trump and 18 others on state charges stemming from their efforts to overturn the former president’s 2020 electoral defeat.

The historic indictment is the fourth criminal case that Trump is facing.

Trump and others “joined a conspiracy to unlawfully change the outcome” of the election, according to the indictment.

Willis, a Democrat, launched the probe in early 2021 and has investigated Trump’s attempts to pressure Georgia officials into interfering with the vote tally, the “fake electors” scheme to subvert the Electoral College and other efforts to undo the will of the voters.

Fulton County Superior Court Judge Scott McAfee is assigned to Trump case

Fulton County Superior Court Judge Scott McAfee, who is listed at the top of indictment, has been assigned to oversee the case against former President Donald Trump and his co-defendants.

His official biography on the Fulton County court website says, “Judge McAfee joined the bench of Superior Court of Fulton County in February of 2023. He received his JD from the University of Georgia School of Law and a BA from Emory University.”

Trump is facing 13 charges in the Georgia indictment

Former President Donald Trump is charged with 13 counts in the Fulton County indictment, including a racketeering charge for allegedly attempting to unlawfully change the outcome of the election in Georgia in 2020.

The list of 13 charges also includes additional counts for allegedly making false statements to and soliciting the Georgia house speaker and the Georgia secretary of state to violate their oaths of office in December 2020 and January 2021.

Trump is charged with six counts for conspiring with several others around his campaign for the use of fake electors in Georgia.

Another charge relates to Trump and lawyer John Eastman allegedly filing false documents in a federal court case in Georgia that asserted thousands of people had voted illegally, even though that was not true.

The former president has denied any wrongdoing.

Prosecutors allege Trump and defendants engaged in "criminal enterprise" with 30 unindicted co-conspirators

The indictment in Georgia against former President Donald Trump is photographed Monday, Aug. 14, 2023.

The 41-count indictment unsealed Monday in Georgia said former President Donald Trump and the other 18 defendants “unlawfully conspired and endeavored to conduct and participate in a criminal enterprise” after Trump lost the election in Georgia.

The charges include False Statements and Solicitation of State Legislatures, high-ranking state officials, the creation and distribution of false electoral college documents, the harassment of election workers, the solicitation of Justice Department officials, the solicitation of then-Vice President Mike Pence, the unlawful breach of election equipment, and acts of obstruction. 

“Trump and the other Defendants charged in this Indictment refused to accept that Trump lost, and they knowingly and willfully joined a conspiracy to unlawfully change the outcome of the election in favor of Trump,” the indictment states. “That conspiracy contained a common plan and purpose to commit two or more acts of racketeering activity in Fulton County, Georgia, elsewhere in the State of Georgia, and in other states.”

The indictment also included an additional 30 unindicted co-conspirators in addition to the charged defendants.

Prosecutors alleged that the enterprise “engaged in various related criminal activities including, but not limited to, false statements and writings, impersonating a public officer, forgery, filing false documents, influencing witnesses, computer theft, computer trespass, computer invasion of privacy, conspiracy to defraud the state, acts involving theft, and perjury.”

READ MORE

What to know about the Georgia probe into Trump’s 2020 election subversion
Who is Judge Robert McBurney, a key figure in the Georgia Trump investigation?
Atlanta-area prosecutor expected to seek more than a dozen indictments in Trump case
Who is Fani Willis, the Atlanta prosecutor expected to seek charges over Trump’s 2020 election subversion bid?
Exclusive: Georgia prosecutors have messages showing Trump’s team is behind voting system breach
Fulton County district attorney is likely to present her case against Trump to grand jury next week

READ MORE

What to know about the Georgia probe into Trump’s 2020 election subversion
Who is Judge Robert McBurney, a key figure in the Georgia Trump investigation?
Atlanta-area prosecutor expected to seek more than a dozen indictments in Trump case
Who is Fani Willis, the Atlanta prosecutor expected to seek charges over Trump’s 2020 election subversion bid?
Exclusive: Georgia prosecutors have messages showing Trump’s team is behind voting system breach
Fulton County district attorney is likely to present her case against Trump to grand jury next week