GA - Former President Donald Trump indicted, 10 counts in 2020 election interference, violation of RICO Act, 14 Aug 2023 #2

[Vern]

Sigh. And yet, there is criteria:

Section 15-18-32 - Prosecuting Attorneys Qualifications Commission; authority; membership; ex parte communications; governance; disciplinary actions; confidentiality; privileged nature, Ga. Code § 15-18-32 | Casetext Search + Citator

Read Section 15-18-32 - Prosecuting Attorneys Qualifications Commission; authority; membership; ex parte communications; governance; disciplinary actions; confidentiality; privileged nature, Ga. Code § 15-18-32, see flags on bad law, and search Casetext’s comprehensive legal database

casetext.com

(g) The commission, ...

When a commission member receives information relating to the conduct of a district attorney or solicitor-general, such member shall provide such information to the commission's director for appropriate action.

(h) The following shall be grounds for discipline of a district attorney or solicitor-general or for his or her removal or involuntary retirement from office:

(1) Mental or physical incapacity interfering with the performance of his or her duties which is, or is likely to become, permanent;
(2) Willful misconduct in office;
(3) With respect to district attorneys, willful and persistent failure to carry out duties pursuant to Code Section 15-18-6;
(4) With respect to solicitors-general, willful and persistent failure to carry out duties pursuant to Code Section 15-18-66;
(5) Conviction of a crime involving moral turpitude;
(6) Conduct prejudicial to the administration of justice which brings the office into disrepute; or
(7) Knowingly authorizing or permitting an assistant district attorney or assistant solicitor-general to commit any act constituting grounds for removal under paragraphs (1) through (6) of this subsection.

Oh, and here's a good bit also in the Act:

(n) The commission shall commence by July 1, 2023, and the rules and regulations promulgated by such commission shall be established no later than October 1, 2023. No complaint shall be filed before October 1, 2023. The commission shall not receive complaint submissions regarding misconduct in office that occurred prior to the effective date of this Code section, unless such alleged misconduct is related to a continuous pattern of conduct that continues beyond that date.

Added by 2023 Ga. Laws 349,§ 2, eff. 5/5/2023.

Her rebuke by the Judge predates the 5 May 23 effective date as it occured in 2022.

 

[Leilei]

Sigh. And yet, there is criteria:

Section 15-18-32 - Prosecuting Attorneys Qualifications Commission; authority; membership; ex parte communications; governance; disciplinary actions; confidentiality; privileged nature, Ga. Code § 15-18-32 | Casetext Search + Citator

Read Section 15-18-32 - Prosecuting Attorneys Qualifications Commission; authority; membership; ex parte communications; governance; disciplinary actions; confidentiality; privileged nature, Ga. Code § 15-18-32, see flags on bad law, and search Casetext’s comprehensive legal database

casetext.com

Oh, and here's a good bit also in the Act:



Her rebuke by the Judge predates the 5 May 23 effective date as it occured in 2022.

Great, factual information, as always, Vern.
Was reading it prior to running an errand and thought "which of the criteria would actually fit here?".
I just don't see it having a chance as far as DA Willis is concerned. They will most certainly try, but succeed? Nah. IMO.

 

[Arkay]

From my perspective, I see conflicting emotions in Trump’s mug shot.

I think he’s trying to embody his threat, “if you’re going after me, I’m coming after you!”

I feel that he also looks terrified that this time, he may not be able to slither out of trouble as he’s done for 77 years.

Plus, IMO I see an angry toddler that wants to get his way. Someone give this guy a pacifier! (Or as some of you say, a binky or dummy)!

IMO Trump is as determined as Putin to exterminate his enemies, but with political assassinations rather than actual ones.

JMO

 

[Auntie Cipation]

There are consequences when politicians--especially prosecutors--decide politics are their priority.

I am curious how you think a DA not afflicted by "political priorities" *ought* to respond when presented with evidence of criminal activity by politicians?

Should she have declined to investigate? Declined to indict even in the face of strong evidence? Wouldn't that be a failure to do her job?

Serious question on my part.

 

[JerseyGirl]

Harrison Floyd fundraiser hits $220k as Trump co-defendant remains in jail

Floyd is the only one of Trump's 18 Georgia co-defendants to have been denied bail after a judge deemed him to be a flight risk.

www.newsweek.com

A fundraiser for Harrison Floyd, the only one of Donald Trump's 18 co-defendants in the Georgia election fraud case to be denied bail, has raised over $115,000 to pay for his legal team.

 

[waldojabba]

BBM. Please stop referring to me as "a Trump apologist." I didn't vote for him. My interest is in the rule of law.

I have no respect for politicians like Willis who abuse their office and our judicial system for political reasons and to fund-raise from it. I agree with Judge McBurney who ruled against Willis. Optics do matter. Willis announced her re-election campaign and established a website to raise money for her campaign a few days before she indicted 19 Republicans.

JMO

Misuse of Position and Government Resources

www.justice.gov

From @MyBelle post
BBM "My interest is in the rule of law"

IMO Respectfully many people through out these threads have pointed out the rule of law in realtion to these indictments. What does optics have to do with the rule of law?

IMO Optics are simply how things appear to certain people and in no way indicate the reality of the situation.

Basically as I understand it you say the indictments are politically motivated by Fani. You have pointed to Fani Willis holding a democrat fundraiser and annoucing her re-election just before the grand jury handed down the indictments for 19 republicans.

I don't see a connection to the grand jury's decision and the grand jury's timing and Fanni's action's. Fanni did not make the decision to indict and did not control the timing. Plus she was never a "secret" democrat so the fact she held a democrat fundraiser is within the normal course of business - and she also has a right to announce her reelection. If Fanni announced her re election and did the fund raiser after the indictment - there still would have been an "Optics" problem. Maybe its because people don't like Fanni ( kind of like they just don't like Hillary ) ? Or is there another reason I am missing not being local to Georgia?

Politics are increasingly viewed though a partisan lens imo - the rule of law to me means despite your affiliation you administer the law to both parties equally imo. So whether FW was handing down indictments to democrats or republicans etc should not even matter.

IMO Let's make no mistake - whether people feel the optics were good / whetherpeople feel the optics were bad re Fani's events, the optics had no impact on the rule of law. The charges were decided and handed down by the grand jury not FW.

Now its up to the jury to do their job impartially under the rule of law. If indeed this is all a "witch hunt" aka "politically motivated" I trust the jury will be able to cipher that out and separate fact from fiction. On that I think we can all agree

ALL JMO

 

[mister happy]

From my perspective, I see conflicting emotions in Trump’s mug shot.

I think he’s trying to embody his threat, “if you’re going after me, I’m coming after you!”

I feel that he also looks terrified that this time, he may not be able to slither out of trouble as he’s done for 77 years.

Plus, IMO I see an angry toddler that wants to get his way. Someone give this guy a pacifier! (Or as some of you say, a binky or dummy)!

IMO Trump is as determined as Putin to exterminate his enemies, but with political assassinations rather than actual ones.

JMO

I have wonder if Trump practiced his mug shot "look" at home, in front of the mirror. Maybe even having someone (Don Jr.?) coach him to get the effect he wanted. Also, his hair looks much lighter in the mug shot. Did he dye it? Perhaps it was just the lighting. Hmm.

 

[TootsieFootsie]

I have wonder if Trump practiced his mug shot "look" at home, in front of the mirror. Maybe even having someone (Don Jr.?) coach him to get the effect he wanted. Also, his hair looks much lighter in the mug shot. Did he dye it? Perhaps it was just the lighting. Hmm.

I think he got the full works at the beauty salon before his photo opportunity.

 

[MyBelle]

I am curious how you think a DA not afflicted by "political priorities" *ought* to respond when presented with evidence of criminal activity by politicians?

Should she have declined to investigate? Declined to indict even in the face of strong evidence? Wouldn't that be a failure to do her job?

Serious question on my part.

There is no evidence of criminal activity in Georgia that I've seen. Phone calls, Tweets, Texts aren't crimes. Questioning the outcome of an election isn't a crime.

Willis has made no secret that she is a proud Democrat to the point she openly campaigned for the Democrat opponent of a Republican politician she subsequently tried to indict. The Judge angrily refused. Her indictment of 19 Republicans has a political agenda that is very transparent, which is why there will be an investigation by the new commission. It clearly states:
any documents attached to the complaint show it is plausible that the district attorney or solicitor-general made or knowingly authorized the decision based on A) Undue bias or prejudice against the accused.

JMO

 

[Vern]

Harrison Floyd fundraiser hits $220k as Trump co-defendant remains in jail

Floyd is the only one of Trump's 18 Georgia co-defendants to have been denied bail after a judge deemed him to be a flight risk.

www.newsweek.com

A fundraiser for Harrison Floyd, the only one of Donald Trump's 18 co-defendants in the Georgia election fraud case to be denied bail, has raised over $115,000 to pay for his legal team.

Good; I'm happy to see he will get some decent representation. It's the American way.

 

[BayouBelle_LA]

Deals will be cut. That's the way it works.
It's not too late. I've seen deals cut during trials!

As you know, one purpose of a deal is to provide information.

Trump will never plea deal.
Guiliani likely won't because he's Trump's BFF

In the end, I think many will plea.
Many in this group (the attorneys) likely want to "get on with their lives".
They likely have other careers in the works. (The Watergate conspirators had lucrative post-oconviction careers)

Some at the bottom won't plea because they will be steadfast.

Just MOO...

I think there will be pleas as well but in the opposite direction. I think the lower tier (Georgia people) are more likely to plea. I think the more you have to lose, the more steadfast you become. imo

 

[MyBelle]

I'm not alone in my opinion this indictment constitutes election interference.
JMO

Democrat voters think Donald Trump arrest is 'election interference'

A poll conducted for Newsweek found that an average of 59 percent of Americans think Trump's legal troubles are an "interference in the 2024 election."

www.newsweek.com

A majority of Democrat voters who backed President Joe Biden in 2020 think the investigations and criminal indictments against Donald Trump constitute "an interference in the 2024 presidential election," according to a new poll conducted exclusively for Newsweek.

The Redfield & Wilton Strategies survey reveals a majority in every age group, gender and geographic location, except for the Northeast, think Trump's ongoing legal difficulties constitute election interference in a major boost to the Republican frontrunner.

 

[MyBelle]

I think there will be pleas as well but in the opposite direction. I think the lower tier (Georgia people) are more likely to plea. I think the more you have to lose, the more steadfast you become. imo

It won't surprise me if there are not any pleas. Forcing Floyd to be jailed may have resulted in a plea deal just so he could get out of that horrific jail. It's nice to see that donors are ensuring he'll have an attorney.

JMO

 

[Vern]

Polls are subjective based upon the questions asked etc, so differing polls can come up wth different results from the very same people.

The only poll that will really matter in this thread's subject case is - the poll of the jury in determining GUILTY or NOT GUILTY; that's the way the Justice System works. Even if somehow, Willis is removed, the case will go on and will be taken over by some other DA who has prosecuted both Democrats and Republicans when they've been charged with breaking the law (just as Willis has prosecuted both regardless of political stripe etc).

Most Voters Want Trump’s Georgia Case Handled by Election Day 2024

However, the bulk of GOP voters say even Trump’s imprisonment wouldn’t shake their support

pro.morningconsult.com

Majority of Americans Say Trump Charges Have Merit, but His G.O.P. Grip Grows (Published 2023)

Recent polls conducted before the Georgia indictment showed that most believed that the prosecutions of the former president were warranted.

www.nytimes.com

Majority of Americans think Trump's Ga. election interference case is serious: POLL

A majority (63%) of Americans say Trump's charges approved by a grand jury in Georgia are serious (47%) or somewhat serious (16%), according to a new ABC News/Ipsos poll

abcnews.go.com

Poll Shows Most Americans Want Trump Trial to Happen Before 2024 Election

Nearly 6 in 10 voters say a trial for Trump should start before the GOP primaries begin.

truthout.org

Exclusive | Majority of Americans support criminally charging Trump in Georgia, classified docs probes: poll

The WPA Intelligence survey also found that if Trump is charged, his chances against President Biden in the general election would take a severe hit.

nypost.com

And another one from this week:

Lock Him Up? A New Poll Has Some Bad News for Trump

A new POLITICO Magazine/Ipsos poll punctures some prevailing political narratives about the Trump indictments.

www.politico.com

 

[PommyMommy]

AUG 15, 2023
Trump's racketeering indictment uses his own tweets against him (axios.com)
Reality check: Overt acts are not standalone allegations of criminality, and Trump was not charged simply for tweeting.

• Rather, the legal term refers to a pattern of behavior supporting a broader criminal enterprise — in this case, an alleged seven-state election conspiracy by 19 defendants and 30 unindicted co-conspirators.
• The indictment alleges that in sum, Trump's 12 tweets — as well as phone calls, texts, meetings and other activity by him and his allies — comprised elements of a conspiracy to subvert the election by people who knowingly spread election lies.

Between the lines: Renting a car is not illegal. Nor is buying a ski mask or mapping out a street's surveillance cameras. But if those steps were taken in furtherance of a plot to rob a bank, they may be listed as overt acts in a conspiracy indictment.

 

[musicaljoke]

Polls are subjective based upon the questions asked etc, so differing polls can come up wth different results from the very same people.

The only poll that will really matter in this thread's subject case is - the poll of the jury in determining GUILTY or NOT GUILTY; that's the way the Justice System works. Even if somehow, Willis is removed, the case will go on and will be taken over by some other DA who has prosecuted both Democrats and Republicans when they've been charged with breaking the law (just as Willis has prosecuted both regardless of political stripe etc).

Most Voters Want Trump’s Georgia Case Handled by Election Day 2024

However, the bulk of GOP voters say even Trump’s imprisonment wouldn’t shake their support

pro.morningconsult.com

Majority of Americans Say Trump Charges Have Merit, but His G.O.P. Grip Grows (Published 2023)

Recent polls conducted before the Georgia indictment showed that most believed that the prosecutions of the former president were warranted.

www.nytimes.com

Majority of Americans think Trump's Ga. election interference case is serious: POLL

A majority (63%) of Americans say Trump's charges approved by a grand jury in Georgia are serious (47%) or somewhat serious (16%), according to a new ABC News/Ipsos poll

abcnews.go.com

Poll Shows Most Americans Want Trump Trial to Happen Before 2024 Election

Nearly 6 in 10 voters say a trial for Trump should start before the GOP primaries begin.

truthout.org

Exclusive | Majority of Americans support criminally charging Trump in Georgia, classified docs probes: poll

The WPA Intelligence survey also found that if Trump is charged, his chances against President Biden in the general election would take a severe hit.

nypost.com

And another one from this week:

Lock Him Up? A New Poll Has Some Bad News for Trump

A new POLITICO Magazine/Ipsos poll punctures some prevailing political narratives about the Trump indictments.

www.politico.com

It's good to see that so any Republicans are beginning to understand the seriousness of the charges and believe those involved should have to face the consequences. Perhaps it will help even more as they get to know the other contenders for the Republican Party leadership. The world will not end if T is sent to prison.

 

[browning]

Former President Trump wont spend one day in prison, you can take that to the bank.

 

[musicaljoke]

Former President Trump wont spend one day in prison, you can take that to the bank.

His charges come with a mandatory sentence.

 

[BritsKate]

AUG 15, 2023
Trump's racketeering indictment uses his own tweets against him (axios.com)
Reality check: Overt acts are not standalone allegations of criminality, and Trump was not charged simply for tweeting.

• Rather, the legal term refers to a pattern of behavior supporting a broader criminal enterprise — in this case, an alleged seven-state election conspiracy by 19 defendants and 30 unindicted co-conspirators.
• The indictment alleges that in sum, Trump's 12 tweets — as well as phone calls, texts, meetings and other activity by him and his allies — comprised elements of a conspiracy to subvert the election by people who knowingly spread election lies.

Between the lines: Renting a car is not illegal. Nor is buying a ski mask or mapping out a street's surveillance cameras. But if those steps were taken in furtherance of a plot to rob a bank, they may be listed as overt acts in a conspiracy indictment.

View attachment 443080

Just to bounce off your post:

“The idea of the RICO Act is you could take lots of different actions by different people over a large period of time, and you can link them together to create a compelling narrative for the, for the jury,” Clark D. Cunningham, a law professor at Georgia State University, told CNN on Aug. 15. “And so I think she [Willis] plans to present to the jury a story of a really pretty vast conspiracy to subvert democracy itself. And to be able to make that story, she has to take all kinds of individual events which by themselves might not seem that sinister, but when you start putting them together, she believes she has a compelling case of a criminal enterprise with Donald Trump at the top of it.”

There's more on the Georgia indictment at link:

Q&A on Trump's Georgia Indictment - FactCheck.org

For the fourth time in a little more than four months, former President Donald Trump was indicted. Here we answer some questions about the Georgia state indictment, as we did for two federal indictments and a state indictment that was brought against Trump in New York.

www.factcheck.org

 

[MyBelle]

AUG 15, 2023

https://www.axios.com/2023/08/15/trump-indictment-racketeering-tweets-overturn-election-2020

Reality check: Overt acts are not standalone allegations of criminality, and Trump was not charged simply for tweeting.

• Rather, the legal term refers to a pattern of behavior supporting a broader criminal enterprise — in this case, an alleged seven-state election conspiracy by 19 defendants and 30 unindicted co-conspirators.
• The indictment alleges that in sum, Trump's 12 tweets — as well as phone calls, texts, meetings and other activity by him and his allies — comprised elements of a conspiracy to subvert the election by people who knowingly spread election lies.

Between the lines: Renting a car is not illegal. Nor is buying a ski mask or mapping out a street's surveillance cameras. But if those steps were taken in furtherance of a plot to rob a bank, they may be listed as overt acts in a conspiracy indictment.

BBM. I think the participants genuinely believed there were election irregularities that needed further investigation in the form of audits. Because of Covid, many states adjusted the ways to vote in 2020.

We had questions and we're not Republicans. Pence certified the electoral votes on Jan. 6 so whatever effort Trump and his supporters hoped to accomplish was stopped.

JMO