The indictment of former President Donald Trump and 18 co-defendants by a grand jury has set the stage for a legal battle that could result in several years of prison time if convicted under Georgia’s racketeering law. Fulton County District Attorney Fani Willis is leading the prosecution of this case, using Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act against all 19 defendants involved in alleged attempts to overturn the 2020 presidential election in Georgia. In addition to election fraud charges, many of the defendants also face other criminal charges.
Willis emphasized the potential jail time that could result from the RICO charges in a news conference, stating that these charges carry a 5 to 20-year prison sentence, a fine of up to $25,000, or three times the amount gained from the violation. However, it remains unclear how strictly the judge must adhere to the state’s sentencing guidelines.
The Georgia RICO statute allows prosecutors to charge multiple individuals for “predicate” criminal acts that allegedly took place in Georgia and elsewhere as part of a conspiracy. Since taking office in 2021, Willis has successfully prosecuted several racketeering cases. This case in Fulton County presents another challenge for Trump, as he faces 13 counts, including the RICO charge. If convicted of any of these state felonies, Trump will not have access to a federal pardon. In Georgia, the Georgia State Board of Pardons and Paroles, selected by the governor and confirmed by the state Senate, holds the exclusive authority to grant paroles, pardons, reprieves, and commutations.
Furthermore, convicted defendants in Georgia cannot immediately apply for a pardon and must complete their sentence before being eligible to seek one. The Georgia pardon application guidelines state that a person must have finished serving their sentence at least five years prior to applying and must not have any pending charges. There is a possibility to request a waiver for the five-year waiting period if it would delay qualification for employment in one’s chosen profession.
Willis expressed her desire for the trial to take place within the next six months, although the final decision lies with the judge. If the trial does occur in six months, it would coincide with the presidential primary season.
Trump’s attorneys criticized the handling of the case by Fulton County, highlighting the reliance on witnesses with personal and political interests. They anticipate a detailed review of the indictment, claiming that the entire process has been flawed and unconstitutional.
In addition to this case, Trump currently faces three other sets of felony charges: a federal case in Washington, D.C., related to his attempts to retain power after losing the 2020 election, a federal case in Miami regarding his handling of classified documents after his presidency, and a state case in New York concerning an alleged “hush money” scheme. Trump has pleaded not guilty in all these cases. All four trials could potentially take place in 2024, coinciding with Trump’s third bid for the presidency.
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