Indict Trump? - Manhattan's Withdrawal Puts Spotlight on Georgia

WASHINGTON - April 30, 2022 - PRLog -- A six-month criminal probe of Donald Trump by Manhattan District Attorney Alvin Bragg, for crimes related to manipulating the value of property assets to secure tax advantages or better loan rates, is expiring with no charges against the former president, notes public interest law professor John Banzhaf.

This development both disappoints and surprises many since the probe was originally launched by Bragg's predecessor, Cyrus R. Vance Jr., who was convinced that there was a criminal case against Trump.

It also greatly increases the importance of a special grand jury just convened in Fulton County which is amassing evidence that Trump's telephone call, seeking to pressure Secretary of State Brad Raffensperger and others to change  Georgia's presidential vote tallies, violated several criminal statutes, including RICO, says Banzhaf, who filed the criminal complaint against Trump which triggered the investigation.

The law professor believes that the investigation by Fulton County DA Fani Willis is more likely to return an indictment against Trump than the other major investigation by the Department of Justice which is investigating whether it can and should indict him for his role in allegedly inciting a riot on January 6th.  Here's why.

First, he says, the evidence in Georgia is clear and uncomplicated, unlike the words of Trump's January speech which many see as ambiguous, and where prosecutors might have to argue from possible inferences.

Second, an indictment and trial in Georgia would not raise suspicion - and create very bad "optics" - of an incoming president seeking political retribution, and protection from competition in future elections, by trying to throw his opposition in prison.

Third, there is no free speech problem, as there would be in a criminal prosecution based upon Trump's speech at the rally.

Finally, Willis plans to use RICO - the Racketeer Influenced and Corrupt Organizations Act - in any prosecution of Trump.

Banzhaf, who is familiar with the federal RICO statute since he produced the memo which led to the federal government's successful RICO prosecution against the major tobacco companies, points out that the Georgia RICO statute is even more powerful and far reaching than the federal one.

http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf