Donald Trump’s Georgia Indictment Will Finish Him, If It Gets There
<p>I still <a href="https://medium.com/the-millennial-republican/why-trump-wont-do-jail-time-12c7615f183a" rel="noopener">don’t think Donald Trump will go to jail</a> for any of the four (current) indictments against him. With that said, the Georgia indictment is the strongest to date. There’s one main reason why it will finish him once and for all, if allowed to reach a jury verdict and sentencing.</p>
<p>Some argue that <a href="https://www.vox.com/trump-investigations/23832341/trump-charges-prison-time-sentence-indictments" rel="noopener ugc nofollow" target="_blank">the federal 2020 election case</a> is the most important. You know the one. The <a href="https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf" rel="noopener ugc nofollow" target="_blank">brief drafted by Jack Smith’s team</a>, filled with unnamed co-conspirators, accusing Trump of conspiracy to defraud the United States, among other charges.</p>
<p><strong>This case will be challenging for Smith’s team.</strong></p>
<p>It’s a case of first impression. The statute in question has never been used in the context of criminalizing an attempt to overturn an election. It’s <a href="https://www.thefederalcriminalattorneys.com/federal-conspiracy" rel="noopener ugc nofollow" target="_blank">often used</a> when there’s money or property involved (think bank fraud, mail fraud, securities fraud, etc.).</p>
<p>And most importantly, <strong>Smith’s team will need to get inside Trump’s head</strong>. They will need to prove to a jury beyond a reasonable doubt that Trump <strong><em>was aware</em></strong> (that he had knowledge) of the unlawfulness of his plan.</p>
<p>Trump may very well argue that he had an honestly-held belief that the election was stolen from him. He’s repeated this point, after all, for over two years.</p>
<p>The prosecution will argue (for many reasons!) that this was an <em>unreasonably</em>-held belief, but it’s conceivable that at least one or two jurors may find reasonable doubt in Trump’s favor.</p>
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