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Tipsheet

Will Trump Get Indicted Four Times This Year?

AP Photo/Steven Senne

The man has a knack for survival. Donald Trump got slapped with two indictments, and his poll numbers increased. It was hyperbole at first, but he could shoot someone on Fifth Avenue, and it probably wouldn’t make a lick of difference regarding his position as frontrunner for the 2024 Republican nomination. His primary opponent is Florida Gov. Ron DeSantis. But the former president also got word from his attorneys that he's the subject of an investigation from Special Counsel Jack Smith over January 6. Smith oversees two probes, one for this riot, the other from classified materials, ending with Trump’s second indictment. 

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Could a third trial date be on the horizon? It’s possible, given the legalese this army of anti-Trump attorneys have strung together. As Jonathan Turley, a law professor at the George Washington University Law School, highlighted, Smith is known to stretch criminal statutes to the extreme. The unanimous overturning of Virginia Gov. Bob McDonnell’s corruption conviction by the Supreme Court is a testament to how he operates. Though Turley added that while the jury pool would be excellent for a DC trial, which he described as an “irresistible” temptation by this anti-Trump DOJ, the case must be beyond reproach. We have no idea what’s being considered, but the most likely charges Turley could see being considered aren’t criminal. Some are constitutionally protected acts of free speech. 

We’re watching to see if Trump will be indicted twice this summer. There are two more pending investigations: Smith’s January 6 review and the 2020 election interference probe in Georgia. The Peach State indictment could come any time after July 31. The developments there are not good, as the case could have entered RICO territory. That development was hinted at last month, and RICO investigations usually end with an indictment. Re-upping the Post here (via WaPo): 

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An Atlanta-area investigation of alleged election interference by former president Donald Trump and his allies has broadened to include activities in Washington, D.C., and several other states, according to two people with knowledge of the probe — a fresh sign that prosecutors may be building a sprawling case under Georgia’s racketeering laws. 

Fulton County District Attorney Fani T. Willis (D) launched an investigation more than two years ago to examine efforts by Trump and his allies to overturn his narrow 2020 defeat in Georgia. Along the way, she has signaled publicly that she may use Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) statute to allege that these efforts amounted to a far-reaching criminal scheme. 

In recent days, Willis has sought information related to the Trump campaign hiring two firms to find voter fraud across the United States and then burying their findings when they did not find it, allegations that reach beyond Georgia’s borders, said the two individuals, who spoke on the condition of anonymity to speak candidly about the investigation. At least one of the firms has been subpoenaed by Fulton County investigators.

[...] 

The state’s RICO statute is among the most expansive in the nation, allowing prosecutors to build racketeering cases around violations of both state and federal laws — and even activities in other states. If Willis does allege a multistate racketeering scheme with Trump at its center, the case could test the bounds of the controversial law and make history in the process. The statute calls for penalties of up to 20 years in prison. 

[…] 

Among Willis’s latest areas of scrutiny is the Trump campaign’s expenditure of more than $1 million on two firms to study whether electoral fraud occurred in the 2020 election, the two individuals said. 

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Yet, Georgia’s investigation will surely face questions regarding its integrity since the forewoman in the grand jury went on a circuit tour, spewing some of the most unhinged anti-Trump rhetoric. Even liberal legal analysts were wondering what was going on, especially when allegations that prosecuting attorneys were hosting ice cream parties with the jury were lobbed. 

If all four bells strike, Trump will face indictments for hush money payments to an ex-porn star, mishandling classified materials, orchestrating the January 6 riot, and trying to interfere with voter tabulations in Georgia. It’s a massive pile of politically biased BS, but Trump can’t ignore it. It’ll hang around his neck for the ’24 cycle, though I doubt it’ll detonate his candidacy. He’s Teflon Don at this point regarding the lawfare.  

Here's a quick rundown of the process down there (via CBS News):

The investigation, led by Fulton County District Attorney Fani Willis, began shortly after a recorded Jan. 2, 2021, phone call between Trump and Georgia's Republican Secretary of State Brad Raffensperger was made public. In the call, Trump told Raffensperger, "I just want to find 11,780 votes" — the number  he would have needed to overtake Joe Biden. 

[…] 

The special purpose grand jury had the power to issue subpoenas and produce a final report with indictment recommendations. Over the course of six months in 2022, it interviewed 75 witnesses. 

Portions of the report released to the public in February said a "majority of the Grand Jury believes that perjury may have been committed by one or more witnesses testifying before it," and recommended that the district attorney seek "appropriate indictments" for crimes where the "evidence is compelling." 

In media interviews after the report was delivered to Willis' office, the special purpose grand jury's foreperson indicated multiple indictments were recommended. 

The special purpose grand jury's findings can be presented to a regular grand jury, which would vote on whether to indict. 

[…] 

On July 11, two groups of 23 Fulton County residents and three alternates were selected to be grand jurors. One group will meet on Mondays and Tuesdays. The other will meet Thursdays and Fridays. It is unclear which group will consider potential charges against Trump or his allies. 

A majority, 12, would need to vote in favor of an indictment.

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I would put the odds of Trump being indicted in Georiga at 50/50. These people always get creative, especially if Trump is the target. 

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