Here is why Trump's indictment in Georgia may not come until next week

AP Photo/Ben Gray, File

It’s all over but the waiting. It is an all but foregone conclusion that Donald Trump will be indicted in Fulton County (Atlanta) Georgia soon. It likely will not happen until next week. It could happen by the end of this week, though.

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The hold up now is that some subpoenaed witnesses have not yet received their 48-hour notice to testify behind closed doors. Security has been tightened around the Fulton County Courthouse. County officials have been given the heads-up that the time is drawing near. Word is that the prosecution is preparing gonzo racketeering case against Trump and his allies. Fulton County D.A. Fani Willis is known for her tendency to bring RICO cases when the opportunity presents itself. This is why the Georgia case against Trump has been of such concern to those of us who have been keeping an eye on it. I maintain that this case is the one Trump should be most worried about. Willis is as determined as Jack Smith to send Trump to prison. The county sheriff is ready to fingerprint and take a mug shot of Trump.

Unless Willis has changed her mind about the witnesses, Thursday will be the earliest that she will be able to present evidence to a grand jury.

Recall that when Willis brought a complex case involving racketeering charges in 2013 — with the indictment of 35 educators involved in the Atlanta Public Schools cheating scandal — she took about two days to deliver the case and unveil an indictment. RICO charges are considered a distinct possibility with the Trump probe.

Meanwhile, Trump’s lawyer, John Lauro told Chuck Todd on Meet the Press Sunday that Trump’s phone call to Georgia Secretary of State Brad Raffensperger was not criminal. He said that Trump’s call to ask that Raffensperger find more than 11,000 votes to declare Trump the winner was an “aspirational ask.”

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“He believed that there were in excess of 10,000 votes that were counted illegally,” Lauro told host Chuck Todd. “And what he was asking for is the secretary of state to act appropriately and find these votes that were counted illegally … That was an aspirational ask.”

The federal indictment brought by Justice Department special prosecutor Jack Smith last week cites the call as evidence Trump attempted to solicit fraud activity in order to reverse the outcome of the election.

Lauro said Trump wasn’t threatening Raffensperger but requesting that he “get to the truth,” describing it as political speech protected by the First Amendment.

Some legal experts don’t buy that argument.

“You know who else asks people to commit crimes in an ‘aspirational way’ without ‘directing’ them to?” asked Joyce Vance, a former federal prosecutor. “Mob bosses, human traffickers and the heads of organized drug rings.”

An indictment in Georgia will bring yet another legal trial that a prosecutor will try to bring against Trump during the political campaign. The reason for these indictments is to keep Trump out of the White House in 2024. We are in new territory here and it is impossible to predict where it all leads. The question of televising the trial for Jack Smith’s indictment against Trump in Washington, D.C. has been raised. There is a law against televising federal trials, though. According to Cornell Law School, it’s a no-no to take photos or broadcast during a federal trial.

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Rule 53. Courtroom Photographing and Broadcasting Prohibited
Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom.

Ok. That’s federal law. But, what about the state case in Georgia? Can it be televised? The Supreme Court ruled that states can allow cameras in the courtrooms “only if the defendant’s rights to due process and a fair trial are protected.”

It will be interesting to see what the decision is on televising the Georgia trial. If it does happen, I think it all but guarantees that Trump, if he is the GOP nominee, wins the 2024 presidential election. Viewers will see that Trump has been hounded and feel empathy for him against the Democrats prosecuting him. At least that is what Trump’s popular polling numbers have shown after every indictment. A televised trial will benefit Trump.

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John Stossel 12:00 AM | May 03, 2024
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