# What happens if Trump is indicted in Georgia? (Indicted on August 14, 2023)

**URL:** <https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928>\
**Category:** Politics & Elections\
**Tags:** trump\
**Created:** [February 17, 2023, 3:14am UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928 "2023-02-17T03:14:26Z")\
**Posts on this page:** 20\
**Page:** 64

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**Author:** ![ThelmaLou](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thelmalou/32/390_2.png) [@ThelmaLou](https://boards.straightdope.com/u/ThelmaLou)\
**Post date:** [August 31, 2023, 11:41pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1261 "2023-08-31T23:41:40Z")

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> [@CoolHandCox](#):
>
> …they seem to turn the question around on the Judge…

That should go over well. 🙄

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**Author:** ![smithsb](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smithsb/32/12107_2.png) [@smithsb](https://boards.straightdope.com/u/smithsb)\
**Post date:** [August 31, 2023, 11:47pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1262 "2023-08-31T23:47:44Z")

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> [@TroutMan](#):
>
> Eastman goes on Fox to explain exactly how he tried to break the law. I guess he wanted to make sure prosecutors are trying him for the correct crime.

Maybe the Fox lawyers did the Miranda warning or the fallback is “it’s just an opinion”? /s

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**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\
**Post date:** [September 1, 2023, 12:00am UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1263 "2023-09-01T00:00:29Z")

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> [@CoolHandCox](#):
>
> I have no opinion on this, other than I’d _prefer_ a more direct response to the Judge’s question. There’s probably just not much case law out there, though and maybe that was the best way to address the question. I’ll wait for the experts to weigh in and see what they think.

But doesn’t this directly respond to the judge’s inquiry? The answer is, “No removal, not when _any_ of the acts, even one, are indicative of a decision to enter into a conspiracy.”

I’m no expert, but it seemed very convincing, unless all their cites were bullshit.

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**Author:** ![EddyTeddyFreddy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eddyteddyfreddy/32/18796_2.png) [@EddyTeddyFreddy](https://boards.straightdope.com/u/EddyTeddyFreddy)\
**Post date:** [September 1, 2023, 12:51am UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1264 "2023-09-01T00:51:38Z")

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> [@outlierrn](#):
>
> > [@EddyTeddyFreddy](#):
> >
> > But contradictory verdicts in separate trials wouldn’t invalidate any guilty findings, since the strengths and weaknesses of each individual case apply to that defendant only
> 
> But it can invalidate the guilty findings in the eyes of people predisposed to believe that the process was corrupt.

True dat. But those folks in the Trump cult are going to believe it’s a baseless witch hunt no matter what. Assault Rifle Jesus could come down and tell them he’s guilty and they’d refuse to believe it.

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**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\
**Post date:** [September 1, 2023, 2:57am UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1265 "2023-09-01T02:57:14Z")

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Team meadows’ response [https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.67.0.pdf](https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.67.0.pdf)

Still reading…

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**Author:** ![eschereal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschereal/32/18939_2.png) [@eschereal](https://boards.straightdope.com/u/eschereal)\
**Post date:** [September 1, 2023, 3:02am UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1266 "2023-09-01T03:02:57Z")

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What if the court were to reject severability? I mean, it seems somewhat unlikely, but if it was ruled that the cases had to be tried _en masse_, who would get precedence? The speedy-trial people or the drag my feet people?

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**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\
**Post date:** [September 1, 2023, 4:52am UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1267 "2023-09-01T04:52:48Z")

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> [@rocking\_chair](#):
>
> Team meadows’ response [https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.67.0.pdf](https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.67.0.pdf)

Seems as if it hinges on prosecution’s argument that because it’s a RICO charge, the defense’s arguments aren’t unpersuasive so much as irrelevant.

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**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\
**Post date:** [September 1, 2023, 10:07am UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1268 "2023-09-01T10:07:30Z")

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I’d guess the speedy trial guys, in the remotely unlikely even they refuse to sever. The speedy trial guys have the force of law, judges have the discretion to otherwise set the date. So, if the judge wants to be certain to be reversed, there’s this option. 😀

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**Author:** ![MulderMuffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldermuffin/32/2862_2.png) [@MulderMuffin](https://boards.straightdope.com/u/MulderMuffin)\
**Post date:** [September 1, 2023, 11:52am UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1269 "2023-09-01T11:52:25Z")

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Kemp is holding firm against the sedition caucus in Georgia who want to impeach Fani Willis to try to stop the case against trump and company.

> **[Georgia Gov. Brian Kemp dismisses GOP calls for special session to impeach DA...](https://www.nbcnews.com/politics/donald-trump/georgia-gov-brian-kemp-dismisses-gop-calls-special-session-impeach-da-rcna102781)**
>
> “Up to this point, I have not seen any evidence that DA Willis’ actions, or lack thereof, warrant action by the prosecuting attorney oversight commission," Kemp said.

> “In Georgia, we will not be engaging in political theater that only inflames the emotions of the moment. We will do what is right. We will uphold our oath to public service. And it is my belief that our state will be better off for it.”

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [September 1, 2023, 2:23pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1270 "2023-09-01T14:23:45Z")

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“Do what is right”??? That won’t fly with the hardcore R’s. “Do what gets us power” is the core principle.

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**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\
**Post date:** [September 1, 2023, 2:25pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1271 "2023-09-01T14:25:11Z")

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The decision should come down today.

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**Author:** ![Ann\_Hedonia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ann_hedonia/32/319_2.png) [@Ann\_Hedonia](https://boards.straightdope.com/u/Ann_Hedonia)\
**Post date:** [September 1, 2023, 2:30pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1272 "2023-09-01T14:30:28Z")

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IANAL

I think the prosecution’s most compelling argument was that if Meadows wants to transfer into federal court in order to invoke the Supremacy Clause as his defense, that needs to be his complete defense.

He can’t also argue that the overt acts were also political speech protected by the First Amendment and, by arguing that (which he has), he admits he was working for candidate Trump rather than President Trump.

Even though the Trump Administration blatantly ignored the Hatch Act, it still exists and that means that if Meadows was engaging in campaign activities while acting as Trump’s Chief of Staff he was NOT acting within his federal duties, because there is a law that specifically prohibits that, even if that law was routinely ignored. And I would also argue that even obtaining a phone number for Trump was political activity if Trump was using that phone number for political campaign related activities.

If Meadows didn’t understand this (which is possible, because I’m pretty sure Trump gave him the job BECAUSE he didn’t understand it), ignorance of the law is no excuse.

But again, IANAL.

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**Author:** ![Zakalwe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zakalwe/32/270_2.png) [@Zakalwe](https://boards.straightdope.com/u/Zakalwe)\
**Post date:** [September 2, 2023, 12:08am UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1273 "2023-09-02T00:08:28Z")

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QFT. This is exactly my response to Meadows’ argument. “Which law were you breaking, Mr. Meadows? The Hatch Act or the Georgia RICO Act? Pick one, there is no third option. Any way you look at it, you’re a criminal.”

Now he will, of course, go for the Hatch Act which is generally toothless and is subject to a potential Trump pardon, but I hope the Court(s) won’t allow it, but who the hell knows these days.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [September 2, 2023, 12:18am UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1274 "2023-09-02T00:18:25Z")

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> [@Zakalwe](#):
>
> Now he will, of course, go for the Hatch Act which is generally toothless and is subject to a potential Trump pardon, but I hope the Court(s) won’t allow it, but who the hell knows these days.

The importance of the Hatch Act is not that he may be in trouble for violating it, but that it takes away the argument that he was doing _legitimate_ government business.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [September 2, 2023, 12:50am UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1275 "2023-09-02T00:50:09Z")

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> [@rocking\_chair](#):
>
> The decision should come down today.

Nothing yet?

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**Author:** ![LoneRhino](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lonerhino/32/1311_2.png) [@LoneRhino](https://boards.straightdope.com/u/LoneRhino)\
**Post date:** [September 2, 2023, 12:53am UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1276 "2023-09-02T00:53:30Z")

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Is it possible that these idiots think that things said on tv are inadmissible? So many of them seem to do this.

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**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\
**Post date:** [September 2, 2023, 1:19am UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1277 "2023-09-02T01:19:16Z")

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Not that I’ve seen or heard. Perhaps Tuesday?

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**Author:** ![simster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/simster/32/1047_2.png) [@simster](https://boards.straightdope.com/u/simster)\
**Post date:** [September 2, 2023, 3:22am UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1278 "2023-09-02T03:22:48Z")

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It seems we are at an impasse -

I clearly cannot take the Rico act that is in front of me, and I clearly cannot take the Hatch act that is in front of you.

you’re trying to trick me into giving something away - won’t work.

But it has worked - hey, look over there!

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**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\
**Post date:** [September 2, 2023, 6:55pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1279 "2023-09-02T18:55:49Z")

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> [@LoneRhino](#):
>
> Is it possible that these idiots think that things said on tv are inadmissible? So many of them seem to do this.

I don’t think so they’re unaware, but they’re scared, despearate people who know it’s likely they’ll lose in court. Trump himself is absolutely terrified. Putting out 30+ videos in one dayt is a cry for help.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [September 4, 2023, 5:58pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1280 "2023-09-04T17:58:26Z")

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Here’s something that potentially applies to a lot of the cases, but I’ll stick it here.

Washington Post has an article about John Eastman’s bar proceedings. The prosecuting body has filed a brief by a lawyer named Matthew A. Seligman, who eviscerates Eastman’s “theory” that the Vice-President could stop the vote count. Seligman concludes that Eastman’s approach could not reasonably be advanced by a lawyer on the issue.

The brief is filed to support the argument that Eastman was not acting professionally and should be sanctioned by the bar proceedings, but as the WaPo article points out, it has serious implications for some of the accused parties in the various criminal proceedings, notably Trump, Guiliani, Cheesebro and Powell, who are expected to advance the argument that they were all acting in good faith on legal opinions.

If the bar proceedings accepts Seligman’s argument and rules that his legal opinion cannot be supported at all, then it undercuts the “acting on legal advice” defence. And, since it is purely a question of law, a trial judge could rule on it before the evidential phase of a trial. If a trial judge agrees that the opinion was completely lacking in reasonable legal analysis, that could mean that the defence will not be allowed to advance it in front of the jury.

Lots of “ifs” and “maybes” there, but it is a significant issue.

Doesn’t look like it’s paywalled:

> **[Opinion | Eastman’s defense is shattered in state bar proceeding](https://www.washingtonpost.com/opinions/2023/08/28/eastman-state-bar-defense/)**
>
> No reasonable lawyer would have given this advice.

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