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

I heard Trump’s report has packets.

They’re all potential flippers. They have no lifeline even if Trump is reelected, so have nothing to lose by spilling their guts. Delusion is one thing, but looming prison time is something else again.

well, dang. one day off.

I’m not a lawyer, but my understanding is that the argument for removal is based on 28 USC 1442, which provides for removal to federal court for any civil or criminal prosecution of an officer of the United States for actions taken in an official capacity. Trump tried to make this argument in New York, but a judge rejected it as the conduct (falsifying records to cover up hush money payments to a porn star) could in no way be considered “official acts.”

I don’t know whether he has a better argument for removal in Georgia, but it’ll be a federal judge who makes that decision — potentially one he appointed.

Two weeks. Trump’s favourite timeline. As usual, he’ll produce nothing. In two weeks, or longer.

Typical game show/reality show host talk. “Tune in next week to find out …” and then, he produces nothing. Because something-something-something.

Exactly. He has nothing. If he had a detailed report to share, he would have done so a long time ago.

Yes, I missed that one. I bit of a closer fit, and perhaps will get some traction.

I wonder what Trump’s lawyers think of his long, detailed, IRREFUTABLE report. I bet his blathering has got them worried - worried he may simply be on the road to committing more crimes.

  1. The endless whining that it’s “taken nearly three years to bring these charges,” but this earth-shattering report … that proves the whole thing was rigged … has also taken three years to produce? Hm.

  2. Wouldn’t removing this GA case to Federal court render any conviction subject to Presidential pardon, where leaving it in GA eliminates that risk?

No no no. It’s only taking a few days to produce. Using a sharpie.

That’s a fine question. I doubt it’s ever come up. In my view, it’s still a state prosecution, under state law. The Constitution grants the President the “Power to grant Reprieves and Pardons for Offences against the United States.” The Georgia indictment is not charging “offences against the United States.”

So, Judge Procrustus says no.

“As you can clearly see from this map, the path of Hurricane Fani is likely to include Atlanta. Accordingly, this case should be moved to the hurricane-free state of Florida and permanently postponed.” :cyclone:

Trump is still a viable candidate. His legal stuff has reportedly cost him $36m so far this year, billed, maybe dubiously, to whatever SuperPAC. Though this will cost more, consider something like $130m was spent on the Warnock campaign alone. Someone will be paying a lot of money for this. History suggests it won’t be Trump directly, given he is still the front runner (excepting a Hurricane).

Back in late December 2020 or early January 2021, some Trumpists asserted that on January 6, 2021, Trump would address a joint session of Congress with never before heard evidence as to how the election was rigged.

When challenged on, “Why isn’t he making it known now? Wouldn’t that be more advantageous to him?” they had nothing.

Reality/game show host behaviour. “Tune in next week to find out …” and so on. At least, Alex Trebek and Ryan Seacrest and Gordon Ramsay delivered on their TV show promises. Trump can’t and won’t.

i don’t believe that rigging and overturning an election is considered “official capacity”. i’m sure the arguments will be interesting and hopefully televised.

Joining in with the songs:

There was a crooked man,
And he walked a crooked mile,
He found deluded followers,
Although he had no style,
He wore a crooked hat,
And inherited a house,
And he fooled a lot of people 'til they saw he was a louse

They’re the Criminal Operations for Voter Invalidation and Deception - the COVID-19!

Last night when the news first broke but before the details came out, it was said that the grand jury returned 10 indictments.

But today’s news only refers to the indictment, as if there’s just one.

So how many indictments were returned?

re: removal to Federal Court. Short answer, might be possible, but probably not. Here’s a Feb 2023 link to an article that goes into detail - seems to be a pretty even-handed look at the situation by a law professor and former federal prosecutor.

Excerpts from the Article (I’m not including most of the details/reasons why it should stay):

Would Trump be able to remove a state prosecution to federal court under the statute?

…The path Trump would use is found in 28 U.S.C. 1442. It provides that one category of people who can remove a criminal prosecution from state to federal court includes officers of the United States or anyone acting under their direction “for or relating to any act under color of such office.” That phrase means that the a defendant must have been acting within the scope of their official duties when they did whatever they are now criminally charged with.

Congress passed the “federal officer removal” statute to prevent state and local prosecutors, who might hold some prejudice against federal officials, from having sole control of proceedings against them.

Which, of course, is likely to be the fight here, with Trump arguing he was pursuing a legitimate election outcome as part of his official duties. Under Section 1442(a), a defendant must show both that they are the kind of person identified in the statute, involved in performance of official duties, and also that they have a “colorable” federal defense. In Trump’s case, that that colorable defense would most likely would mean he would argue that he had some type of immunity from prosecution, as a federal official.

It’s hard to predict how a federal judge would handle such an unusual and high-profile request for removal. But it seems reasonable that they might choose to hear some evidence. While a defendant doesn’t have to prove that their defense would succeed to obtain removal, they do have to show that it’s colorable, or that it’s reasonable, not entirely speculative. And, they do have to establish that they were an official involved in the performance of official duties.

re: Presidential Pardon
I have no idea whether a President could pardon someone convicted in Federal Court under State law. Never thought about it before. The crime is still certainly a state crime, not federal (you’re basically just using the federal court system to try a State case/crime). Everyone will argue Georgia criminal law. The Federal Judge will apply Georgia law. The federal jury will convict or not according to Georgia law (e.g. Did Trump violate Georgia law?). That seems like it should be the end of it and clearly be State charge/not able able to federal pardon. However, for me at least, it’s hard to get myself to quickly agree with it for some reason.

I wonder how many of Trump’s co-conspirators participated in the preparation of his Large, Complex, Detailed but Irrefutable REPORT? Will that be introduced as evidence by the prosecution or defense?

I’ll go out on a limb and predict there is no report.