this post was submitted on 15 Aug 2023
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cross-posted from: https://sh.itjust.works/post/2916091

Former US President Donald Trump has been charged with attempting to overturn his 2020 election loss in the state of Georgia.

He and 18 others have been indicted on counts that include racketeering in a 41-charge document issued by a Fulton County grand jury.

The indictment marks the fourth time Mr Trump has been criminally charged this year.

He has denied the accusations in all cases.

Fulton County District Attorney Fani Willis launched an investigation in February 2021 into allegations of election meddling against Mr Trump and his associates.

The list of defendants indicted late on Monday night includes former Trump lawyer Rudy Giuliani, former White House chief of staff Mark Meadows, former White House lawyer John Eastman and a former justice department official, Jeffrey Clark.

The indictment says the alleged co-conspirators "knowingly and willfully joined a conspiracy to unlawfully change the outcome of the election in favor of Trump".

The charge sheet also refers to the defendants as a "criminal organization", accusing them of a number of crimes, including:

False statements and writings
Impersonating a public officer
Forgery
Filing false documents
Influencing witnesses
Computer trespass
Conspiracy to defraud the state
Theft and perjury.

The most serious charge, violating the Racketeer Influenced and Corrupt Organizations Act (Rico) Act, is punishable by a maximum of 20 years in prison.

The act - designed to help take down organised criminal syndicates like the mafia - helps prosecutors connect the dots between underlings who broke laws and those who gave them marching orders.

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[–] [email protected] 19 points 10 months ago (5 children)

Is it true that if he's found guilty of these charges he can't be pardoned?

[–] [email protected] 22 points 10 months ago (1 children)

I think its that the governor can't pardon him, Georgia has a pardon board that would be able to pardon him if they so chose.

[–] [email protected] 51 points 10 months ago (2 children)

Yeah, but the really cool thing (in this particular case, not in general) about Georgia's pardon regulations are:

  • You must have completed all sentence(s) at least five (5) years prior to applying.

  • You must have lived a law-abiding life during the five (5) years prior to applying.

  • You cannot have any pending charges.

  • All fines must be paid in full.

I can see Trump having problems with every single one of requirements, plus he can't even apply until five years after he's served his sentence.

[–] [email protected] 4 points 10 months ago

In other words: this is a pathway for a reformed person to scrub a past felony off of their record, rather than a get-out-of-jail free card

[–] [email protected] 11 points 10 months ago* (last edited 10 months ago) (1 children)

He could not be federally pardoned, no. The State of Georgia can also pardon individuals of state crimes, but this requires the applicant has paid all fines amongst other requirements like being a law abusing citizen for over five years after serving their sentence. The governor cannot pardon.

[–] [email protected] 29 points 10 months ago (1 children)

other requirements like being a law abusing citizen for over five years.

Trump has been a law abusing citizen for his whole life!

[–] [email protected] 1 points 10 months ago

and Trump supporters would like to have anyone who says that abused

[–] [email protected] 5 points 10 months ago

Correct, because they are state charges. Presidents can only pardon federal crimes.

[–] [email protected] 4 points 10 months ago

As I understand it yes. State crimes cannot be pardoned by the Federal level.

[–] [email protected] -5 points 10 months ago

The President can’t pardon state charges like these. The governor of Georgia could.