This is a follow up to my article on Sunday predicting who would get named when the Fulton County election indictments came down. It was expected the grand jury would meet on Monday and Tuesday and hand out indictments Tuesday afternoon. However, things went quicker than expected, and following an extraordinary late session for the grand jury (going to about 8 pm), the indictments were handed down, and then published a couple hours later. You can read the sprawling, nearly 100 page indictment HERE.
19 individuals are indicted, 41 counts, with all the defendants charged with multiple counts. The first count is the most significant. Willis did indeed bring bring the RICO hammer down. All 19 defendants are charged under RICO, accused of being part of the same criminal conspiracy/enterprise to overturn the results of the Georgia election by illegal means. The indictment lists a mind boggling 161 acts in furtherance of the criminal enterprise.
So let’s look at the 19 charged:
- Donald Trump, former President (13 counts): Included within this are Trump’s role in creating and submitting the false electors and electoral college certificates, his phone call to Raffensperger demanding that he “find” the exact votes needed, knowingly filing false statements in court, and a letter to Raffensperger in September 2021 demanding that he decertify the election. Trump is mentioned dozens of times in the RICO section as he is clearly presented as the head of the criminal enterprise.
- Rudy Giuliani, attorney for Trump (13 counts): Basically presented as Trump’s Chief Lieutenant in the criminal enterprise.
- John Eastman, attorney for Trump (10 counts).
- Mark Meadows, Trump’s Chief of Staff (2 counts).
- Kenneth Cheesebro, attorney for Trump (7 counts).
- Jeffrey Clark, attorney in DOJ (2 counts).
- Jenna Ellis, attorney for Trump (2 counts).
- Ray Smith, attorney for Trump (12 counts)
- Robert Cheeley, attorney for Trump (10 counts, including perjury)
- Michael Roman, Trump campaign staffer involved in fake electors scheme (7 counts)
- David Shafer, Chair of Georgia Republican Party at the time, fake elector who also filed the fake certificates (7 counts)
- Shawn Still, Georgia Senator, fake elector (7 counts)
- Stephen Lee, Pastor involved in effort to intimidate election worker Ruby Freeman (5 counts).
- Harrison Floyd, martial arts fighter involved in effort to intimidate election worker Ruby Freeman (3 counts).
- Trevian Kutti, publicist for Kanye West involved in effort to intimidate election worker Ruby Freeman (3 counts).
- Sidney Powell, attorney for Trump involved in conspiracy to breach Coffee County voting machines (7 counts)
- Cathleen Latham, fake elector also involved in breach of Coffee County voting machines (11 counts).
- Scott Hall, bail bondsman involved in breach of Coffee County voting machines (7 counts).
- Misty Hampton, senior election official in Coffee County involve in breach of voting machines (7 counts).
At least eight of the 19 charged are attorneys. Many of them are on the list of six un-indicted (so far) coconspirators Jack Smith’s indictment referred to. Naming the attorneys as defendants greatly complicates any reliance on an advice of counsel defense because that accuses those attorneys of advising the commission of criminal acts. Keep in mind that invoking the advice of counsel defense also waives any attorney/client privilege.
You may think some face minor charges (though all are felonies). However, keep in mind that all the defendants are charged with violating RICO, which carries a five year minimum. There is a real chance that many of the defendants take plea deals that include dropping the RICO charges against them. That is part of the power of RICO.
Time to compare the results with my article on Sunday predicting who would be indicted. I started by stating that some of the six un-indicted coconspirators from Smith’s indictment of Trump would be included. In fact, five of the six were included with only Boris Epshteyn managing to avoid the Georgia RICO bullet. The five are Rudy Giuliani, John Eastman, Kenneth Cheesbro, Jeff Clark, and Sidney Powell.
I named 11 people I thought had a good chance of being charged. Of those eight were charged. Two of three on my list who were not charged are Katherine Friess and Bernie Kerik, who I described as “less likely than some others” to be indicted. The third on my list but not indicted is Paul Maggio, an I/T specialist working for Sidney Powell very much involved in the Coffee County voting machines breach. I strongly suspect he is an un-indicted coconspirator who avoided prosecution by agreeing to testify against Powell.
Mark Meadows was charged and was in a list of additional names I said could be.
I guessed that about six fake electors would be charged. In fact, only three were. It’s known that many others cooperated under immunity agreements.
There were people charged who I did not name in my prior article. These include Trump attorney Jenna Ellis who pushed Georgia legislators to reverse election results. It should be noted that as part of a deal to end Bar disciplinary action against her, Ellis previously admitted to numerous knowingly false statements about the election.
Others I did not mention include some Georgia players, Ray Smith, Robert Cheeley, Michael Roman, Stephen Lee and Harrison Floyd. However, I would like to take some credit for the last two. They were both involved with Trevian Kutti’s intimidation of Ruby Freeman. When discussing Kutti I pointed out there must be other, “as yet unheard names,” involved.
Fani Willis has secured a sweeping and bold indictment. The case is complex and will likely take sometime to go to trial. It is one that no president can grant a pardon for, and for that matter, no governor. In Georgia the governor does not have any pardon power. It resides in a board and even that board cannot exercise it until the sentence has been served.
I conclude with some bad poetry.
There once was a DA named Willis,
Whose investigation of Trump caused some stillness,
Many thought it was taking too long,
But she kept digging and staying strong,
And finally, her indictment caused thrill-ness!
