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With Dismissal in Florida, Trump's Biggest Legal Danger Is In Georgia

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Even as President Trump Cannot Dismiss or Pardon; Also Faces RICO and More

WASHINGTON - eTradeWire -- With the dismissal of his criminal case in Florida, on grounds which could  lead to a dismissal of the criminal case in Washington, the criminal indictment against Trump now is clearly the biggest legal danger he faces.

That, at least, is the assessment of public interest law professor John Banzhaf, whose filing of a complaint led to the criminal indictment of Trump in Fulton County, Georgia
Law Professor's Complaint Leads to Investigation Into Trump's 'Find 11,800 Votes' Call (https://www.law.com/dailyreportonline/2021/02/0...)

The reasons why this criminal case is so much more dangerous than all the others was spelled out in a legal analysis almost a year ago.
Trump's Most Dangerous Indictment Triggered by Activist Professor; No President Can Pardon, and GA's RICO Can Engulf Vast Enterprise

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and even years earlier in:
Trump at 'Substantial Risk' of State Charges in Georgia (https://www.yahoo.com/news/report-trump-substantial-risk-state-210500665.html)

This state indictment presents more real danger to Trump - legally, politically, and otherwise - than the two federal indictments for several reasons:
■ Neither Trump himself, nor any other Republican (or even Democrat) who is elected president, can pardon him, nor promise pardons to persuade potential witnesses not to cooperate or testify
■ The indictment's inclusion of Georgia's extra powerful RICO statute will permit Willis to introduce into evidence many witnesses and documents which otherwise could not be presented
■ Georgia's RICO statute mandates (a judge has no discretion) a minimum prison sentence of 5 years, and a pardon can't come before serving at least 1/3 of this sentence
■ Because televising of the trial is permitted in Georgia without exceptions, more people will become interested, and will see and hear day-by-day and directly all that Trump has done
■ The large number of those facing unpardonable major felony charges, and career-ruining embarrassment from a televised trial, makes it likely that some will "flip" and testify against Trump (some already have)

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■ The fact that the county in which the Georgia case will be tried is overwhelmingly Democratic, plus that a trial by a county DA will not present the same disturbing optics of a major presidential candidate and former president being prosecuted by his likely rival with the vast resources of the federal government, makes a conviction of the former president much more likely in Georgia

It also seems that the Supreme Court's ruling that a president enjoys considerable immunity, which appears to undermine the remaining federal case against Trump, will not affect his trial in Georgia.  See detailed analysis in:
Trump's Immunity Probably Doesn't Help Much re the Georgia Indictment - Majority Notes GA Case Involves Different Facts, Says Law Prof Who Triggered Charges (http://prsync.com/george-washington-university/donald-trumps-immunity-probably-doesnt-help-him-much-in-georgia----supreme-court-majority-notes-ga-case-involves-different-facts-4187415/)

http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf

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Source: Public Interest Law Professor John Banzhaf
Filed Under: Legal

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