Title: Pondering the Prosecution of Donald Trump: What's the Chance?
Eli Haney's narrative rings true. He advocates for a special grand jury, pointing out alleged proof of Trump's potential meddling in the 2020 Georgia election administration, which is considered a criminal offense in Georgia. The crux of the case lies in the notorious January 2, 2021, phone call between Trump and Georgia's Secretary of State Brad Raffensperger.
In this call, Trump pressured Raffensperger to find Trump more than 11,780 votes, a slight edge over Biden's lead. One of Raffensperger's aides urgently texted then-White House Chief of Staff Mark Meadows to end the call. The pivotal question rests on proving Trump's illicit intentions. While Trump's defense team might argue that he sincerely believed he'd won, prosecutors will zero in on Trump's use of the term "discovery." If Trump genuinely believed in winning, why would he need Raffensperger to "discover" votes, and specifically 11,781 -- just one more than Biden's margin?
Despite Raffensperger's (as per Haney's brief) central role as a witness, he declined to testify. Raffensperger and other witnesses made it clear they'd only speak up with a grand jury subpoena. That's why a special grand jury is essential; it would give Willis the power to issue subpoenas compelling witnesses to testify.
Note that a grand jury differs from a trial jury in several crucial ways:
- Grand jury trials consist of 23 members (plus three alternates) versus a trial jury's 12 members.
- Grand juries are responsible for determining whether there is sufficient evidence to proceed with a criminal charge, typically through a majority vote.
- Instead of having to establish guilt "beyond a reasonable doubt," which is the standard in the U.S., a grand jury merely requires a "probable cause" to issue an indictment.
- The grand jury works in secret, but witnesses and, often, the public can disclose their participation and/or discussions.
Could we witness the slow pace of justice continue? Despite Willis's February 2023 grand jury call, much remains to be seen. Even if the grand jury embraces an indictment proposal, Willis must submit compelling evidence to a regular grand jury to secure a conviction, which may prove difficult given Trump's fervent base.
It remains uncertain whether Trump will be charged and, if so, whether he'll be convicted in a trial that could be broadcasted live. Unexpected challenges and legal maneuvers could arise, like attempts to oust Willis due to supposed conflicts of interest.
While the fate of Trump's legal entanglements remains murky, it's clear that Willis and Trump are in for a lengthy standoff, wherein Willis seeks a just deposition and verdict.
[1] CNN Opinion Newsletter [2] NBC News [3] edition.cnn.com
