By: Donald V. Watkins
Copyrighted and Published on August 15, 2023
Last night, Donald Trump was indicted on 13 felony charges by a Fulton County, Georgia grand jury, including the serious charge of engaging in racketeering conduct.
A total of 19 defendants were indicted on 41 charges. Here are the 19 defendants:
Donald Trump, former U.S. president
Rudy Giuliani, Trump lawyer
Mark Meadows, White House chief of staff
John Eastman, Trump lawyer
Kenneth Chesebro, pro-Trump lawyer
Jeffrey Clark, top Justice Department official
Jenna Ellis, Trump campaign lawyer
Robert Cheeley, lawyer who promoted fraud claims
Mike Roman, Trump campaign official
David Shafer, Georgia GOP chair and fake elector
Shawn Still, fake GOP elector
Stephen Lee, pastor tied to intimidation of election workers
Harrison Floyd, leader of Black Voices for Trump
Trevian Kutti, publicist tied to intimidation of election workers
Sidney Powell, Trump campaign lawyer
Cathy Latham, fake GOP elector tied to Coffee County breach
Scott Hall, tied to Coffee County election system breach
Misty Hampton, Coffee County elections supervisor
Ray Smith, Trump campaign attorney
Additionally, there are 30 unindicted co-conspirators in Trump's Georgia criminal case.
Trump is Facing Nearly Insurmountable Odds in His Four Criminal Courts
At 77-years-old, Donald Trump is facing two state and two federal indictments that allege a total of 91 felony counts of criminal offenses against him. The 41 new charges create nearly insurmountable odds for Trump and his co-defendant to win the case.
Presently, Special Counsel Jack Smith, Manhattan District Attorney Alvin Bragg, and Fulton County, Georgia District Attorney Fani T. Willis have Donald Trump tagged as a criminal defendant and bogged down in triangulated takedown scenario.
Donald Trump is now facing hundreds of years of possible imprisonment upon conviction. At Trump's age, this outcome is equivalent to a death sentence, assuming Trump dies of natural causes while imprisoned.
If Trump is imprisoned in a New York or Georgia state prison facility, he would run a high risk of dying from a “shanking” (stabbing), beating, or poisoning that is administered by fellow inmates. Trump’s Secret Service protection detail and his expected isolation from the general inmate population would not be enough to prevent this possible outcome.
Based upon my extensive litigation experience in high-profile criminal cases, I have ranked Donald Trump's chances of prevailing in his four criminal cases, from easiest defense victory (No. 1) to hardest victory (No. 4). My rankings assume that Trump is represented by competent defense counsel, which is a mighty big assumption in his case:
1. The Miami classified documents case
2. The Manhattan “hush money” payment case
3. The Washington January 6th case
4. The Atlanta RICO case
For the reasons discussed in my August 3, 2023, article, I do not believe that a courtroom victory on all 91 felony counts is possible for Donald Trump.
Prosecutors Have the Strategic Advantages in Trump’s Criminal Cases
The three prosecutors in Donald Trump’s four criminal cases have the strategic advantages in these cases. They have used every technique at their disposal to maximize their chances of winning a conviction and imprisoning Donald Trump.
First, they have Donald Trump trapped in a scenario where he is fighting for his life in judicial venues that are located in four states, all at the same time.
Second, prosecutors only need a single "guilty" verdict on any one of the 91 felonies in order to imprison Donald Trump. In contrast, Trump must win a “not guilty” verdict or a mistrial on every one of the 91 felony counts in order to avoid imprisonment.
Third, Fani Willis has secured an Indictment in Georgia that includes a RICO count against all 19 defendants. A RICO count is hard to defeat. Furthermore, all of the defendants will be tried together.
The only defendant who has the financial wherewithal to fight aggressively during the anticipated 6 to 8 months-long trial is Donald Trump. The legal fees, alone, would likely bankrupt Trump's 18 co-defendants.
Against this backdrop, the practical choices for Trump's 18 co-defendants are: (a) plead "guilty" or (b) accept the appointment of a public defender. Public defenders are notoriously weak, meek, and ineffective. As such, I expect to see a slew of guilty pleas from Trump's co-defendants. Fourth, Special Counsel Jack Smith has already "flipped" multiple members of Trump’s circle of legal advisors. These attorneys are now witnesses against Trump in his federal cases in Miami and Washington.
Winning the Presidential Election is Trump’s Only Ticket Out of a Death Sentence
Donald Trump has only one option available to him for saving his life – he must win the 2024 presidential election. Losing the election is not an acceptable option for Trump.
If Trump wins the presidency, which is highly probable, he will surely pardon himself on all federal charges/convictions.
Trump will also use the awesome powers of the American presidency to pressure the state pardons and parole boards and governors of New York and Georgia to grant him a full and unconditional pardon, which they will do.
At this point, Donald Trump is fighting for his life. His back is against the wall. This is a "do or die" moment in history for Trump.