COLUMBUS, Ga. (WRBL) — With former President Donald Trump and his political allies facing multiple charges in Fulton County, WRBL talked to a retired Columbus criminal defense attorney about the case.
Steve Craft spent nearly three decades practicing in Georgia Superior Courts.
Here’s his take on the unique nature of this case.
“Very rarely do you get elected officials, period, or government officials,” Craft said. “It’s only in recent years that you’ve seen, as in the Mark Jones incident, where the district attorney was prosecuted for misconduct in office. Some county commissioners, city officials have been prosecuted for bribe or contract influence-type things. But it’s rare in Georgia to see high-ranking senior elected officials on trial. Considering that it’s a former president. It’s not a county commissioner. It’s the former president does make it a unique kind of case.”
The former president and his alleged co-conspirators are facing RICO changes.
We talked to Steve Craft, who spent three decades practicing in Georgia Superior Courts, about the organized-crime charges.
Craft says it can be confusing, to lawyers and non-lawyers, alike.
“RICO cases are extremely challenging, and they can become very confusing, especially when lawyers are trying to explain the basis of these things to a jury,” Craft said. “I have seen RICO cases where the individual was found not guilty of every count in the indictment except the RICO count, which was based on all those other counts, and they were found guilty of RICO. Likewise, I’ve seen defendants found not guilty of the RICO violations, but guilty of some of the other counts.”
The broad nature of the Georgia indictment could benefit prosecutors.
“And this indictment has 41 criminal counts,” Craft said. “So there are plenty of counts to choose from. Should the jurors not be sure about any one particular count? They still have 41 counts to work with. And the former president is charged in 13 of those counts.”
Craft explains how the same law that is used to convict criminal street gang members can be used to prosecute those accused of trying to influence the outcome of an election.
“The RICO thing is kind of a misnomer because people think of it as like a mobster-style organized mafia boss crime,” Craft said. “RICO is really simply an ongoing criminal enterprise with multiple parties committing multiple acts to accomplish their desired goal, which in fact would be a criminal activity. So, the fact that it’s a street gang leader sending out people to steal cars or sell dope versus a politician using influence to interfere with a witness or change the outcome of the election, it’s still an ongoing enterprise.”
Right now, all of the co-defendants are scheduled to be tried at the same time. Craft believes that will change as some take plea deals or move to have their cases heard separately.
Another difference in the Fulton County case compared to the two federal indictments the former president is facing, is cameras are permitted in Georgia courtrooms.