Georgia election racketeering prosecution

State of Georgia v. Trump, et al.
State of Georgia v. Trump, et al.
Court	Fulton County Superior Court
Full case name	The State of Georgia v. Donald J. Trump, et al.
Charge	List of charges Violation of the Georgia RICO Act ; Solicitation of violation of oath by public officer ; False statements and writings ; Conspiracy to commit false statements and writings ; Criminal attempt to commit false statements and writings ; Impersonating a public officer ; Conspiracy to commit impersonating a public officer ; Forgery in the first degree ; Conspiracy to commit forgery in the first degree ; Filing false documents ; Conspiracy to commit filing false documents ; Influencing witnesses ; Criminal attempt to commit influencing witnesses ; Conspiracy to commit election fraud ; Conspiracy to commit computer theft ; Conspiracy to commit computer trespass ; Conspiracy to commit computer invasion of privacy ; Conspiracy to defraud the state ; Perjury ;
Citation	23SC188947 (indictment)
Case history
Prior actions	Plea bargains (pre-trial) Hall: 5 years probation ; Powell: 6 years probation ; Chesebro: 5 years probation ; Ellis: 5 years probation ;
Court membership
Judge sitting	Scott F. McAfee

The State of Georgia v. Donald J. Trump, et al. is a pending criminal case against Donald Trump, the 45th president of the United States, and 18 co-defendants. The prosecution alleges that Trump led a "criminal racketeering enterprise", in which he and all other defendants "knowingly and willfully joined a conspiracy to unlawfully change the outcome" of the 2020 U.S. presidential election in Georgia. All defendants are charged with one count of violating Georgia's Racketeer Influenced and Corrupt Organizations (RICO) statute, which has a penalty of five to twenty years in prison. The indictment comes in the context of Trump's broader effort to overturn his loss in the 2020 presidential election.

The case, one of four criminal indictments against Trump, is paused while the Georgia Court of Appeals decides whether to disqualify Fulton County district attorney Fani Willis.^[1] A hearing on that matter is scheduled for December 2024.^[2]

Four defendants pleaded guilty to some charges, agreed to cooperate with the prosecution, and received sentences including probation, fines, and making public apologies.^[3] The date of trial for the remaining fifteen defendants (who pleaded not guilty)^[4] is not yet set.

Defendants are variously charged with forty additional counts from other allegations, including: Trump and co-defendants plotted to create pro-Trump slates of fake electors; Trump called the Georgia secretary of state, Brad Raffensperger, asking him to "find 11,780 votes", which would have reversed his loss in the state by a single vote margin; and a small group of Trump allies in Coffee County illegally accessed voting systems attempting to find evidence of election fraud.

Following an investigation launched in February 2021 by Willis, a grand jury of 23 citizens handed up the indictments on August 14, 2023.^[5] The case was set to be heard in the Fulton County Superior Court with judge Scott F. McAfee presiding.^[6] Another judge denied requests from former Trump chief of staff Mark Meadows, former Department of Justice (DOJ) official Jeffrey Clark, and three other defendants to have their cases removed to federal court.^[7]

Following Trump's 2024 election to the presidency, it will have to be determined whether a state-level prosecutor can prosecute a sitting president and whether a state-level judge will hear the case.^[8]

^ Cite error: The named reference 5Jun2024CNN was invoked but never defined (see the help page).
^ Cite error: The named reference :14 was invoked but never defined (see the help page).
^ Gilo, Charlie (September 29, 2023). "Trump co-defendant pleads guilty in Georgia election case". NBC News. Retrieved September 29, 2023.
^ Murray, Sara (September 5, 2023). "All 19 defendants in Georgia election interference case have pleaded not guilty". CNN. Retrieved September 5, 2023.
^ Fausset, Richard; Hakim, Danny (August 14, 2023). "Grand Jury Hears Hours of Testimony in Election Interference Case". The New York Times. Archived from the original on August 14, 2023. Retrieved August 14, 2023.
^ Mizelle, Shawna (August 15, 2023). "Who is Scott McAfee, the judge assigned to oversee Trump case in Georgia?". CNN. Archived from the original on August 16, 2023. Retrieved August 17, 2023.
^ Cite error: The named reference :4 was invoked but never defined (see the help page).
^ Cite error: The named reference :16 was invoked but never defined (see the help page).

[5Jun2024CNN-1] Cite error: The named reference 5Jun2024CNN was invoked but never defined (see the help page).

[:14-2] Cite error: The named reference :14 was invoked but never defined (see the help page).

[NBCNews9.29.23-3] Gilo, Charlie (September 29, 2023). "Trump co-defendant pleads guilty in Georgia election case". NBC News. Retrieved September 29, 2023.

[Murray-4] Murray, Sara (September 5, 2023). "All 19 defendants in Georgia election interference case have pleaded not guilty". CNN. Retrieved September 5, 2023.

[5] Fausset, Richard; Hakim, Danny (August 14, 2023). "Grand Jury Hears Hours of Testimony in Election Interference Case". The New York Times. Archived from the original on August 14, 2023. Retrieved August 14, 2023.

[6] Mizelle, Shawna (August 15, 2023). "Who is Scott McAfee, the judge assigned to oversee Trump case in Georgia?". CNN. Archived from the original on August 16, 2023. Retrieved August 17, 2023.

[:4-7] Cite error: The named reference :4 was invoked but never defined (see the help page).

[:16-8] Cite error: The named reference :16 was invoked but never defined (see the help page).

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