Former President Donald Trump’s latest indictment is not as strong as the Mar-a-Lago documents case, but remains an “enduring threat,” a former federal prosecutor told Fox News on Tuesday.
Trump was indicted on more than a dozen charges by Fulton County, Ga., Democratic District Attorney Fani Willis, including a RICO charge more often reserved for mobsters.
The Republican front-runner’s campaign responded to the charges Tuesday, citing references to Willis’ father John Floyd III having been a Black Panther; claiming she hails from a “family steeped in hate.”
On “The Story,” former Assistant U.S. Attorney for the Southern District of New York Andy McCarthy said Willis’ indictment is “remarkable” but not as strong as Special Counsel Jack Smith’s indictments at the federal level.
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However, he referenced how Trump – if convicted in Atlanta – would face a steeper path to absolution, given the Peach State’s strict pardon system.
Unlike many other states and at the federal level, in Georgia, the governor cannot himself issue a pardon upon a convict. Instead, that power is vested in a separate state board, and by law a pardon cannot be granted until five years after the convict has served his time and paid restitution.
To that end, some conservatives like Article III Project’s Mike Davis have pressed for Georgia’s Republican-majority legislature to amend the state Constitution to allow GOP Gov. Brian Kemp the power to pardon. Trump has however been an occasional critic of Kemp, especially in relation to the 2020 election timeframe being scrutinized by Willis.
“I do think [Willis’ case] is the most enduring threat for him [Trump] in that it’s a state prosecution,” McCarthy said.
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“So there’s a lot of delay that’s attendant to his strategy for attacking the federal cases because he hopes that either he or a…
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