JUSTIN WEBB: With Donald Trump’s latest charges, brought by the state of Georgia, the former President faces the only case he can’t stop or avoid… his only option is to win
Donald Trump used to tell a story at his rallies about how to force journalists to reveal their sources. His suggestion was to stick them in jail where they might become the ‘bride’ of another prisoner. The crowd would cheer and he would laugh. He no longer tells this joke about rape in prison, perhaps because he doesn’t find it as funny now.
The ex-President faces four major trials next year where he will answer four sets of indictments comprising 91 separate charges. The scope of the legal jeopardy he faces is huge.
And the latest charges – brought by the state of Georgia, not by the Justice Department in Washington DC – have the potential to be more damaging than the others.
For a start, this is the only trial that will be televised. Depending on when it is scheduled to be heard, it will become the most important story in America just as the presidential campaign is getting under way.
All the defendants – including Trump himself – are facing a minimum of five years in jail if convicted.
Racketeering charge: Trump waves as he plays golf in New Jersey this week
Donald Trump makes his way inside the Manhattan Criminal Courthouse in New York on April 4
That is because Trump and his team are charged under Georgia’s Racketeering Act. This was originally used to bring down organised crime gangs, and to be successful the prosecutor does not have to prove that the boss of an organisation has himself bashed anyone over the head, or tied them to a chair and pulled out their fingernails, or tried to fiddle with the results of an election.
READ MORE: Trump misspells ‘indicted’ as he lashes out on Truth Social against fourth criminal case levied against him
They don’t even need to prove that the alleged crime was ordered by the boss. All they have to prove to the satisfaction of a jury is that the boss, the Tony Soprano figure, seems to be at the top of a group of people who are breaking the law.
That is why the Georgia indictment matters. It is hard to defend and it comes with jail-time inescapably attached in a way that none of the other indictments does.
But it also matters because the main avenue to a successful defence is blocked for the Trump team. That avenue is not legal, it is political.
With every new indictment, Donald Trump has increased his support among Republicans. He is highly likely to be the party’s presidential candidate for 2024. And as President he can have charges dropped or pardon himself. With the Georgia case, that is not an option. He has no power over a state prosecution and conviction, it is something he cannot stop. Even the Republican governor of Georgia has no power to pardon until after a sentence is served. True, it would be difficult to prosecute a sitting President, but they could wait. It would not go away.
Folks, it looks as if there is only one way for Donald Trump to avoid going to the Atlanta penitentiary. He must win the case.
The sun sets on the Fulton County Courthouse, Monday, August 14, in Atlanta, Georgia as court officials in Atlanta published a list of criminal charges against former President Donald Trump
And of course, that may happen. The Georgia indictment – unlike the other three – is highly complicated and takes in a large group of defendants, including some of his closest allies. It could fall apart. The jury could determine that all of this is really about politics – that the law has been stretched to meet a political ambition to down the former President.
But equally, it could be that those ‘allies’ begin to feel a little sweaty under the collar as they contemplate their own future. Not just prison – but the huge cost in legal fees of staying out of it. Money that could have been spent on college funds for their kids.
Donald Trump promised recently: ‘If you go after me, I am coming after you.’ They are all going after him now. In New York, in Miami, in Washington DC and now in Atlanta. He will need all his powers, all his energy, and all his luck, to keep his enemies at bay.
Justin Webb presents the Americast podcast on BBC Sounds
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