State of Georgia v. Trump, et al. | |
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Court | Fulton County Superior Court |
Full case name | The State of Georgia v. Donald J. Trump, et al. |
Charge | List of charges
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Citation | 23SC188947 (indictment) |
Case history | |
Prior actions | Plea bargains (pre-trial)
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Court membership | |
Judge sitting | Scott F. McAfee |
| ||
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Business and personal 45th and 47th President of the United States Incumbent Tenure
Impeachments Civil and criminal prosecutions |
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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.
Four defendants pleaded guilty to some charges, agreed to cooperate with the prosecution, and received sentences including probation, fines, and making public apologies.[1] The date of trial for the remaining fifteen defendants, who pleaded not guilty,[2] 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 Fulton County district attorney Fani Willis, a grand jury of 23 citizens handed up the indictments on August 14, 2023.[3] The case was set to be heard in the Fulton County Superior Court with judge Scott F. McAfee presiding.[4] 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.[5]
The case is one of four criminal indictments against Trump. On December 19, 2024, the Georgia Court of Appeals disqualified Willis from prosecuting the case.[6] The case had been paused while the court decided this issue.[7] As the court did not dismiss the case, another prosecutor could take Willis's role; however, it will have to be determined whether a state-level prosecutor can prosecute a sitting president (as Trump will be from January 2025) and whether a state-level judge will hear the case.[8]
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