Top RICO lawyer: Trump’s Georgia trial will move to federal court. Here’s why.
One of the nation’s top RICO lawyers, who has over 40 years of experience litigating high profile criminal cases, said Donald Trump’s Georgia election trial will take place in a federal courtroom. Here’s why:
Buddy Parker, a partner with Maloy, Jenkins, Parker, predicts that Trump’s legal team will successfully make a motion to move the case to federal court. Parker said they will argue the case must be moved because the actions described in the indictment took place while Trump was President.
This will need a full screen slate cause it’s audio only. Here’s a picture of him. https://www.mjplawyers.com/buddy-parker9fa64224
Buddy Parker – Maloy, Jenkins, Parker tc 1:11
“As an officer of the United States being charged with a violation of the law of the state of Georgia, under concepts of federalism, a officer of the United States can, on motion, require the case to be transferred to the United States District Court,” Buddy Parker told SAN in an interview.
Parker says Fulton County District Attorney Fani Wilis would still prosecute the case under Georgia state statutes, but it would be heard by a District Court Judge under the federal rules of evidence and criminal procedure. Trump’s legal team requested his New York hush money case be moved to federal court. But Judge Alvin Hellerstein denied the motion because he said the 34 charges brought by Manhattan DA Alvin Bragg were not related to a president’s official acts.
Parker tc 3:26
“That’s not going to be the case in Atlanta, because he was the President of the United States at this time. And so he’s going to prevail in transferring the case.”
Parker explained while Willis had success in other RICO cases, she is inexperienced in a federal courtroom.
Trump and 18 others were charged Monday in a 41 count indictment that included: Racketeer Influenced and Corrupt Organizations Act or RICO.
The RICO charge means the defendants are accused of a conspiracy that (quote on screen) “contained a common plan and purpose to commit two or more acts of racketeering activity.”
“The prosecutors have to show that someone in that organization, like Donald Trump, committed these two predicate acts. And what those are, are certain types of crimes that are identified in the statute,”
The defendants are accused of joining together, or forming an organization, to unlawfully change the outcome of an election.
“And that’s one of the things that makes the RICO statute so powerful. It allows prosecutors to bring in sort of a wide variety of evidence about a single or organization and use that to show a series of racketeering acts the prosecution thinks happened,” Meixner said.
There are unindicted co-conspirators in the Trump Georgia case. Meixner says they could be cooperating with the prosecution and may have worked out plea deals. STraight from DC, I’m Ray Bogan.