PROFESSOR OF LAW AT GEORGIA STATE UNIVERSITY AND THEN MICHAEL PRICE. ANTHONY, A PLEASURE TO HAVE YOU ON THE SHOW, WELCOME, AS FAR AS GEORGIA'S GRAND JURY PROCESS, HOW DOES THAT WORK, VERY, QUICKLY GIVE OUR VIEWERS AN IDEA OF WHAT THAT LOOKS, LIKE AND IF I'M IN THE COURTHOUSE, WHAT ARE THE HALLMARKS OF A TRUE RETURN? WHAT SHOULD I BE LOOKING FOR? >> SO IN GEORGIA, RIGHT NOW, THE FOOTING, COUNTY WE HAVE TWO GRAND JURIES THAT ONE MEETS ON, MONDAY ON TUESDAY, AND ANOTHER GRAND JURY MEETS ON THURSDAY AND FRIDAY. SO, WE CAN EXPECT FANI WILLIS TO PRESENT ONE OF THOSE TWO JURIES, AND PROBABLY TAKE TWO FULL DAYS, WORE THE AMOUNT OF A DIVIDEND SHE HAS PRESENTED TO BE PRESENTED TO ONE OF THOSE GRAND JURY, SO WE CAN PROBABLY EXPECT AN INDICTMENT BY ALL ACCOUNTS EITHER ON TUESDAY, OR FRIDAY, ALTHOUGH MANY THINK IT IS POSSIBLE. OF COURSE, THE FULTON COUNTY COURTHOUSE, PROCEDURES ARE LITTLE DIFFERENT THAN THE FEDERAL SYSTEM, WE DON'T HAVE A SEALED INDICTMENT PROCESS, AND ONE HAS ESSENTIALLY HAPPENED. AND, THE PREDICT QUICKLY -- AND DECISION. >> SO I WANT YOU TO BARGAIN WITH ME A BIT WITH, ME BECAUSE YOU AND I ARE BOTH THE SAME, THERE IS SPECULATION THAT FANI WILLIS COULD DEPLOY GEORGIA RICO, ACT THE RACKETEERING ACT AGAINST TRUMP AND SEVERAL OF HIS ALLIES. NOW, RICO, HAS IT BEEN USED IN AN ELECTION LAW STARTING BEFORE? SO IN YOUR OPINION, PROFESSOR, WILL IT BE THE PROPER APPLICATION OF GEORGIA'S RICO STATUTE IN THIS PARTICULAR INSTANCE? >> WELL, WHAT WE HAVE IN THE AFTERMATH OF THE 2020 ELECTION IS A REALLY DIFFICULT CONSPIRACY, AND PERHAPS WE COULD CALL IT A SERIES OF CONSPIRACIES. IT IS REALLY HARD, I, THINK FOR THE LAW TO IN A TON OF TRADITIONAL, SENSE APPLY THE LAW CONSPIRACY, BECAUSE ALL OF THE DIFFERENT ACTORS HERE IN GEORGIA DID NOT NECESSARILY HAVE AN AGREEMENT ABOUT WHAT THEY WERE PRECISELY DOING, SO THE REGRESSED ATTRIBUTE, IT ESSENTIALLY ALLOWS THE DNA TO -- ALL THESE DIFFERENT ACTORS TOGETHER, SHOW THEY WERE ACTING FOR COMMON UNLAWFUL CRIMINAL PURPOSE AND THEY CREATED A CRIMINAL ENTERPRISE TO OVERTURN THE ELECTION, EVEN THOUGH ALL THE DIFFERENT PEOPLE IN -- DID NOT KNOW WHAT ROLE THEY WERE PLAYING. SO, THE GEORGIA RICO STATUTE IS BROADER THAN A FEDERAL STATUTE, IT IS A -- OFTEN USED BY THE FULTON COUNTY DISTRICT ATTORNEY'S, OFFICE A VARIETY OF SETTINGS, BEYOND THE VIOLENT CRIME LOBSTER. AND, THE KINDS OF SETTINGS THAT PEOPLE GENERALLY THINK OF AS APPLYING TO. >> SO, ANTHONY, LET'S THEN TALK ABOUT THAT. LET'S TRICKLE DOWN A BIT. SHOULD WE EXPECT TO SEE ONE INDICTMENT OF DONALD TRUMP AND SEVERAL CODEFENDANTS, SEVERAL INDICTMENTS WITH MAYBE INDIVIDUAL MAYBE ONE, TWO DEFENDANTS, AND I WANTED TO ASK YOU, WE'RE PUTTING A FEW MONTHS AGO WAS THAT SOME OF THESE TARGETS FOR FANI WILLIS, THEY GOT IMMUNITY DEALS. THIS IS AN IMMUNITY DEAL IMPACT WHETHER OR NOT THEY EVENTUALLY END UP LOOKING AT AN INDICTMENT THEMSELVES? >> SO I THINK WHAT WE WILL SEE IS A LARGE NUMBER OF CODEFENDANTS IN ONE SINGULAR INDICTMENT. I THINK AT THE END OF THE DAY, FANI WILLIS WILL PROBABLY GO A DIFFERENT PATH AND THE SPECIAL COUNSEL HAS, AND ALL OF THE DEFENDANTS IN ONE PROCEEDING AND START THAT WAY. AND, THE FIRST CASE IS GOING TO BE SEVERED ON THE ROAD, AND I THINK THE OTHER THING THAT IS ESSENTIAL TO RECOGNIZE HERE, IS THAT BECAUSE OF THE SEVERITY OF RICO AND THE PUNISHMENTS THAT COME WITH A RICO CHARGE, IN ADDITION TO THE TRADITIONAL LAW VIOLATIONS, THERE MIGHT BE A SIGNIFICANT -- FOR A NUMBER OF THE PEOPLE WHO ARE NOT AT THE TOP OF THE FOOD, CHAIN TO PROVIDE EVIDENCE, AND TO FLIP AND SECURITY ELSE WITH THE DEA. SO, THAT WILL ALSO AFFECT THE PROCESS GOING FORWARD. SO I DO THINK WE ARE GOING TO SEE VERY LARGE SWEEPING INDICTMENT WITH MULTIPLE CODEFENDANTS AND YOU KNOW, WE WILL HAVE TO SEE EXACTLY WHO THOSE PEOPLE ARE. BUT, WE DO KNOW THAT A NUMBER OF THE FAKE ELECTORS DID SECURE IMMUNITY DEALS, PARTIALLY A SUSPECT THAT IS BECAUSE THEY HAD INFORMATION THAT WOULD BE USEFUL TO THE DISTRICT ATTORNEY AND BECAUSE, SOME OF THOSE INDIVIDUALS, MAY VERY WELL -- SHOW THE KIND OF CRIMINAL INTENT NECESSARY TO SUCCESSFULLY PROSECUTE THEM. >> SO, ANTHONY, DONALD TRUMP EARLY THIS MORNING, ATTACKING FUNNY RELISTEN SOCIAL MEDIA, I WILL NOT READ OR SHOW WHAT HE WROTE ON TRUTH SOCIAL, BECAUSE IT IS JUST AN BLUBBERING AS USUAL. HE DID PUT ONE THING OUT THERE THAT YOU KNOW WOULD BE INTERESTED IN, HE SAID QUOTE, AS PRESIDENT, CHALLENGING ELECTION FRAUD, MY DUTY AND WRITE AND QUOTE. PUT IT TO BED FOR US, PROFESSOR OF LAW ANTHONY MICHAEL, IS THERE A RIGHT, LEGALLY, FOR DONALD TRUMP TO DO WHAT HE DID, OR AS ALLEGED TO HAVE DONE IN THIS PARTICULAR INSTANCE? >> ABSOLUTELY NOT. WHAT HAPPENED HERE IN GEORGIA IN 80 2020 WAS CLEARLY I THINK A CRIMINAL AND CERTAINLY WAS NOT LAWFUL. WHAT HAPPENED IN GEORGIA WAS, WE HAD A GOOD JUDGMENT FOR HONEST ELECTION, THE VOTES WERE COUNTED NOT JUST ONE-TIME, BUT YOU KNOW THREE TIMES AT THAT. AND, THERE IS AN ADDITIONAL MATCHING PROCESS TO ENSURE THAT THE BALLOTS WERE NOT FRAUDULENT, GEORGE WENT THROUGH EVERY SINGLE POSSIBLE MECHANISM AND TRIGGERED EVERY POSSIBLE MECHANISM THAT WAS LAWFULLY AVAILABLE TO ENSURE THAT IT WAS ACCURATELY COUNTED, AND THE WINNER OF THE ELECTION THE TRUE WINNER OF THE ELECTION JOE BIDEN WAS CERTIFIED BY THE TIME DONALD TRUMP STARTED TO MEDDLE ENJOYED A PARTICULARLY WHEN HE WAS SECRETARY OF STATE BRAD RAFFENSPERGER AND ASKED FOR 11,000 VOTES AND CHANGE, THERE IS NO LAWFUL WAY TO CHANGE THAT. THE DEMAND HE MADE WITH SECRETARY OF STATE WAS UNLAWFUL, AND I THINK THAT IS REALLY GOING TO BE A KEY PIECE OF EVIDENCE THAT BLAMES DONALD TRUMP SIGNIFICANT TROUBLE HERE AND VOTING HEALTHY. >> AND LESS THAN A MINUTE, I WILL PULL UP ON, SCREEN YESTERDAY ON SOCIAL MEDIA YOU WROTE, DONALD TRUMP WILL NOT SEE THE INSIDE OF THE FULTON COUNTY JAIL. YOU HAD OTHER, STUFF FOR SIDE AND HAVE ENOUGH, TIME BUT I DO WANT TO, ASK IT WHY ARE YOU SAYING THAT DONALD TRUMP WILL NOT SEE THE INSIDE OF THE FULTON COUNTY JAIL? >> WELL, I THINK THERE IS TWO ASPECTS OF IT. A LOT OF PEOPLE THINK THAT DONALD TRUMP WILL GET BOTH, JUST LIKE EVERY OTHER CRIMINAL DEFENDANT HERE IN FULTON COUNTY. I THINK THAT IS JUST NOT REALISTIC. I DON'T THINK THE SECRET SERVICE IS GOING TO ALLOW DONALD TRUMP TO BE BROUGHT INTO THE FULTON COUNTY JAIL. AND, THERE ARE RUMORS THAT SEE IT CIRCULATE THAT PEOPLE THINK HE MIGHT BE SUBJECT TO A PRE-TRIAL DETENTION, AND THAT IS JUST NOT IN THE WORKS. SO, CERTAINLY, HE COULD FACE PRISON TIME AT THE END OF THE, DAY IF HE IS, CONVICTED AND THERE'S A VERY GOOD CHANCE HE WILL BE CONVICTED HERE. FULTON COUNTY IN THE EVIDENCE, BUT HE WILL NOT BE SPENDING TIME IN THE FULTON COUNTY JAIL ANYTIME IN THE NEAR FUTURE. >> PROFESSOR ANTHONY MICHAEL, YOU HAVE TO COME, BACK YOU HAVE TO GO THROUGH THE CASE AS A DEVELOPMENT. ONCE THAT INDICTMENT IS RELEASED, AND UNVEILED, I
