Fulton County DA Fani Willis has put forth a sprawling case against Donald Trump, but legal experts and critics say its scope and specificity could be a problem.
Legal experts said the difference in strategy comes with some advantages: District Attorney Fani Willis’s sprawling case will allow Fulton County prosecutors to tell the jury a story of a broad conspiracy to reverse election results in multiple states and build a forceful narrative of Trump’s actions in concert with numerous aides, lawyers and local officials.
that many view as protected speech under the First Amendment. She will also have to convince a jury that Trump and others knew what they were saying was false, and that they are not protected by the fact that in many instances they were following the advice of their lawyers.
Willis explained at a news conference late Monday that “overt acts are not necessarily crimes under Georgia law in isolation, but are alleged to be acts taken in furtherance of the conspiracy. Many occurred in Georgia, and some occurred in other jurisdictions and are included because the grand jury believes they were part of the illegal effort to overturn the results of Georgia’s 2020 presidential election.
The state case is also distinct in that it could continue even if Trump is elected president again in 2024 “The law is completely nonpartisan,” she said. “That’s how decisions are made in every case. To date, this office has indicted, since I’ve been sitting as a district attorney, over 12,000 cases. This is the 11th RICO indictment. We follow the same process: We look at the facts, we look at the law, and we bring charges.”
The charging methods employed by Willis and Smith may come down to practical considerations. Former New York City prosecutor Karen Friedman Agnifilo said the sweeping nature of the indictment Willis obtained from a grand jury reflects the fact that she spent 2½ years evaluating the conduct of Trump and his co-defendants, while the Justice Department had a narrower window in which to build a case.
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