What’s Next for Trump After Being Charged With Racketeering in Georgia

Donald Trump was indicted in Georgia on charges of racketeering and a dozen other offenses. The indictment painted a picture of a sweeping criminal enterprise to undo Joe Biden’s 2020 victory in the state.

Here’s what to watch as the case goes on:

When will Trump surrender?

Fulton County District Attorney Fani Willis gave Trump and the other 18 defendants 10 days, until Aug. 25, to voluntarily surrender. In the three other criminal cases against Trump, no mug shot was taken. But experts said that would be a departure from standard practice in Georgia, where he will also be fingerprinted.

Veterans of the Georgia court process said Trump’s lawyer will likely request what is known as a consent-bond, which would allow Trump to immediately be released on certain conditions. The alternative is to appear within 72 hours for a bond hearing, where a judge will decide whether he is a flight risk or otherwise poses a danger to the community.

How would court proceedings take shape?

A defendant in Georgia can move to waive his or her arraignment. If Trump does this, he wouldn’t be required to appear at an early hearing where a prosecutor formally presents the charges against him.

From there, the defendants are virtually assured to file a number of pretrial motions that could delay the case—and change its contours. They may request that some of the counts against them be dismissed, leading to pretrial hearings.

Some legal experts expect Trump’s lawyers to request that the case be moved to federal court on the grounds that it involves actions that Trump took while serving as president. His former chief of staff, Mark Meadows, made such a request on Tuesday, arguing that because the conduct alleged in the indictment was clearly within his duties, the charges against him should be dismissed or at the very least moved to federal court.

“This is precisely the kind of state interference in a federal official’s duties that the Supremacy Clause of the U.S. Constitution prohibits, and that the removal statute shields against,” lawyers Joseph Englert and George Terwilliger wrote in a court filing.

Experts say a similar move would have several advantages for Trump, including a larger and more politically diverse jury pool from outside Democratic-leaning Atlanta. Willis’ prosecutors could still try the case in the federal venue.

But such requests, made within the first 30 days of charges, haven’t been granted to Trump in the past. A judge in July declined to move his New York state hush-money prosecution to federal court, finding that he wasn’t carrying out his presidential duties when allegedly reimbursing money paid to silence a porn star.

When would a trial start? 

Willis said on Monday that she wants to try all 19 defendants within six months, which legal experts say is unlikely, given the expected lengthy pretrial litigation involving a large group of defendants.

With so many people named in the indictment, scheduling will be hard. For Trump himself, it could be even harder, as he is facing the prospect of three other criminal trials that will likely begin within months of each other—especially as the 2024 presidential contest heats up. 

How would that shape the campaign? 

Instead of deciding how to divide his time between the campaign trail and court, Trump is merging the two, making the courtroom central to his campaign.

Trump has remained the front-runner in the GOP primary, with the nomination process set to kick off in January. Trump’s team is mapping out ways for him to remain in public view, should he be tied up in court.

Plans include using social media, including live evening events and prerecorded policy videos. 

Jack Smith, the Justice Department special counsel who has indicted Trump on separate, federal election-interference charges in Washington, has requested a Jan. 2 trial date. If accepted by a judge, that could delay the timing of Willis’ case in Georgia.

Will the Georgia charges impact Jack Smith’s case?

Possibly. Smith’s recent federal indictment of Trump for allegedly seeking to overturn the 2020 election hits some of the same themes as the Georgia case, and relies on many of the same witnesses and facts. Several of the people charged in Georgia, including Trump-allied lawyers Rudy Giuliani, John Eastman

The overlap creates a situation where some witnesses, if summoned to testify in the federal trial, may invoke their Fifth Amendment right against self-incrimination, knowing what they say could be used against them in Georgia, legal experts said. 

The two cases happening at roughly the same time also makes witness availability to testify challenging.

Trump’s lawyers could also try to use discovery evidence shared with them by prosecutors in Georgia to try to weaken Smith’s case. For example, they could focus on inconsistencies in witness statements before the Georgia grand jury when questioning those same witnesses during Trump’s trial before Smith, legal experts said.

Willis on Monday wouldn’t say whether she had been in touch with Smith’s team, but she previously suggested that they had been operating independently.

“It could go very smoothly if Willis and Smith work well together, and they understand they both have one goal, and that’s justice,” said Barb McQuade, a former U.S. attorney for the Eastern District of Michigan. “But they have genuine strategic differences of opinion, so they will have to work together to try to figure out what’s best going forward.”

What has Trump said about the case?

Trump, on his Truth Social platform, declared the investigation a witch hunt.

Trump said Tuesday that he would hold a news conference next week to present a report on the election in Georgia. “They never went after those that Rigged the Election. They only went after those that fought to find the RIGGERS,” he said.

No evidence of widespread fraud was found in Georgia, despite recounts and several court cases that were dismissed or withdrawn.

Write to Sadie Gurman at [email protected]