Law professor behind Trump Georgia RICO case says his election victory makes it 'even weaker'

"It is very unlikely that courts — including, if necessary, the U.S. Supreme Court — would permit a local state criminal trial to proceed against a sitting president or even against a president elect."

Published: November 6, 2024 1:13pm

Updated: November 6, 2024 2:19pm

A George Washington University law professor credited with spurring Georgia's investigation into President-elect Donald Trump's "find 11,800 votes" directive to Secretary of State Brad Raffensperger in 2020 says Trump's second election makes the RICO case against the future president "even weaker."

It's the "only criminal case against Donald Trump of any remaining consequence" and is now "very unlikely to go to trial for at least four years," John Banzhaf, who filed the Georgia complaint a month after the Jan. 6, 2021, Capitol riot, wrote in a press release Wednesday.

Even if Trump's lawyers can't get just-reelected Fulton County District Attorney Fani Willis disqualified from the prosecution, for her romantic-financial relationship with a special prosecutor she hired for the case, "it is very unlikely that courts — including, if necessary, the U.S. Supreme Court — would permit a local state criminal trial to proceed against a sitting president or even against a president elect," Banzhaf wrote.

And even if the case could continue against co-defendants including former White House chief of staff Mark Meadows and Trump’s former personal lawyer Rudy Giuliani, Willis "may be reluctant to continue" against anyone given her weakened position, he speculated.

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