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I think that some of the cases are more likely to be successful. i think the case involving the classified documents is a case that has fairly straightforward elements to it. if, in fact, the facts that are alleged are true, that s a very difficult case to defend. i think these other cases involve speech and really the president s mental state. to say that he knew that he had lost the election is going to be very difficult to prove. there were people around him who said he lost. there were people who said he didn t lose, it was stolen. i think to show his mental state in both the federal election case as well as this election case is going to be very difficult. congressman, it s chris jansing here. there s legal and there s the political. outside of the courthouse yesterday, after he was inside that courthouse, former georgia lieutenant governor jeff duncan talked about the opportunity he thinks this indictment presents for your party. let me play that. ....
Federal prosecutors, including chris christie, have been very disparaging of this indictment, of willis using rico. have you tried a rico case? tell us why the rico law in georgia is very different from the federal rico law and why it specifically could be tailored as a powerful weapon for this case. it s not very different from the federal rico law. our rico law here in georgia was patterned after the federal rico law. there are things around enterprise you have to prove under federal law that you don t have to under state law. it s pretty much the same thing. this is an opinion, right? some people will say that using rico in a case like this is like using a sledgehammer to kill an ant. some people say it s not, that it s a powerful tool that allows you to bring in assorted criminal activity and some activity that s not criminal but perhaps may be unethical and tell the whole story. right? ....
Know. u.s. attorney, southern district of new york, assistant attorney general of the united states, a doj, and for him to actually issue the statement and claim that this prosecution, of him and others, is causing irrevocable harm to american democracy and justice is asinine. what the charges say is giuliani undermined the justice system for their own profit and in this case i think a pathetic search for relevance to maintain relevance. i would assert that not charging these offenses with this level of evidence would actually be the act that undermines democracy and justice. joyce, you tweeted out today that rico does not have a mandatory minimum sentence. and a question a lot of people who believe that donald trump has done wrong, that he has been a threat to democracy, have been waiting for a moment when they believe he will be brought to ....
At least in the state case, she s flipped a couple people who are known to be talking. so that has to be very concerning, right, to donald trump? he has someone in the oval office heard and saw everything, talking. a close reading of the indictment suggests strongly that there are a number of insiders. one of the most difficult things for prosecutors to do generally is to get inside, get inside the boardroom, get inside the warehouse. in this case, get inside the oval office. but if you read the indictment carefully, it seems like she has accomplished that. she has people who are apparently cooperating. i don t know if they flipped. that suggests they may have had some criminal exposure. that may not be true. it may just be witnesses. but a careful reading suggests there are some insiders, some may have exposure, some not, and their testimony is going to be ....
When you stand back and look at it, things you see this potential crime, that potential crime, but ultimately the prosecutor has to bring it together and prove it was done as part of a scheme. rico allows you to tie it together. i don t know that you could successfully prosecute this many individuals for a broad array of crimes like this until you did use rico. robert james, good to have you on the program. thank you for being with us. joining us now, devlin barrett, frank figliuzzi and former u.s. attorney joyce vance. joyce, i want to pick up with rico. when you think of it, you think of organized crime. this is what the indictment reads. trump and the other defendants charged in this indictment refused to accept that trump lost and they knowingly and willfully joined a conspiracy to unlawfully change the outcome of the election in favor of trump. that conspiracy contained a ....