The expansive indictment against former President Donald Trump in Georgia’s RICO case, which encompasses 18 additional co-conspirators, including figures like Rudy Giuliani and Mark Meadows, has legal experts conjecturing about the potential for some of these individuals to turn on Trump and collaborate with the prosecution. The co-defendants face charges related to a conspiracy to overturn the 2020 election results.
The consensus among experts is that this large number of individuals could offer the prosecution a valuable opportunity to secure cooperation from those seeking favorable outcomes, such as shorter sentences, by providing information on Trump’s alleged involvement.
Anna Cominsky, a law professor at New York Law School, emphasized the commonality of having unindicted co-conspirators in complex cases, highlighting that some individuals might remain uncharged due to weak evidence or their cooperation with authorities.
Legal analysts speculate that the inducement for cooperation is strong in this case, especially given the severity of potential sentences for racketeering and conspiracy charges. Sarah Krissoff, a former federal prosecutor, believes that the use of the particular statute for this case, combined with the numerous individuals charged, increases the likelihood of co-defendants cooperating in an effort to safeguard their own interests.
Fulton County District Attorney Fani Willis is predicted to leverage this incentive to encourage cooperation, applying pressure on co-defendants who might be considering providing information in exchange for more lenient treatment.
Tristan Snell, founder of Main Street Law, suggested that former Trump attorney Jenna Ellis might be a possible candidate to cooperate, citing Trump’s tendency to distance himself from individuals he’s supported. Snell noted that such distancing has historically resulted in people flipping against Trump.
Stan Twardy, a lawyer at Day Pitney and former US Attorney for the District of Connecticut, acknowledged the uncertainty surrounding who might choose to cooperate among the co-defendants. He highlighted the potential for individuals to decide to collaborate with the government between now and the eventual trial, mentioning the example of state electors who agreed to testify for immunity.
The overarching sentiment among legal experts is that the substantial number of co-conspirators offers the prosecution a unique opportunity to potentially gather crucial information that could reshape the dynamics of the case and lead to cooperation against Trump.