Here's How Trump Beats the Georgia Indictment

AP Photo/Charlie Neibergall

Donald Trump will beat the Georgia indictment and, for that matter, all the others. There’s one caveat, however. The joke going around now is that Trump is awaiting a new indictment for taking the tags off his mattress. To beat the left’s lawfare efforts — warfare by lawyers — to get Trump no matter how ridiculous the allegation, the rule of law will still need to be intact at the federal level.

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Your skepticism is understandable.

Before you punch out of this story in disgust, you’ll want to hear out the strategy by the Article III Project’s Mike Davis, who told me on the Adult in the Room podcast (see below) that not only can Trump fight Fani Willis’s “insane” legal case, but he can win. Part of the road to victory for Trump involves ethical judges and your skepticism and rueful headshaking over the mattress tag joke.

“This is clear lawfare by the Democrats on five different fronts,” Davis said on the program.

“We had Tish James, the New York attorney general, filing a civil fraud lawsuit against Trump for the non-fraud of a businessman paying back sophisticated Wall Street banks in full with interest,” he said. Remember, James also campaigned on the promise to get Trump before she even investigated the former president and came up with her treacly case.

“And then this Soros-funded Manhattan D.A. Alvin Bragg,” Davis continued, “indicted a former president for the first time in American history and the leading presidential candidate for president and a businessman for settling a nuisance claim.  And then you have [special counsel]  Jack Smith — it’s actually Joe Biden, Merrick Garland, and Jack Smith — indicting President Trump for the Mar-a-Lago docs for the non-crime of the president having presidential documents in the office of the former president, funded by Congress with secure office space, federally funded office staff, security clearances, and Secret Service protection. And somehow that’s espionage.”

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He compared the Trump case with Biden’s document stashes in five different locations — including one accessible by a Chinese official when Biden wasn’t allowed to keep documents as vice president.

“And finally number four and five. Jack Smith and Fani Willis indicting President Trump for the non-crime of a presidential candidate objecting to a presidential election,” Davis continued. They waited until now to bring the charges, Davis said, for the sole purpose of throwing a monkey wrench into the 2024 presidential race.

“They waited 30 months to bring these charges,” he said accusatorially. “And then they say to these judges, ‘We have to hurry up right in the middle of the Republican primary and presidential election season.’ That, right there, it makes it very clear that this lawfare and election interference. This is not about justice.”

So what must be done? The move by former Trump chief of staff Mark Meadows is the way forward for Trump. Meadows has claimed immunity under the Supremacy Clause and asked for all charges to be dropped, or, at the very least, for the state case to be stayed while he pursues his federal court claim. The filing claimed: “Nothing Mr. Meadows is alleged in the indictment to have done is criminal per se: arranging Oval Office meetings, contacting state officials on the President’s behalf, visiting a state government building, and setting up a phone call for the President.” Indeed, his lawyers claim that such things were part of his job. Meadows has been given an expedited hearing on the matter on August 28. Furthermore, a state court has no jurisdiction in that matter, Davis argues. Former Justice Department official Jeff Clark and Donald Trump himself have the same claims, Davis says.

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Related: What If Trump Stops Playing Along?

Clark became the first of the 19 defendants in the Georgia D.A.’s case to oppose the sped-up trial date of March 4 and is expected to claim immunity and call for any action to be held in federal court. His attorney characterized the case against Clark by Willis as a “turgid and prolix conspiracy theory spread across 98 pages, 161 alleged overt acts, and 41 counts.”

Every lawfare act by the Democrats who have weaponized the judicial system looks more ridiculous with every filing, he explained. All it will do is make Trump stronger, he claimed.

The success of the strategy of immediately going to federal court and ultimately on a Supreme Court track is dependent on judges who believe in the rule of law and are disposed to act on it. It’s clear there are many judges and prosecutors willing to indulge the left’s lawfare, but they can’t do it forever, Davis reasons. And he believes that every lawless move strengthens Trump in the court of public opinion.

There are reasons why Davis believes Trump can use these outrageous legal moves to his political advantage.  He told me the GOP will do what he did during the Justice Brett Kavanaugh confirmation hearings when the left overplayed its hand. Davis calls this the “dead chicken” strategy, which came from a story that Supreme Court Justice Clarence Thomas told him once. More on that in the podcast below.

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“The American people are waking up. The Democrats overplayed their hand again,” he said.

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