Litman pointed out that more than 15 possible defendants, as well as a racketeering case that Willis has mentioned, requires quite a bit of prosecuting.
Litman cited an adage from Eisen about prosecutors that go overboard. "They screw up and they don't keep it simple, stupid. And they do try to throw in stuff, and they don't have a solid story. All those things that mark a good prosecutor.
"I'm worried ...that there is a strong risk, that she is really coming out of the box strong in Aug. with a total, sprawling, mess of a case of the sort that at least historically, huge defendants, complicated charges, don't have a happy history."
Eisen made it clear how important it is to keep cases as simple as possible.
"You know, DOJ classically over-charges and I would love that as a defense lawyer," Eisen, a former impeachment lawyer explained.
"I will say, however, that Fani Willis is likely to do a big, sprawling RICO case because it was a big, broad conspiracy to overturn the 2020 election," he continued. "The charges must fit the crime."
RICO refers to the Racketeer Influenced and Corrupt Organizations Act and is often used for mafia cases, traffickers and other forms of organized crime.
Litman stepped in, saying that Willis could do what Smith has done and zero in on specifics. He does concede that Willis' case is more involved than just Trump.
"But you could zero in on the strong-arming and thuggery of the Jan. 2 call and the like," Litman said. "RICO is basically alleging that it's a criminal enterprise, not a snap-shot of different crimes, but like, a moving picture of a criminal business rocks into the core. And it just strikes me as a recipe for complications. Added onto the 15-plus people."
Eisen thinks that Willis has proven that she can do it with her history of successful prosecutions.
"I think she's preparing this case as if democracy depends on it," said Eisen. "And you know what, Harry? Depending on how these federal cases go, it just might depend on her and [Alvin] Bragg."
He explained that he sees the Georgia case, along with the criminal case in New York involving hush money payments and Jack Smith's two federal cases, as the "four horsemen of the Trumpocalypse."
See the discussion with the analysts below or at the link here.
The Three Amigos (Harry, Norm, and Andrew) go Way Deep on the INDICTMENT
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