Former Watergate prosecutor Nick Akerman flattened one of Donald Trump's lawyers, furious over the Georgia plea deals.
Writing for the Atlanta Journal-Constitution, he cited Steven Sadow's recent complaint that Fulton County District Attorney Fani Willis was improperly using the RICO laws (Racketeer Influenced and Corrupt Organizations Act) to force people into turning against Trump.
As someone who has prosecuted people under RICO statutes, Akerman called the claim nonsense.
"This so-called RICO case is nothing more than a bargaining chip for DA Willis," complained Sadow. But as Akerman explained, there's nothing wrong or illegal about using it because RICO laws come with as much as a 20-year sentence. It behooves a co-defendant with minor roles to look for a way out.
"For prosecutors and defense lawyers, bargaining for a less serious crime is standard operating procedure," explained Akerman.
He also noted that prosecutors use a similar deal after trials when a defendant is convicted and gets a big sentence. "In those instances, the convicted defendant is incentivized to enter into a cooperation agreement and testify against others to reduce the imposed sentence," he wrote. He further said that it's how Watergate was cracked, using the hefty prison sentence the Watergate burglars were about to get, one agreed to cooperate. He led them straight to Richard Nixon.
"Charging or convicting a criminal defendant of a serious crime is not the only mechanism in a prosecutor’s toolbox to force a defendant to cooperate and testify truthfully," he continued. "Under the 5th Amendment privilege against self-incrimination, a prosecutor cannot force someone with knowledge of a crime to cooperate unless the prosecutor grants that person immunity from prosecution. With immunity, a person no longer has a Fifth Amendment right to refuse to testify because what they say cannot be used to convict them of a crime. However, immunized testimony can be used to convict others of a crime."
He mentioned former chief of staff Mark Meadows. Last week, it was reported he got an immunity deal from special counsel Jack Smith in the 2020 election case. Meadows is also under indictment in Fulton County.
He also said that given the speedy trial date of March 4, 2024, there simply isn't enough time to convict Meadows first and then try and craft a plea agreement after the fact.
"In Georgia, for example, the four defendants whom the District Attorney permitted to plead to crimes other than the RICO count in return for their promise to testify, all gave recorded video statements," Akerman closed.
"This was done prior to their pleas being formally entered before presiding Judge Scott McAfee. The fact that Mr. Meadows reportedly provided similar statements about his knowledge of Mr. Trump’s plot to undermine the peaceful transfer of power prior to being granted immunity by Jack Smith has to be terrifying to Mr. Trump," he said.
