Everything you need to know about Trump’s Fulton County election probe indictment

ATLANTA, Ga. (Atlanta News First) - As official word started coming down of a sweeping Fulton County indictment naming former President Donald Trump and 18 of his GOP allies for election interference, questions started to rise up.

What charges is Trump facing?

Trump is facing 13 charges in the Fulton County indictment. Those charges include RICO, solicitation and conspiracy.

If convicted, can Trump still run and be elected president?

Yes. There are only three constitutional requirements for a presidential candidate. Those requirements are being a natural-born citizen of the United States, being at least 35, and having been a resident of the United States for 14 years.

When will Trump surrender in Fulton County?

Trump, on Truth Social, said Wednesday, said he would “proudly be arrested” Thursday in Georgia.

Will a mugshot of Trump be taken?

Fulton County Sheriff Pat Labat has said if Trump were indicted, the former president would be booked and photographed at Fulton County Jail. Several of the 18 others named in the Fulton County indictment have already turned themselves in and had mugshots taken.

When will Trump be arraigned?

Fulton County District Attorney Fani Willis has proposed that Trump be arraigned the week of Sept. 5. Her arraignment proposal is also for the other 18 defendants named in the indictment. Her proposal has not been approved yet.

When could the trial start?

Willis is aiming for a March 2024 trial. She has proposed a March 4 start date — just a week before the presidential primary election in Georgia. An official trial date has not been set yet.

Who is Fani Willis?

Willis is the Fulton County district attorney who began investigating Trump and his GOP allies’ alleged attempt to overturn Georgia’s 2020 election. Willis, a Democrat, is Fulton County’s first female district attorney. She was elected after unseating six-term incumbent Paul Howard.

Who is the judge assigned to the case?

Scott McAfee has been assigned as the judge in the case. McAfee became a Fulton County Superior Court Judge in February. He was a prosecutor and state inspector general.

How does the Fulton County indictment differ from the federal indictments Trump is facing?

One of the differences between the Fulton County case and the three other federal cases against Trump is a RICO conviction in Georgia would result in mandatory jail time. Another difference is cameras are almost always allowed in Fulton County courtrooms during trials, unlike in federal courtrooms.

Can Trump be pardoned in this case?

Yes — but it would be difficult. If re-elected president, Trump would not have the power to pardon himself like he could possibly in a federal case because the Fulton County case is a state case. Gov. Brian Kemp — or a Georgia governor in general — does not have the power to pardon. Pardoning power belongs to the state’s Board of Paroles and Pardons.

What are RICO charges and how would they be applied to this case?

In Georgia, RICO has been traditionally used to prosecute people engaged in violent activity, like street gangs. Georgia’s RICO law is more expansive compared to the federal version. RICO would allow Willis to argue that there were a large number of people involved in the case. RICO was in the Atlanta public school cheating prosecution in 2015 — a case Willis prosecuted as assistant district attorney.