The Georgia indictment co-conspirators: Who and why
Updated: 9:49 PM EDT Aug 16, 2023
A Georgia grand jury indicted Former President Donald Trump on Monday. In what is now his fourth criminal indictment, Trump faces felony racketeering and conspiracy charges for his role in attempting to interfere with the 2020 presidential election in the state. Along with the former president, the indictment names 18 co-conspirators. The 96-page indictment asserts these individuals formed "a criminal enterprise" with the goal of keeping Trump in office. While the charges for each defendant vary based upon their alleged role in this effort, they were all charged with violating Georgia's Racketeer Influenced and Corrupt Organizations (RICO) Act — an unpardonable offense, if convicted. Familiar faces Some of the co-conspirators are familiar names: Rudy Giuliani, Trump's personal attorney and former mayor of New York City, for example, faces 13 charges — the same number as the former president — for his alleged role. Giuliani's indictment on the RICO charge is particularly notable, given he rose to prominence in the 1980s for using racketeering charges to prosecute organized crime. Mark Meadows, the former White House chief of staff, faces two charges, including solicitation of violation of oath by a public officer. The indictment notes several instances where Meadows met with officials from various states and other members of the "enterprise" to advance the plan to overturn election results. The details of charges against less familiar names, however, help to reveal a multi-pronged effort to overturn election results and the breadth of those believed to be involved. The fake electors plot Central to the effort to keep Trump in office was a plan to introduce fraudulent pro-Trump electors in seven swing states: Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin. These electors would sign certificates falsely stating Trump, not Joe Biden, had won their states. For engineering this strategy, attorneys John Eastman and Kenneth Chesebro face nine and seven charges, respectively. Each has been charged with conspiracy to commit the following crimes: forgery, false statements and writings, impersonating a public officer, and filing false documents. It is alleged Jeffrey Clark, a former Justice Department official, and Trump had entered an agreement — later abandoned — for Clark to assume the role of attorney general and then issue a letter on behalf of the Justice Department recommending states convene to select new electors. Clark is charged with criminal attempt to commit false statements and writings. Michael Roman, the director of Election Day operations during Trump's 2020 reelection campaign, is facing seven charges for his role in the plot, including, as outlined in the indictment, directing individuals "to contact state legislators in Georgia and elsewhere on behalf of Donald John Trump and to encourage them to unlawfully appoint presidential electors from their respective states." In Georgia, 16 people are known to have met and fraudulently signed documents purporting the state's presidential electors. However, only three were charged in this case. In May, the Associated Press reported that eight fake electors accepted immunity deals. The three individuals charged for acting as fake electors are Cathy Latham, chair of the Coffee County Republican Party; Georgia state Senator Shawn Still; and David Shafer, chair of the Georgia Republican Party. All three face charges that include impersonating a public officer. Influence campaign Another element of the alleged scheme was a widespread and coordinated influence campaign. According to the indictment, Trump attorneys Jenna Ellis and Ray Smith, alongside Giuliani and, on some occasions, Trump himself, solicited officials in multiple states to unlawfully appoint pro-Trump presidential electors. During at least one of these meetings in Georgia on Dec. 3, 2020, the document asserts the actions of Ellis, Giuliani, and Smith constitute a violation of the felony offense of solicitation of violation of oath by a public officer. At that same meeting, false statements made by Smith and Giuliani are alleged to violate the felony offense which prohibits making false statements and writings to a government agency. This law, Georgia Code § 16-10-20, is the same offense committed when making a false police report or a false statement when applying for public assistance. For these, and other offenses, Ellis is facing two charges and Smith is facing 12. Similarly, there were efforts to promote the belief in widespread voter fraud. Robert Cheeley, a Georgia attorney who falsely claimed at a legislative hearing that election workers were double- and triple-counting votes, is charged with eight different crimes, including perjury — the crime of lying under oath. Accessing election equipment Despite legitimate recount efforts underway in the state, this indictment asserts that Misty Hampton, the former Coffee County elections supervisor, and Scott Hall, a bail bondsman, helped Trump attorneys and other Trump allies access election equipment. They are each facing seven charges, including conspiracy to commit election fraud. After gaining access with the help of Hampton and Hall, the indictment claims several of the defendants "stole data, including ballot images, voting equipment software, and personal voter information." Sidney Powell, another lawyer, is alleged to have entered into an agreement with a forensic data firm, which then performed analysis on the unlawfully accessed election equipment and information. For this action and others, Powell faces seven charges, including conspiracy to commit election fraud and conspiracy to defraud the state. Intimidating election officials To further bolster the group's unfounded claims of voter fraud, the document alleges there was an effort to intimidate election officials. Stephen Lee, a Lutheran pastor from Illinois; Harrison Floyd, a former mixed martial arts fighter and leader of the group "Black Voices for Trump"; and Trevian Kutti, once a publicist for rapper Ye, formerly known as Kanye West, are all accused of attempting to pressure or intimidate Georgia election workers. This effort included an attempt to pressure Fulton County election worker Ruby Freeman to admit to committing election fraud, despite not having done so. All three defendants are charged with violating the Georgia RICO Act, conspiracy to commit solicitation of false statements and writings, and influencing witnesses. The facts Despite a growing number of conservatives who believe the 2020 election was illegitimate, to date, no state has found evidence of any widespread or systemic fraud capable of changing the election results. Even Trump-appointed attorney general and lifelong Republican Bill Barr has repeatedly said the Department of Justice has found no evidence of voter fraud that would have changed the outcome of an election. Former President Trump lost the state of Georgia to President Joe Biden by 11,779 votes. The state conducted two recounts: one at the request of the Trump campaign and another as required by state law in the case of close elections. All three vote counts concluded with Biden winning the state. There is no law prohibiting convicted felons from running or assuming office. This means, regardless of the outcome of this case, or the other three cases currently pending against the former president, Trump could still become president if elected in 2024. All defendants, including the former president, have until noon on Aug. 25 to turn themselves in. Upon surrender, defendants will be booked, and mugshots will be taken.Carla O is a ‘Hiring Our Heroes’ military fellow with the Hearst Television National Investigative Unit in Washington, D.C. She served in the U.S. Marine Corps from 2018-2023. Tamika Cody, Jackie DeFusco and Reid Bolton contributed to this story.
A Georgia grand jury indicted Former President Donald Trump on Monday. In what is now his fourth criminal indictment, Trump faces felony racketeering and conspiracy charges for his role in attempting to interfere with the 2020 presidential election in the state.
Along with the former president, the indictment names 18 co-conspirators. The 96-page indictment asserts these individuals formed "a criminal enterprise" with the goal of keeping Trump in office. While the charges for each defendant vary based upon their alleged role in this effort, they were all charged with violating Georgia's Racketeer Influenced and Corrupt Organizations (RICO) Act — an unpardonable offense, if convicted.
Courtesy CNN and Hearst Television
All 19 defendants in the recent Georgia election interference indictment.
Familiar faces
Some of the co-conspirators are familiar names: Rudy Giuliani, Trump's personal attorney and former mayor of New York City, for example, faces 13 charges — the same number as the former president — for his alleged role. Giuliani's indictment on the RICO charge is particularly notable, given he rose to prominence in the 1980s for using racketeering charges to prosecute organized crime.
Mark Meadows, the former White House chief of staff, faces two charges, including solicitation of violation of oath by a public officer. The indictment notes several instances where Meadows met with officials from various states and other members of the "enterprise" to advance the plan to overturn election results.
The details of charges against less familiar names, however, help to reveal a multi-pronged effort to overturn election results and the breadth of those believed to be involved.
The fake electors plot
Central to the effort to keep Trump in office was a plan to introduce fraudulent pro-Trump electors in seven swing states: Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin. These electors would sign certificates falsely stating Trump, not Joe Biden, had won their states.
For engineering this strategy, attorneys John Eastman and Kenneth Chesebro face nine and seven charges, respectively. Each has been charged with conspiracy to commit the following crimes: forgery, false statements and writings, impersonating a public officer, and filing false documents.
It is alleged Jeffrey Clark, a former Justice Department official, and Trump had entered an agreement — later abandoned — for Clark to assume the role of attorney general and then issue a letter on behalf of the Justice Department recommending states convene to select new electors. Clark is charged with criminal attempt to commit false statements and writings.
Courtesy CNN and Hearst Television
Former Justice Department official Jeffrey Clark, one of 19 defendants in the Georgia indictment.
Michael Roman, the director of Election Day operations during Trump's 2020 reelection campaign, is facing seven charges for his role in the plot, including, as outlined in the indictment, directing individuals "to contact state legislators in Georgia and elsewhere on behalf of Donald John Trump and to encourage them to unlawfully appoint presidential electors from their respective states."
In Georgia, 16 people are known to have met and fraudulently signed documents purporting the state's presidential electors. However, only three were charged in this case. In May, the Associated Press reported that eight fake electors accepted immunity deals.
The three individuals charged for acting as fake electors are Cathy Latham, chair of the Coffee County Republican Party; Georgia state Senator Shawn Still; and David Shafer, chair of the Georgia Republican Party. All three face charges that include impersonating a public officer.
Influence campaign
Courtesy CNN and Hearst
Trump attorneys Jenna Ellis and Ray Smith, defendants in the Georgia indictment.
Another element of the alleged scheme was a widespread and coordinated influence campaign. According to the indictment, Trump attorneys Jenna Ellis and Ray Smith, alongside Giuliani and, on some occasions, Trump himself, solicited officials in multiple states to unlawfully appoint pro-Trump presidential electors. During at least one of these meetings in Georgia on Dec. 3, 2020, the document asserts the actions of Ellis, Giuliani, and Smith constitute a violation of the felony offense of solicitation of violation of oath by a public officer.
At that same meeting, false statements made by Smith and Giuliani are alleged to violate the felony offense which prohibits making false statements and writings to a government agency. This law, Georgia Code § 16-10-20, is the same offense committed when making a false police report or a false statement when applying for public assistance. For these, and other offenses, Ellis is facing two charges and Smith is facing 12.
Similarly, there were efforts to promote the belief in widespread voter fraud. Robert Cheeley, a Georgia attorney who falsely claimed at a legislative hearing that election workers were double- and triple-counting votes, is charged with eight different crimes, including perjury — the crime of lying under oath.
Accessing election equipment
Despite legitimate recount efforts underway in the state, this indictment asserts that Misty Hampton, the former Coffee County elections supervisor, and Scott Hall, a bail bondsman, helped Trump attorneys and other Trump allies access election equipment. They are each facing seven charges, including conspiracy to commit election fraud.
After gaining access with the help of Hampton and Hall, the indictment claims several of the defendants "stole data, including ballot images, voting equipment software, and personal voter information."
Sidney Powell, another lawyer, is alleged to have entered into an agreement with a forensic data firm, which then performed analysis on the unlawfully accessed election equipment and information. For this action and others, Powell faces seven charges, including conspiracy to commit election fraud and conspiracy to defraud the state.
Intimidating election officials
To further bolster the group's unfounded claims of voter fraud, the document alleges there was an effort to intimidate election officials.
Stephen Lee, a Lutheran pastor from Illinois; Harrison Floyd, a former mixed martial arts fighter and leader of the group "Black Voices for Trump"; and Trevian Kutti, once a publicist for rapper Ye, formerly known as Kanye West, are all accused of attempting to pressure or intimidate Georgia election workers.
This effort included an attempt to pressure Fulton County election worker Ruby Freeman to admit to committing election fraud, despite not having done so. All three defendants are charged with violating the Georgia RICO Act, conspiracy to commit solicitation of false statements and writings, and influencing witnesses.
The facts
Despite a growing number of conservatives who believe the 2020 election was illegitimate, to date, no state has found evidence of any widespread or systemic fraud capable of changing the election results. Even Trump-appointed attorney general and lifelong Republican Bill Barr has repeatedly said the Department of Justice has found no evidence of voter fraud that would have changed the outcome of an election.
Former President Trump lost the state of Georgia to President Joe Biden by 11,779 votes. The state conducted two recounts: one at the request of the Trump campaign and another as required by state law in the case of close elections. All three vote counts concluded with Biden winning the state.
There is no law prohibiting convicted felons from running or assuming office. This means, regardless of the outcome of this case, or the other three cases currently pending against the former president, Trump could still become president if elected in 2024.
All defendants, including the former president, have until noon on Aug. 25 to turn themselves in. Upon surrender, defendants will be booked, and mugshots will be taken.
Carla O is a ‘Hiring Our Heroes’ military fellow with the Hearst Television National Investigative Unit in Washington, D.C. She served in the U.S. Marine Corps from 2018-2023. Tamika Cody, Jackie DeFusco and Reid Bolton contributed to this story.