With mandatory minimum sentences, charges faced by Trump in Georgia 'raise the stakes': analyst

Former U.S. president Donald Trump, is staring down a grand total of 91 criminal charges in four separate jurisdictions, which include Georgia, New York, Florida and the District of Columbia. He has used the criminal charges to shape an effective message of political weaponization against him by his opponents, which, based on recent polling data, appears to be hitting its mark. 

The latest CBS News poll shows Trump leading his closest competitor by 46 points. Yet, as political watchers are fixated on the former commander-in-chief’s expected no-show at this week's first GOP presidential debate in Milwaukee, Wis., the former real estate mogul is focused on Georgia.

The twice-impeached ex-president will make his way to the Peach State this week where he, along with 18 other co-defendants, will be booked and processed in the Fulton County Jail. Indicted in a case that involves the Racketeer Influenced and Corrupt Organizations (RICO) Act, which includes 13 criminal charges against him directly, Trump is keenly aware that the charges emanating from Georgia are uniquely different from the bevy of federal or even state charges levied in Manhattan. Some of these charges, unlike those from other cases, have mandatory minimum sentences attached.

In the indictment brought by Fulton County Prosecutor Fani Willis, Trump is charged with three counts of soliciting the “violation of oath” by a public officer. If convicted, each count carries a mandatory minimum one-year prison sentence.

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Moreover, the most serious charge of violating the state’s RICO Act does not automatically come with a prison sentence if Trump is convicted. If he is found guilty, Trump could face a prison sentence of five to 20 years and/or a fine.

Georgia’s RICO law makes it a crime to participate in a criminal enterprise through a pattern of racketeering activity, or to conspire to do so. The underlying crimes outlined in the law include making false statements, impersonating a public officer, and forgery, among others.

COULD TRUMP BE PARDONED IN GEORGIA?

The mandatory minimum sentences in Georgia certainly raise the stakes for Trump. His efforts to retake the White House appear to have morphed into a desperate attempt to outrun his legal challenges. However, because this is a state criminal case and not a federal one, there are no protections afforded to Trump as a Republican presidential candidate or officeholder.

Not even Republican Gov. Brian Kemp from Georgia, with whom Trump has publicly feuded since his 2020 election loss, can pardon him of his crimes. Unlike many other states where the power of pardon rests with the governor, Georgia is also unique in that pardons are the domain of a commission appointed by the governor. According to Georgia pardon application guidelines, "a person must have completed all sentence(s) at least five years prior to applying," and "cannot have any pending charges," among other requirements.

Some might think becoming commander-in-chief once again offers the former reality television host a get-out-of-jail-free card. But unfortunately, no such remedy exists if Trump is convicted on any of the charges in Georgia.

Meanwhile, the charges in Manhattan seem far less foreboding in comparison, as each count carries a maximum sentence of four years. Additionally, as reported by The Washington Post, legal experts say that with Trump being a first-time offender with no criminal record, it’s unclear whether he would be sentenced to prison if convicted.

TRUMP'S LATEST ACTIONS DEMONSTRATE A SENSE OF ‘ALARM’: ANALYST

Through recent actions, Trump has revealed some indication of alarm over the charges. Through his lawyers, the ex-president tried to have Willis removed from the investigation multiple times, long before an indictment was handed down. At no time during any of his other ongoing investigations did the GOP presidential nominee attempt to have prosecutors removed.

After appealing to the Georgia Supreme Court, the nine-member panel unanimously rebuffed the Republican Party front-runner in a brief ruling, stating that what Trump was looking for "is not the sort of relief that this Court affords, at least absent extraordinary circumstances that Petitioner has not shown are present here.” The members also stated that “even if the petition were procedurally appropriate, Petitioner has not shown that he would be entitled to the relief he seeks.”

Adding insult to injury, Gov. Kemp, in a post on X, formerly known as Twitter, rebuked the ex-president, saying, “The 2020 election in Georgia was not stolen. For nearly three years now, anyone with evidence of fraud has failed to come forward — under oath — and prove anything in a court of law. Our elections in Georgia are secure, accessible, and fair and will continue to be as long as I am governor.”

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Kemp, perhaps one of the most popular leaders in the Republican Party, is taking a stand and making it clear that no protection from the governor's office will likely be forthcoming. Several politicians seem to be abandoning the former president in the one state that offers no reprieve for convictions.

On Sept. 8, 1974, then-president Gerald Ford pardoned former president Richard Nixon “for all offences against the United States.” It doesn’t appear as though history will repeat itself in Trump’s case. It seems there will be no sympathetic officials absolving him of crimes committed against the state, and no safe haven granted by the electorate. Only the enforcement of justice awaits if Trump is convicted.

Alas, award-winning musician Ray Charles’ eloquent words appear to encapsulate the circumstances Trump finds himself in today.

“No peace, no peace I find. Just an old, sweet song, keeps Georgia on my mind.”