Trump and Allies Unlikely to Receive Pardons in Georgia on RICO Charges
Former President Donald Trump and 18 of his allies indicted on RICO (Racketeer Influenced and Corrupt Organizations Act) charges might face difficulties in receiving pardons in the state of Georgia, according to legal experts. While President Trump, if re-elected, could potentially pardon himself for federal crimes, this power does not extend to the state level. Even Georgia Republican Governor Brian Kemp does not hold the authority to grant pardons.
The responsibility for pardons in Georgia lies with the State Board of Paroles and Pardons, as the state constitution was amended in the 1940s to strip governors of this power. The five-person board, appointed by the sitting governor every seven years, is intended to ensure an independent evaluation of pardon applications.
Michael Mears, a professor at Atlanta’s John Marshall Law School, explains that obtaining a pardon in Georgia is extremely challenging under the current board’s rules. Convicted individuals must serve their full sentence before being eligible to apply for a pardon, and they must wait five years from the completion of their sentence to do so. Mears believes it is unlikely for the board to change these rules, as it would require amending the state constitution, which necessitates a two-thirds majority vote in both the state House and Senate, as well as approval from voters in a general election.
Even if Trump and his allies succeed in getting their case moved to federal court by petition, Georgia law would still apply. The potential benefit of such a move would be a broader jury pool compared to Fulton County, where the current case is being heard.
While the article emphasizes the challenges Trump and his allies might face in obtaining pardons in Georgia, it also presents the perspective that it is theoretically possible for the legislature to return pardon power to Georgia governors. However, this scenario is deemed unlikely due to the substantial voting requirements involved in amending the state constitution.
In conclusion, legal experts suggest that it will be arduous for Trump and his associates to secure pardons in Georgia for the RICO charges they are facing. The strict rules established by the State Board of Paroles and Pardons, combined with the significant barriers to changing these rules, make it improbable that pardons will be granted. The potential move to federal court, while offering a broader jury pool, does not alter the applicability of Georgia law.
