WEBVTT

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WITH THIS CRIMINAL ENTERPRISE?

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DO YOU?

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GOOD LUCK WITH THAT.

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HERE NOW TO EXPLAIN IS SOMEONE

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WHO KNOWS THE GEORGIA LEGAL

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SYSTEM VERY WELL.

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FORMER DeKALB COUNTY DISTRICT

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ATTORNEY GWEN KEYS-FLEMING AND

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PERHAPS YOU COULD HELP SOME OF

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THE FOLKS I WAS ADDRESSING WHY

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GEORGIA MIGHT BE A LITTLE

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DIFFERENT.

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WHY A PARDON EVEN IN GEORGIA

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DOESN’T COME EASILY AND IT TAKES

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A LOT OF TIME.

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COULD WE START THERE?

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>> SURE, SO GEORGIA IS ONE OF

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THE RARE STATES WHERE THE

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SITTING GOVERNOR DOES NOT HAVE

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THE ABILITY TO AUTOMATICALLY

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PARDON SOMEONE THAT’S BEEN

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CONVICTED OF A CRIME.

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THAT ABILITY LIES WITH THE BOARD

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OF PARDONS AND PAROLE AND WHILE

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THE MEMBERS ARE APPOINTED BY THE

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GOVERNOR, THEY CANNOT CONSIDER A

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PARDON OR SOMEONE CANNOT APPLY

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FOR A PARDON UNTIL AFTER THEIR

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ENTIRE SENTENCE HAS BEEN SERVED,

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PLUS THEY HAVE TO BE A

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LAW-ABIDING CITIZEN FOR AN EXTRA

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FIVE YEARS, SO IF YOU HAVE A

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SENTENCE WITH A MANDATORY

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MINIMUM OF FIVE YEARS, THAT

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SENTENCE MUST BE COMPLETED AND

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THEN YOU NEED TO STILL WAIT

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ANOTHER FIVE YEARS FOR A TOTAL

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OF TEN YEARS BEFORE THAT PERSON,

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THAT CONVICTED DEFENDANT CAN

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APPLY FOR A PARDON.

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AND THEN OBVIOUSLY IT’S WITH UP

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TO THE DISCRETION OF THE BOARD

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MEMBERS AS TO WHETHER IT BE

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GRANTED SO IT’S A VERY LONG

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PROCESS, NOT ONE THAT IS

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AUTOMATIC AND CERTAINLY NOT ONE

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THAT LIES IN THE HAND OF ONE

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PERSON THAT CAN BE EXECUTED

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QUICKLY.

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>> JUST REAL QUICK, IF FORMER

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PRESIDENT TRUMP BECOMES THE

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NOMINEE THE TRIAL IN GEORGIA CAN

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CONTINUE, CORRECT?

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>> THAT IS CORRECT.

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>> AND IF HE WINS THE PRESIDENCY

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CAN THE TRIAL CONTINUE?

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>> THAT IS CORRECT.

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I MEAN, I THINK WE HEARD FROM

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D.A. WILLIS LAST NIGHT, SHE’S

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LOOKING TO HAVE A TRIAL WITHIN

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SIX MONTHS.

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WE’LL SEE IF THAT’S PRACTICAL OR

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AVAILABLE GIVEN THE NUMBER OF

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DEFENDANTS.

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OBVIOUSLY THE TIMING IS GOING TO

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BE DICTATED BY MOTIONS THAT ARE

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GOING TO BE FILED, BY THE

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JUDGE’S CALENDAR, HOW WELL THE

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JUDGE IS ABLE TO MOVE THE CASE

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FORWARD, BUT IT SHOULD BE ABLE

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TO GO FORWARD.

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>> SO I JUST WANT TO UNDERSTAND

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GEORGIA LAW, SO EVEN IF HE’S

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PRESIDENT OF THE UNITED STATES,

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THE TRIAL CAN CONTINUE AND IF HE

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IS CONVICTED, CAN HE BE PUNISHED

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IF HE IS PRESIDENT OF THE UNITED

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STATES?

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CAN HE BE SENT TO JAIL?

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>> SO THESE ARE ALL

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UNPRECEDENTED QUESTIONS.

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WE HAVE NEVER BEEN IN THIS SPOT

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BEFORE, BUT I THINK, AGAIN, THE

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D.A.’S FOCUS AT THIS POINT IS TO

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HOLE PEOPLE ACCOUNTABLE WHERE

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SHE HAS EVIDENCE THAT THEY HAVE

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VIOLATED THE LAW.

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AND WE KNOW THAT THERE WILL BE

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VARIOUS MOTIONS AND THINGS TO

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TRY TO CHALLENGE THE EVIDENCE

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THAT SHE HAS, BUT WE’LL HAVE TO

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WAIT AND SEE WHAT HAPPENS IN

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TERMS OF IF THERE IS A

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CONVICTION AND THE TIMING OF IT.

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>> THIS FEELS LIKE A GOOD MOMENT

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TO UNDERSCORE ALSO HOW IMPORTANT

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IT WAS THAT THERE WERE CAMERAS

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IN THAT COURTROOM LAST NIGHT AND

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WE WERE ABLE -- THE NATION WAS

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ABLE TO WATCH ALONG AS TO WHAT

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HAPPENED.

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THAT WAS NOT THE CASE IN ANY OF

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THE FEDERAL COURTROOMS IN WHICH

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DONALD TRUMP HAS APPEARED IN

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RECENT WEEKS, SO KUDOS TO

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GEORGIA, LET’S HOPE THAT’S AN

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EXAMPLE THAT OTHERS EMULATE BUT,

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GWEN, I WANTED TO ASK YOU MORE.

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TELL US MORE ABOUT DISTRICT

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ATTORNEY WILLIS AT THE CENTER OF

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THIS FOR MANY NOW IN THE

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NATIONAL AUDIENCE JUST SORT OF

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GETTING TO KNOW HER IN RECENT

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WEEKS, CERTAINLY SAW A NO

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NONSENSE FIGURE SHE CUT LAST

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NIGHT.

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TALK TO US ABOUT WHAT YOU KNOW

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OF HER AND HER REPUTATION BUT

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ALSO HOW YOU ANTICIPATE SHE’S

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GOING TO HANDLE WHICH WILL BE

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THE MOST HIGH-PROFILE CASE OF

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HER OR FRANKLY ALMOST ANY

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PROSECUTOR’S CAREER.

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>> I’VE OFTEN SAID THAT D.A.

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WILLIS HAS BEEN CALLED FOR A

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TIME SUCH AS THIS.

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SHE HAS THE EXPERIENCE.

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SHE HAS WORK THE DIRECTLY IN

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THAT OFFICE IN THE FULTON COUNTY

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D.A.’S OFFICE FOR A CONSIDERABLE

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AMOUNT OF TIME AND SHE KNOWS THE

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JUDGES, THE JUDGES KNOW HER AND

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MOST IMPORTANTLY SHE IS VERY

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FAMILIAR WITH GEORGIA LAW,

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GEORGIA RULES OF EVIDENCE AND IN

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PARTICULAR GEORGIA’S RICO

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STATUTES.

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SHE IS ONE OF A FEW PROSECUTORS

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THAT’S BEEN VERY SUCCESSFUL IN

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USING THE STATUTE TO IDENTIFY

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ENTERPRISES AND IDENTIFYING THE

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TYPES OF PATTERN OF RACKETEERING

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ACTIVITY THAT VIOLATIVE OF THE

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INSTITUTE

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STATUTE.

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WHAT WE HAVE SEEN FROM HER AND

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WILL CONTINUE TO IS A DELIBERATE

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APPROACH TOWARD WHAT SHE

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BELIEVES WILL BE JUSTICE,

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HOLDING PEOPLE ACCOUNTABLE THAT

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HAVE VIOLATED THE LAW AND SHE’S

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GOING TO DO IT IN A WAY THAT

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HONORS HER OATH AND THE TRUST

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THAT’S BEEN PUT IN HER BY THE

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RESIDENTS OF FULTON COUNTY.

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SO EVERY PROSECUTOR’S OATH SAYS

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THAT WE MUST OR THEY MUST

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INVESTIGATE CASES WITHOUT FEAR,

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FAVOR OR AFFECTION AND SO SHE IS

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NOT GOING TO BE FEARFUL OF THE

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ATTACKS THAT HAVE TRIED TO BE

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LOBBIED AGAINST HER.

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SHE’S NOT GOING TO SHOW FAVOR

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FOR A PARTICULAR PARTY OR

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PARTICULAR INDIVIDUAL.

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SHE’S NOT GOING TO SHOW

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AFFECTION FOR A PARTICULAR

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OUTCOME.

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SHE’S A PROSECUTOR THAT WILL

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TAKE THE LAW AND EVIDENCE AS

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IT’S BEEN GIVEN TO HER AND SHE

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WILL FOLLOW IT WHEREVER IT LEADS

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HER.

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>> MISS FLEMING, THERE ARE 19

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INDICTED DEFENDANTS, AND WE KNOW

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THAT IN GEORGIA BEING CONVICTED

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OF A RICO CHARGE CARRIES A

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MINIMUM FIVE-YEAR SENTENCE.

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WHAT KIND OF LATITUDE, NOW

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PRESUMABLY NOT ALL OF THOSE

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DEFENDANTS AMOUNT TO THE SAME

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LEVEL OF SEVERITY WHEN IT COMES

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TO THEIR INVOLVEMENT IN THE

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ALLEGED CRIME, SO WHAT KIND OF

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LATITUDE WOULD THE JUDGE IN THE

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CASE HAVE TO DISTINGUISH

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BETWEEN, YOU KNOW, THE KINGPIN

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IN THIS CASE OR SOMEBODY WHO HAD

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HAD A KIND OF RELATIVELY MINOR

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ROLE IN IT?

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DOES THAT COME DOWN TO THE

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SENTENCING GIVEN THAT THERE IS

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THIS FIVE-YEAR MINIMUM?

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HOW DOES THAT WORK?

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>> SO, YES, ANYBODY CONVICTED OF

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RICO WOULD HAVE THAT FIVE-YEAR

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MINIMUM BUT ADDITIONAL TIME CAN

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BE STACKED BASED ON THE EVIDENCE

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THAT THE JUDGE HAD HEARD AT

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TRIAL IN TERMS OF CULPABILITY.

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>> ALL RIGHT.

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FORMER DeKALB COUNTY DISTRICT

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ATTORNEY GWEN KEYES FLEMING,

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THANKS FOR COMING ON THE SHOW