The indictment in Georgia vs. Donald Trump and 18 others sets out activity that is political, but not criminal. It goes hand-in-glove with the recent effort to criminalize lawful political speech and legal advice, in stark violation of constitutional rights to Freedom of Speech, Right to Petition the Government for Redress of Grievances, and the Right to Counsel. Lawyers everywhere should be sleepless over this latest stunt to criminalize their advocacy. This is a legal cluster-bomb that leaves unexploded ordinance for lawyers to navigate in perpetuity. Dr. Eastman will challenge this indictment in any and all forums available to him.
Example of When Rule 801 May Come Into Play
Let’s consider a criminal trial scenario to illustrate how Rule 801, specifically the co-conspirator exception under Rule 801(d)(2)(E), might come into play. Scenario: Drug Trafficking Conspiracy Trial Defendants: Alice and Bob are on trial for allegedly conspiring to distribute illegal drugs. Prosecution’s Strategy: The prosecution wants to prove that Alice and Bob were working together