Watch: Ex-federal prosecutor predicts Jack Smith will 'absolutely' indict 6 Trump allies
Although special counsel Jack Smith and Fulton County, Georgia District Attorney Fani Willis are both prosecuting election interference cases against former President Donald Trump, their criminal indictments different in some important ways.
Willis, unlike Smith, is using RICO laws to prosecute Trump. And Willis has indicted a long list of Trump allies as co-defendants; Smith's election interference case, so far, doesn't have any indicted co-defendants — only unindicted co-conspirators.
But MSNBC legal analyst and former federal prosecutor Glenn Kirschner is confident that Smith will be indicting some co-defendants in his election interference case.
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Appearing on Brian Tyler Cohen's YouTube show "The Legal Breakdown" in late December, Kirschner told the host, "We know that in the Trump indictment.... there are six unindicted co-conspirators. Now, they are listed, they are described, but they're not named. But we basically know who they are."
Kirschner told Cohen they "include people like Mark Meadows, and Rudy Giuliani, and Sidney Powell, and John Eastman, and Kenneth Chesebro."
Former White House Chief of Staff Meadows, former New York City Mayor Giuliani and attorneys Powell, Eastman and Chesebro are among the co-defendants in Willis' sweeping case. Powell and Chesebro have made plea deals with the Fulton County DA's Office, avoiding prison by entering "guilty" pleas and agreeing to fully cooperate with Willis and her team. Meadows, Giuliani and Eastman, however, have not made plea deals in that case.
Kirschner predicts that Smith will "absolutely" be indicting "six" Trump allies, telling Cohen, "You have heard me say before, I am not a betting man. I am not a high roller; one dollar is my betting limit. I would bet the full buck on those six unindicted co-conspirators being indicted…. (Smith) will absolutely, in my opinion, indict those six, though perhaps, he's waiting for Donald Trump's trial to run its course first."
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Cohen mentioned the fact that no members of Congress have been criminally indicted for their efforts to help Trump overturn the 2020 presidential election results. But Kirschner believes they should be.
The former federal prosecutor told Cohen, "I think the Department of Justice is falling down on the job…. There are insurrectionists in Congress who have not been held accountable for their crimes. Some of them are still in Congress trying to kill us from within, kill our democracy. And I wish I had an answer to the question: Why haven't they been dealt with."
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