Former prosecutor says Trump has the most criminal exposure in this investigation

Former prosecutor David Henderson on Sunday revealed the Donald Trump investigation he thinks the former president should be most worried about.

Trump continues to face myriad investigations. He faces two Department of Justice (DOJ) investigations — one into whether he improperly stored classified documents at his Mar-a-Lago residence, and the other focusing on his conduct surrounding the January 6, 2021 riot at the United States Capitol.

He also faces investigations into his businesses by New York prosecutors, with a grand jury late last year finding the Trump Organization guilty of tax evasion, although the former president was not charged in the lawsuit.

However, according to Henderson, Trump may face the most criminal exposure in an investigation led by Fulton County Georgia District Attorney Fani Willis, who is investigating whether the former president’s appeal to the secretary of state Brad Raffensperger, in which he allegedly pressed him to ‘find’ enough votes to swing the 2020 presidential election in his favor, violated the state’s election inference law.

During an appearance on MSNBC on Sunday morning, Henderson said Willis’ persistence could make the investigation more troubling to Trump than even DOJ investigations.

“I think in terms of prosecutors, he has the most to fear in Georgia because Fani Willis is not going to back down. And the arguments that we hear about prosecuting a former president are not going to be compelling for her,” Henderson told me.

He added that it’s “difficult” to say which investigation might be of most concern to Trump because he faces so many people.

Former federal prosecutor Shanlon Wu said Newsweek On Sunday, Willis’ investigation could be particularly troubling for Trump because it involves a “rather low-key set of circumstances where the evidence, as we’ve all heard, is very stark.”

“Also, very importantly, this case appears to be more advanced than any other,” he said. “They started earlier and we’ve heard about the progress. Looking at who’s going on the grand jury and who’s been subpoenaed, it looks like they’re completing at this point.”

Henderson also pointed to potential DOJ indictments related to Jan. 6 as an area of ​​’exposure’ for the former president, but said focusing on his tax returns may not be the best course of action. for prosecutors.

“We talked about taxes. We look at taxes and ask, ‘Has he committed a tax crime?’ And I don’t know if that’s the best question to ask. The best question is, ‘Is this another example of how he defrauded the public?'” Henderson said. “That’s one of the January 6 benchmarks – defrauding the United States.”

However, former federal prosecutor Peter Zeidenberg offered a different perspective in a written statement to Newsweek on Sunday.

“The greatest danger to Trump, by far, comes from the Mar-a-Lago investigation. I would be very surprised if he were not indicted in this matter within the next two months,” he wrote. .

Additionally, Wu said that while there is criminal exposure in each of these investigations, he believes the DOJ’s Jan. 6 case may be easier to win a conviction against Trump due to the “visceral” nature. ” violence.

“I think with January 6, there’s obviously a lot of appeal because we’ve all seen and experienced the violence that unfolded. As far as building connections with Trump, I think there’s a very visceral appeal,” Wu said.

He added that his actions that compelled the Georgia investigation could also come into play in the DOJ’s Jan. 6 investigation.

Trump Georgia Investigation: Latest Updates

The special grand jury investigating the attempted interference by Trump and his allies in Georgia’s 2020 election, which he narrowly lost to Joe Biden, completed its work last month, according to the ‘Associated Press last week.

The grand jury heard from a flurry of Trump allies, including Rudy Giuliani and South Carolina Sen. Lindsey Graham. Other legal experts have also suggested the case could end with an indictment against the former president or his allies. At the end of the inquest, the grand jurors will likely produce a report with recommendations for action, the AP reported.

Willis will then have to appear before a separate grand jury to pursue criminal charges, if she deems it necessary, according to the AP. Trump maintained his innocence in the Georgia investigation, as he has in every investigation.

Newsweek contacted Trump’s office for comment.

Updated 01/01/2023 1:19 PM ET: This story has been updated with comments from Wu.