Legal experts say there are good reasons why Fani Willis and Jack Smith are taking wildly different approaches to prosecuting Trump over election interference
pecial Counsel Jack Smith and Fulton County District Attorney Fani Willis are each prosecuting Donald Trump for the same fundamental alleged crime: conspiring to overturn the 2020 election and cling to power despite knowing he lost. But they are taking fundamentally different approaches, made clear in the indictments they secured against the former President this month.
That may also help to explain why Smith eschewed charging Trump with inciting an insurrection on Jan. 6, 2021, when a mob of his supporters stormed the U.S. Capitol. Indicting him on those grounds, legal experts say, would tangle the prosecution in First Amendment arguments that could provide Trump more room to maneuver.
In fact, the case is unlikely to be resolved before voters cast ballots next year. “When you have 19 total defendants, you will have 19 potential motions,” says Jeremy Saland, a former Manhattan prosecutor. “You’re going to have motions to sever. You're going to potentially have 19 motions to dismiss.
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