Former prosecutor David Henderson on Sunday revealed the investigation into Donald Trump, which he believes the former president should be most concerned about.
Trump continues to face a variety of 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 regarding his conduct in connection with the March 6 riots. Concentrated in the US Capitol January 2021.
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 fraud, though the former president was not charged in the lawsuit.
However, according to Henderson, Trump could face the biggest criminal exposure in an investigation conducted by Fulton County District Attorney for Georgia Fani Willis, which is looking into whether the former president’s call to Secretary of State Brad Raffensperger, in which he allegedly urging him to find enough votes to tip the 2020 presidential election in his favor violated the state election inference law.
During an appearance on MSNBC Sunday morning, Henderson said Willis’s persistence may make the investigation more troubling for Trump than even the DOJ’s investigation.
“I think as far as prosecutors go, he has the most to fear in Georgia because Fani Willis won’t back down. And the arguments we’re hearing about prosecuting a former president won’t convince them,” Henderson said.
He added that it’s “difficult” to say which investigation is of most concern to Trump because he faces so many.
Former federal prosecutor Shanlon Wu said so news week On Sunday, the Willis investigation could be particularly troubling for Trump because it deals with a “rather discreet set of circumstances in which, as we have all heard, the evidence is very obvious.”
“Also, really importantly, this case appears to be more advanced than any other,” he said. “They started earlier and we’ve heard about the progress. If you look at who’s going on the grand jury and who’s been subpoenaed, it all seems like they’re kind of rounding it out at this point.”
Henderson also pointed to potential charges from the DOJ related to Jan. 6 as an area of ”disclosure” for the former president, but said narrowing down his tax returns may not be the best course of action for prosecutors.
“We talked about taxes. We look at taxes and ask, ‘Did he commit a tax crime?’ And I don’t know if that’s the best question. The better question is, ‘Is this another example of how he cheated the public?'” Henderson said. “That’s one of the January 6 transfers – fraud to the United States.”
However, former federal prosecutor Peter Zeidenberg offered a different perspective in a written statement news week On Sunday.
“Trump’s greatest threat undoubtedly comes from the Mar-a-Lago investigation. I would be very surprised if he weren’t charged in this case in the next two months,” he wrote.
Additionally, Wu said that while there are criminal exposures in each of these investigations, he believes that in the Jan. 6 Justice Department case, the “visceral” nature of the violence might make it easier to secure a conviction against Trump.
“I think there’s obviously a lot of attraction on January 6th because we all saw and knew what kind of violence was going on. In terms of making connections with Trump, I think it has a very visceral appeal,” Wu said.
He added that his actions in compelling the Georgia probe could also come into play in the Jan. 6 Justice Department probe.
Trump Georgia Investigation: Latest Updates
The special grand jury investigating whether Trump and his allies tried to interfere in the 2020 Georgia election, which he narrowly lost to Joe Biden, completed its work over the past month, according to the Associated Press last week.
The grand jury has heard from a number of Trump allies, including Rudy Giuliani and South Carolina Senator Lindsey Graham. Other legal experts have also suggested the case could end with indictments against the former president or his allies. After the investigation is complete, the grand jury will likely issue a report with recommendations for further action, the AP reported.
Willis must then face a separate grand jury to pursue criminal charges if she sees fit, according to the AP. Trump has maintained his innocence in the Georgia probe, as he has in every probe.
news week has reached out to Trump’s office for comment.
Update 1/1/2023 1:19 PM ET: This story has been updated with comments from Wu.
https://www.newsweek.com/former-prosecutor-says-trump-has-most-criminal-exposure-this-probe-1770631 Former prosecutor says Trump has most criminal revelations in this investigation