>>> LATE LAST NIGHT, DONALD TRUMP WAS CHARGED WITH 13 COUNTS ON A STATE INDICTMENT IN WHICH PROSECUTORS SAY IT WAS A CRIMINAL ENTERPRISE LED BY THE FORMER PRESIDENT TO OVERTURN THE GEORGIA ELECTION RESULTS IN 2020.

THIS IS WHAT THE FULTON COUNTY DISTRICT ATTORNEY SAID.

>> THE GRAND JURY ISSUED THIS AND I AM GIVING THE DEFENDANTS AN OPPORTUNITY TO VOLUNTARILY SURRENDER NO LATER THAN FRIDAY , THE 25th DAY OF AUGUST, 2023.

>> HERE TO BREAK DOWN THE INDICTMENT AND WHY THIS ONE MAY POSE THE BIGGEST RISK FOR THE FORMER PRESIDENT IS A FORMER FEDERAL PROSECUTOR AND A TRIAL LAWYER.

GREAT TO SEE YOU.

HOW ARE THESE CHARGES BEYOND AND SIMILAR TO WHAT JACK SMITH BROUGHT IN THE FEDERAL CASE?

>> GREAT COMPARISON , YOU PUT THEM SIDE-BY-SIDE, THE INDICTMENT BY JACK SMITH IS MUCH MORE OF A NARROW AND CAREFULLY DRAWN, HE WAS USING A SCALPEL , SHE IS USING A SLEDGEHAMMER.

SHE FIRED EVERY BULLET SHE COULD AT DONALD TRUMP, CHARGED SWEEPING CRIMES INCLUDING RICO.

JACK SMITH CAREFULLY DREW THAT INDICTMENT AND CHARGED CONSPIRACY AND NOT RICO.

DID NOT CHARGE OTHER DEFENDANTS .

CAREFULLY WROTE HIS INDICTMENT .

IT SEEMS LIKE JACK SMITH IS TRYING TO DO AN AVOIDANCE OF FIRST AMENDMENT ISSUES WHERE THE GEORGIA PROSECUTOR WAS TO THROW THE BOOK AT DONALD TRUMP AND ANYONE SHE COULD CHARGE.

>> I WANT TO GET TO RICOTHOSE STATUTES , WITH PARALLELS BETWEEN A FEDERAL PROSECUTION AND STATE PROSECUTION, DO THE FEDERAL AND STATE PROSECUTORS COORDINATE OR COOPERATE IN ANY WAY?

>> ABSOLUTELY.

USUALLY THERE IS SIGNIFICANT COOPERATION.

IN CHICAGO, I WOULD COOPERATE WITH THE STATE PROSECUTORS WHEN I WAS A FEDERAL PROSECUTOR.

WE WOULD DETERMINE IF WE ARE GOING AFTER A STREET GANG, THE FEDS WOULD TAKE ONE GROUP OF DEFENDANTS AND THE STATE WOULD TAKE ANOTHER.

OR THE STATE INVESTIGATED A CASE AND WE WOULD MAKE A DECISION IN PARALLEL.

NOT QUITE THE SAME SITUATION.

SHE THINKS THERE ARE GOOD REASONS TO DO THAT, AND HER PROSECUTION WILL BE HARDER TO SHUT DOWN IF HE IS REELECTED.

THE FEDERAL INDICTMENTS WOULD BE EASY FOR HIM TO SHUT DOWN.

THEY ARE TALKING ABOUT A SCHEDULE.

>> MAYBE THAT IS WHY THEY HAVE A DIFFERENT APPROACH.

YOU ARE TALKING ABOUT THE RICO STATUTES THAT ARE SOME OF THE CHARGES BEING THROWN AT DONALD TRUMP AND HIS CO-CONSPIRATORS .

USUALLY RESERVED FOR CRIMINAL GANGS, THE MOB, WHY HERE?

>> RICO IS USUALLY USED AGAINST MOB BOSSES.

LIKE THE TRIAL WE HAD IN CHICAGO.

THAT WAS THE ORIGINAL PURPOSE BEHIND RICO.

THE IDEA IS THAT , WHEN THERE IS A CRIMINAL ORGANIZATION, IT IS A WAY TO HAVE THE UNDERLYING CRIME , FOR EXAMPLE, IN THE STREET GANG CONTEXT, STATE CRIMES LIKE MURDER , CONTRIBUTED TO A CRIMINAL ENTERPRISE , SO THE LEADER CAN BE HELD RESPONSIBLE.

NOT ORIGINALLY FOR THIS.

IT IS MORE LIBERALLY CONSTRUED IN THE STATE.

EVEN THE FEDS APPLY THE RICO STATUTES UNDER EXTENUATING CIRCUMSTANCES.

CHARGING R. KELLY AS A RICO CASE.

THERE WAS A GROUP OF TRADERS ON A TRADING DESK CHARGED IN CHICAGO IN FEDERAL COURT AS PART OF A RICO ENTERPRISE BUT WERE FOUND NOT GUILTY.

IT ALLOWS PROSECUTORS TO BRING IN CONDUCT , TO HOLD SOMEONE RESPONSIBLE NOT PERSONALLY INVOLVED.

BUT THE DOWNSIDE IS , IT IS COMPLICATED TO PROVE AND JURORS CAN SCRATCH THEIR HEADS AND FIGURE OUT WHETHER OR NOT IT APPLIES.

>> ESPECIALLY WITH THE 18 CO-CONSPIRATORS , THIS WILL TAKE A LOT LONGER THAN THE JACK SMITH CASE.

MARK MEADOWS , THE CHIEF OF STAFF, HE WANTS TO MOVE IT INTO FEDERAL COURT, ON WHAT GROUNDS WHAT THE DEFENDANT TRIED TO DO THAT AND COULD THEY BE SUCCESSFUL?

>> THEY WOULD HAVE TO ARGUE THAT THE CONDUCT IS ESSENTIALLY PREEMPTED BY FEDERAL LAW.

IN OTHER WORDS , WHEN THE FEDERAL GOVERNMENT MAKES A LAW, STATES CANNOT HAVE THEIR OWN LAWS THAT TRUMP THE FEDERAL LAWS.

SO, THEY MAY ARGUE, THE INDICTMENT , THE ACTIONS BY THE JUSTICE DEPARTMENT, WRITING LETTERS TO SEND TO GEORGIA OFFICIALS, CONDUCT ONLY CAN BE PUNISHED BY THE FEDERAL GOVERNMENT.