What the Fulton County judge could do

Now that President Trump has been indicted in Georgia, a Fulton County judge could do what all judges do, which is jail his court's defendant until trial date.

Such an act would send shockwaves through the Trump Campaign, the 2024 election, and America. The Fulton County judge could decide to jail President Trump ensure that Trump doesn’t leave Atlanta or Fulton County. 

Here’s why.

In criminal cases in Fulton County, Georgia – as well as in such cases throughout our nation, judges who officiate at the arraignment portion of a trial routinely order alleged criminals held in custody, in jail, until their case comes to trial.   This occurs when the presiding judge determines that the loss of any amount of money would not be a deterrent against to the charged potential criminal taking flight from Fulton County, Georgia. 

Currently, there are more than 400,000 to 500,000 people – the number varies, depending on the source – charged with crimes who are being detained pre-trial, even while they are still “legally” innocent.  Many are jailed because they can’t afford the bail. There are hundreds of thousand cases where the judge set an exceptionally high bail just to ensure they cannot flee the jurisdiction. 

However, pre-trial detention also applies to those charged who are deemed a flight risk, regardless of how high – or low – bail is set.  There are even no-bail situations – where prisoners are held just to make sure they don’t disappear into the woodwork of our jammed-up legal system.

Now consider the following:

Former President Donald Trump is not a resident of Georgia. His primary residence is in Palm Beach Florida, at Mar-A-Lago, while his secondary residence is in Trump Tower in Manhattan.  This makes Trump a “flight risk,” at least in the narrow definition of someone who might flee the jurisdiction of Fulton County, Georgia. This is exacerbated by the realization that the former president also owns a former jet airliner, a Boeing-manufactured 757-200, proudly named “Trump Force One.”

The Donald even has armed Secret Service bodyguards whose mandate is to use deadly force if necessary to protect a president’s life. Knowing this, what Fulton County or Georgia police officer would dare draw his or her gun in an attempt to stop Trump from departing Fulton County, even if this is in violation of a local judge’s order?

Highlighting both his immense wealth and his “magic carpet” sky mansions, always on call should he decide to flee the jurisdiction, this former airliner – now tricked out lavishly – has, according to Wikipedia, two Rolls-Royce RB211 turbofan engines … it is configured to seat 43 people. It has a dining room, a bathroom, shower, bedroom, guest room, and galley. Many fixtures are plated in 24k gold …

This aircraft ownership – Trump also owns a 1997 Cessna Citation X, which – when built – was the fastest business jet on earth.  This “personal air force” gives the former president the unique power to act on his potential for being a flight risk.  Trump is a self-proclaimed billionaire, with a media-reported multi-billion dollars in relatively liquid assets.  Literally no amount of bail is enough to force Trump to stay in Georgia to await trial, especially if the former president thinks he might lose in this case and wind up being jailed during his presidential campaign.

The President’s plane, a Boeing 757 “Dash 200” variant, was built in 1991 as an airliner designed to carry 200 passengers comfortably over a range of 4,700 statute miles.  With fewer passengers, Trump Force One might have an even greater non-stop range.  This capability would, if he chose to flee, allow him to literally fly to the North Pole, or to the equator, or more practically, to Morocco, London, Paris or Oslo.  There are literally hundreds of foreign cities within range of Trump Force One. Do I think he’ll flee to some foreign destination where money talks and big money talks very loudly?  No.  Does that mean a judge in Fulton County might not see this as a risk? 

Yes!

This brief list defines some of the “whys” that Trump could become, or at least legally be seen as a “flight risk” in the eyes of the presiding judge.

Now, set aside the current judge and consider this. If you were the presiding judge in this Georgia case, and you knew that it was your bounden duty to ensure that the indicted “criminal” shows up for his day in court, what would you do about a man who, at least on paper, could appear to be a legitimately potential flight risk, what would you do? Here’s what the judge is facing:

  • Former President Donald Trump doesn’t live in Georgia
  • The president personally owns an airliner-like airplane, with a range in excess of 4,700 miles, making being a “flight risk” a real possibility
  • Valued at anywhere from a low of “just” $2.5 billion (Forbes) to a Trump-estimated wealth of $9.0 billion, the Orange Man is far too wealthy to make any measure of bond a deterrent
  • As a former president, he has the best armed protective-detail bodyguards in the world, ready to act to help the president of the United States go anywhere, in the U.S. or outside the U.S. 
  • Does anybody really believe that Trump would meekly agree to being incarcerated even before he was tried and found guilty?

But you, as presiding judge in a criminal matter – a charge that defies any notion of “freedom of speech” – are responsible to ensure the alleged and formally charged “criminal” shows up for his day in court, at least six months in the future.  Would you turn a blind eye to allowing this alleged criminal who has the ways and means to leave the state, and even the country, and who could then refuse to return to Georgia for his trial?  Legally, you have a positive responsibility to ensure that any and every charged individual turns up for his or her day in court. 

So, would you put former President Donald J. Trump in jail, awaiting trial? 

The media I monitor isn’t raising this issue.  I don’t know if the lame mainstream press is also exploring this potential issue, but in their shoes, I’d be afraid to give this judge any ideas.

In Conclusion:  This Fulton County/Atlanta charges could be the most fascinating – and challenging – of the four sets of charges Trump now faces.  So don’t be surprised if this demands that Trump appear in court, without explaining why.  Then, upon arrival, the judge remands Trump into custody, to be held without bail until the trial begins.  What that would do to his campaign is literally unpredictable, though I expect all of us following this campaign has his or her own opinion. 

What I do feel certain about – if Trump is elected, and is sworn in, he will exercise his authority to pardon himself of federal charges, and call on the U.S. Supreme Court to immediately review the ruling, and the charges, which smack of a Constitutional violation of the guarantee of free speech. 

Trump knows that if this charge holds, not even a sitting president has the power or right to pardon anybody for state or local crimes.  Since Trump clearly believes all of the charges are bogus – a belief millions of his supporters share – pardoning himself is only sensible.   This could lead to “interesting” elections in states where the president is charged, giving a leg up to governors and gubernatorial candidates who pledge to pardon Trump if elected.

About Ned Barnett:  Ned became politically active around age 13, attending a rally for conservative Republican Presidential candidate Barry Goldwater.  For years later, as President of the Georgia Federation of Teen-Aged Republicans, he met Nixon during his campaign, and held a fund-raiser for his local Congressman in his parent’s basement.  Eight years later, he served as head of news media and strategy for the South Carolina Republican Party, working on the Ford campaign with the late, great Lee Atwater.   He was active, behind the scenes, in the Reagan campaigns.  In all, Ned has worked as state head of news media and strategy on three Presidential-level campaigns.

More recently, Ned has begun drafting a book for conservatives on how to win an election campaign.  Following the fade-out of the Tea Party grass-roots movement, that had Ned becoming the Nevada – and the Clark County/Las Vegas – Director of Communications, Ned has been working with writers and with start-up businesses in realms from ghostwriting, editing and promoting books to creating an effective “brand” for start-up businesses or product lines for existing businesses.  In his career he has published 40 successful books – and he’s working on six more – along with 17 ghostwritten books.

Ned can be reached at Barnett Marketing (www.barnettmarcom.com), which he is currently rewriting, from head to toe.  Contact Ned at 702-561-1167, or nedbarnett51@gmail.com.

Image: Pixabay / Pixabay License

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