After news broke on Monday night of Donald Trump’s indictment in Fulton county, Georgia, attention quickly turned to the possible spectacle of a trial unfolding on television as a former president attempts to rebut charges of racketeering and conspiracy over his efforts to overturn the results of an election.
But before the district attorney Fani Willis can have the opportunity to make her case against Trump with the cameras rolling, she must first clear a key procedural hurdle to keep the case in Fulton county. Trump’s legal team is expected to rely on a little known legal statute to argue the case should be moved to federal court, and that jurisdictional question could delay a trial for months. The stakes of that procedural fight will be high, as a conviction in Fulton county would leave Trump facing years of prison time with no clear pathway to a pardon.