Former Prosecutor Says Trump Has Most Criminal Exposure in This Probe

Former prosecutor David Henderson revealed on Sunday the investigation into Donald Trump he believes the former president should be most worried about.

Trump continues to face a myriad of investigations. He is facing two Department of Justice (DOJ) probes—one into whether he improperly stored classified documents at his Mar-a-Lago residence, and the other focusing on his conduct surrounding the January 6, 2021, riot at the U.S. Capitol.

He is also facing probes 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 suit.

However, according to Henderson, Trump may face the most criminal exposure in an investigation conducted by Georgia's Fulton County District Attorney Fani Willis, who is looking into whether the former president's call to Secretary of State Brad Raffensperger, in which he allegedly pressed him to "find" enough votes to tilt the 2020 presidential election in his favor, violated state election inference law.

During an appearance on MSNBC Sunday morning, Henderson said Willis' persistence could make the probe more troubling to Trump than even the DOJ's investigations.

"I think, in terms of prosecutors, he hast he most to fear down in Georgia because Fani Willis is not going to back off. And the arguments that we hear about prosecuting a former president are not going to be convincing to her," Henderson said.

He added that it's "difficult" to say which investigation may be the most concerning for Trump because he's facing so many.

Former federal prosecutor Shanlon Wu told Newsweek on Sunday Willis' probe may be particularly troubling for Trump because it's a "fairly discrete set of circumstances where the evidence, as we all heard, is very blatant."

"Also, really importantly, that case seems further down the road than any of the others," he said. "They started earlier and we've heard about the progress. In looking at who is going into the grand jury and who has been subpoenaed, it all seems like they're kind of rounding it out at this point."

Henderson also pointed to potential DOJ indictments connected to January 6 as an area of "exposure" for the former president, but said zeroing in on his tax returns may not be the best course of action for prosecutors.

"We've been talking about the taxes. We look at the taxes and ask, 'Did he commit a tax crime?' And I don't know that that's the best question to be asking. The better question is, 'Is this another example of how he defrauded the public?'" Henderson said. "That's one of the January 6 referrals—defrauding the United States."

However, former federal prosecutor Peter Zeidenberg offered a different perspective in a written statement to Newsweek on Sunday.

"Trump's greatest jeopardy, hands-down, is from the Mar-a-Lago investigation. I would be very surprised if he isn't indicted for that case in the next two months," he wrote.

In addition, Wu said that while there is criminal exposure in each of these investigations, he believes the DOJ's January 6 case may be easier to win a conviction against Trump due to the "visceral" nature of the violence.

"I think that with January 6, there's obviously a lot of appeal because because we've all seen and known what violence went on. In terms of making connections to Trump, I think there's a very visceral appeal to it," Wu said.

He added that his actions that compelled the Georgia probe could also come into play in the DOJ's January 6 investigation.

Trump Georgia Investigation: Latest Updates

The special grand jury investigating whether Trump and his allies attempted to interfere in the 2020 election in Georgia, which he narrowly lost to Joe Biden, wrapped up its work last month, according to the Associated Press last week.

The grand jury has heard from a flurry of Trump allies, including Rudy Giuliani and South Carolina Senator Lindsey Graham. Other legal experts have also suggested the case could end in an indictment against the former president or his allies. As the probe wraps up, the grand jurors will likely produce a report with recommendations on further action, the AP reported.

Willis will then have to go to 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 each investigation.

Newsweek reached out to Trump's office for comment.

Update 1/1/2023 1:19 p.m. ET: This story was updated with commentary from Wu.