🎙️ Voice is AI-generated. Inconsistencies may occur.
Along with a $200,000 bond, Donald Trump was given release conditions in Fulton County, Georgia—but the court may have difficulty enforcing them, according to former U.S. Attorney Barbara McQuade.
Earlier in the month, a Georgia grand jury voted to indict Trump on several charges, including racketeering, relating to his alleged attempts to overturn the results of the 2020 election in the state. The former president said that he plans to surrender at the Fulton County courthouse on Thursday. He has claimed innocence throughout the investigation, as he has done for all of the legal battles that are mounting against him.
On Monday, Fulton County Superior Court Judge Scott McAfee set Trump's bond for the case at $200,000. Trump's release conditions also stipulate that he cannot attempt in any way to intimidate the 18 co-defendants in the case, the 30 unnamed co-conspirators from the indictments, or any other potential witnesses.
"The Defendant shall perform no act to intimidate any person known to him or her to be a codefendant or witness in this case or to otherwise obstruct the administration of justice," the order read.
During a Tuesday appearance on MSNBC's Morning Joe, McQuade, who served as a U.S. Attorney for the Eastern District of Michigan from 2010 to 2017, concurred with analysis from NBC reporter Ken Dilanian that the court might have difficulty enforcing the terms of Trump's release.
Dilanian argued that Trump "would love nothing more than to...declare himself a First Amendment martyr" after being jailed for hypothetically breaking his release conditions, which might allow him to raise more money from supporters.
While agreeing about the difficult balancing act the Fulton County court will need to do, McQuade also expressed doubts about how eager Trump might be to break his release conditions.
"I think it is going to be difficult for a judge to use the ultimate hammer, which is to revoke the bond and jail Donald Trump while awaiting trial, but I think Donald Trump doesn't want to mess around and find out because that would be such a devastating consequence," McQuade said.
"I agree that maybe he wants to be a martyr for the First Amendment, but he also very much wants, I think, his liberty," she added. "Being jailed in the Rice Street Jail while he awaits trial is certainly no picnic, so I think we'll see things that come close to the line. I think he will try to push a warning before he goes any further because it will be a difficult decision for a judge to revoke the bond."
Speaking to Newsweek via email, Dave Aronberg, the State Attorney for Palm Beach County, Florida, said that the release conditions will be "worthless" if not sufficiently enforced by the court.
"Trump's release conditions are not that unusual," Aronberg wrote. "What makes this intriguing is whether the judge enforces the conditions against a former President who has proven incapable of refraining from criticizing witnesses, prosecutors, and judges. All the conditions in the world are worthless if they are not enforced. That will be the big test, as enforcement could ultimately mean revocation of his pre-trial release."
Updated 08/22/2023, 7:10 p.m. ET: This article was updated with additional comment from Dave Aronberg.
About the writer
Thomas Kika is a Newsweek weekend reporter based in upstate New York. His focus is reporting on crime and national ... Read more