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What to know about Trump’s new RICO lawyer, Steven Sadow

Trump’s new defense attorney in Georgia has experience securing favorable plea deals and arguing that Fani Willis misuses free speech in her racketeering indictments.

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Just hours before being processed at a Georgia jail, Donald Trump switched defense attorneys in his Fulton County case, according to NBC News.

Trump is no longer represented by Drew Findling and will instead be represented by Steven Sadow. Very interesting, for a few reasons.

First, I want to share some very educated speculation from my colleague Lisa Rubin about what may have prompted the lawyer change in the election interference case. She posted to X:

It’s not clear whether Findling resigned or was pushed. Still, Trump’s social media post last night [Wednesday] calling central witness (and primary rival) Mike Pence’s account ‘a fake story’ might give any lawyer involved in negotiating the terms of Trump’s bond order some pause.

Rubin also noted that Trump’s bond order in the Georgia case says “his social media posts or reposts can’t be used to intimidate or threaten witnesses or otherwise obstruct justice.”

Whatever the reason, one thing is clear: Findling is out, Sadow is in.

Now, as for what this change could suggest about Trump’s legal strategy: Here’s where my living at the intersection of pop and political culture comes in handy. For background, check out the post below, about how a Trump racketeering trial would likely bear a lot of similarities to another high-profile trial taking place in Fulton County, involving rapper Young Thug and his crew, Young Slime Life, or YSL. As predicted, we’re seeing that case cross streams with Trump’s, in a sense.

Trump’s new lawyer, Sadow, has represented the rapper Gunna in the YSL case, and he helped the rapper secure what appears to have been a pretty favorable plea agreement. As The Atlanta Journal-Constitution noted Thursday:

Gunna, whose real name is Sergio Kitchens, entered a special type of negotiated guilty plea with the state. Known as an Alford plea, the arrangement allowed him to suspend additional jail time and maintain his innocence in exchange for pleading guilty to one count of violating Georgia’s RICO act.

So, could Sadow have been brought on to attempt plea negotiations on Trump’s behalf? That’s a possibility. Although I think it’s unlikely Willis will offer Trump a deal.

But there’s another reason Trump may see value in having Sadow on his team. Sadow, much like Findling, has experience arguing that public statements made by YSL artists — namely, song lyrics that allegedly refer to crimes they committed — are protected by the First Amendment and inadmissible in a case prosecuted under the Racketeer Influenced and Corrupt Organizations Act, or RICO.

If the argument sounds similar, it bears a resemblance to one that Trump and his associates have made: In essence, that Trump’s pressure campaign to overturn Georgia’s results in the 2020 presidential election constituted speech that is protected by the First Amendment. Trump’s RICO indictment cites tweets and phone calls to Georgia officials as evidence of a criminal scheme.

Notably, Sadow and Willis have publicly clashed over RICO evidence.

In 2022, Sadow claimed Willis’ “indictment falsely portrays his [Gunna’s] music as part of criminal conspiracy.”

And Willis responded to the allegations, from Sadow and others, during a news conference last summer. It seems her remarks could easily apply to Trump and his associates, as well.

“I think if you decide to admit your crimes over a beat, I’m going to use it,” she said.

She added: “I’m not targeting anyone. But, however, you do not get to commit crimes in my county and then decide to brag on it. ... You do that for a form of intimidation and to further the gang and not be held responsible.”

All of this speaks to why I and others have said Trump’s Fulton County trial will be a defining moment for Georgia’s RICO law. We’ve seen it used against so-called street gangs. And now it’s being tested against political thugs, whose cases aren’t all that different. Which is why Trump may view Steve Sadow as particularly useful.

Time will tell, but I think Sadow’s hiring further indicates the former president might go for the “besieged rapper defense.” In essence: They’re just after me because my lyrics are too real.

I think it’s an absurd argument, but Trump has been laying the groundwork for it with public statements, and he appears to have found just the right man to make the relevant arguments in court.