Trump Will Repeat Jan. 6 Strategy if He's Indicted in Georgia: Kirschner

Former President Donald Trump might have a response similar to the one he had after he lost the 2020 presidential election if he's indicted in the Georgia election probe, former federal prosecutor Glenn Kirschner predicted on Friday.

"Does anybody have any doubt that, when Georgia DA Fani Willis indicts Donald Trump, his first post will be, 'Come to Atlanta for my arraignment! Will be wild!' I mean, why wouldn't he? He got away with it last time...thus far," Kirschner tweeted.

The former federal prosecutor and MSNBC legal analyst was referring to remarks posted by Trump in 2020 after he refused to concede that he lost the election to his Democratic opponent, Joe Biden.

On December 19, 2020, Trump wrote on Twitter: "big protest in D.C. on January 6th," and asked his supporters to "be there, will be wild!"

The now defunct House select committee that was in charge of investigating the January 6, 2021, Capitol riot argued last year that the former president allegedly incited violence by his tweet, NPR reported last July. On that day, Trump supporters stormed the Capitol building in an effort to stop Biden's Electoral College certification.

"President Trump's tweet drew tens of thousands of Americans to Washington to form the angry crowd that would be transformed on Jan. 6 into a violent mob," said Representative Jamie Raskin, a Maryland Democrat, at the time.

Raskin, who served on the House panel, said Friday that Trump is likely to be indicted in the Capitol riot investigation because there was "overwhelming evidence" that proves his responsibility for the violent events that unfolded that day.

"It's almost inevitable that there will be charges, because the evidence is just so overwhelming," Raskin said. "If he were to somehow escape the grasp of the criminal justice system here, this would be a painful thing for the country and for millions and millions of people who have held on to the idea that we have one system of justice."

Trump Will Repeat Jan. 6 Strategy If-indicted-in-Georgia:-Kirschner
Former President Donald Trump speaks at the New Hampshire Republican State Committee's annual meeting on January 28 in Salem, New Hampshire. Trump might have a response similar to the one he had after he lost the 2020 presidential election if he's indicted in the Georgia election probe, former federal prosecutor Glenn Kirschner predicted on Friday. Photo by Scott Eisen/Getty Images

Kirschner told Newsweek on Saturday that the fact that Trump reposted a Truth Social post by one of his supporters calling for violence indicates that he will resort to the same strategy he used on January 6.

"I think Trump reposting an armed call to violence that was posted by one of his supporters sends a clear signal that Trump is again prepared to resort to violence as it suits his purposes," Kirschner said.

The former president recently reposted on Truth Social a message by one of his supporters whose username is @freeTX1776 that called for violence in light of the 2024 presidential election in which Trump is running as a candidate.

"Then they will have to figure out how to fight 80,000,000 + it's not going to happen again. People my age and old will physically fight for him this time," the Truth Social post read.

"What we got to lose? I'll donate the rest of my time here on this planet to do it. And I know many many others who feel the same. They got my 6 and we Are Locked and LOADED," added the Truth Social user.

Newsweek reached out to Trump's media office for comment.

Last weekend, Kirschner predicted that the former president will "fold like a house of cards" to avoid prison if he gets indicted in any of the ongoing criminal probes against him. He was also asked on The Legal Breakdown about whether or not he thinks Trump will face charges in different cases if he's indicted in the Georgia election probe.

"I would like to think that the Department of Justice (DOJ) has the kind of backbone [and] has the kind of bravery, and the kind of determination to move forward with indictments against the former president and his criminal associates," Kirschner responded.

Trump and some of his allies are being investigated for allegedly trying to overturn the 2020 presidential election results in Georgia. Fulton County District Attorney Fani Willis, who is handling the probe, recently urged Superior Court Judge Robert McBurney to keep the findings of a special grand jury that spent months looking into the case a secret.

Willis also asked the judge to be wary of "protecting future defendants' rights," with regard to the ongoing criminal probe. She added that a decision on potential criminal charges is "imminent," but didn't name anyone in specific.

Update 2/4/2023, 11:40 a.m. ET: This article has been updated with a comment by Kirschner and additional information.