The Fulton County district attorney’s office in Georgia is reportedly expanding its investigation into former President Donald Trump’s alleged attempts to interfere with the 2020 election results in the state. The probe could result in racketeering charges against Trump and his associates under Georgia’s RICO statute, which is commonly used to prosecute organized crime.
What is RICO and how does it apply to Trump?
RICO stands for Racketeer Influenced and Corrupt Organizations Act, a law that was originally enacted in 1970 to combat the Mafia and other criminal enterprises. It allows prosecutors to charge a person or a group with engaging in a pattern of criminal activity as part of an enterprise that affects interstate commerce.
Georgia’s RICO statute is similar to the federal one, but it has a broader scope and a lower threshold for proving racketeering. It covers more than 30 predicate crimes, including false statements, solicitation of election fraud, and obstruction of justice. It also requires only two related acts of racketeering within a 10-year period, instead of four within a 10-year period under federal law.
According to legal experts, the Fulton County district attorney, Fani Willis, could use the RICO statute to charge Trump and his allies with conspiring to overturn the 2020 election results in Georgia by pressuring state officials, spreading false claims of fraud, and attempting to invalidate legitimate votes. The goal of the enterprise would be to benefit Trump personally and politically.
What evidence does the DA have against Trump?
The DA’s office has been investigating Trump’s actions in Georgia since February 2021, shortly after he left office. The probe was triggered by a phone call that Trump made on January 2, 2021, to Georgia Secretary of State Brad Raffensperger, a Republican, in which he asked him to “find” enough votes to reverse his loss to President Joe Biden in the state.
The call was recorded and leaked to the media, sparking outrage and condemnation from Democrats and some Republicans. It also prompted Willis to send letters to several state officials, including Raffensperger, Governor Brian Kemp, and Attorney General Chris Carr, asking them to preserve any records related to the call and warning them that they could be witnesses or subjects of the investigation.
Since then, the DA’s office has interviewed more than 75 witnesses, obtained thousands of documents, and convened a special grand jury to hear evidence and issue subpoenas. The grand jury report, which was released on August 14, 2021, recommended that Willis pursue charges against Trump based on his phone call with Raffensperger and other actions that allegedly violated Georgia law.
The report cited three possible counts of solicitation of violation of oath by public officer, for asking Raffensperger and his staff to recalculate the votes in his favor; one count of solicitation of false statements, for asking Raffensperger to announce that he had found widespread fraud; and one count of conspiracy to commit election fraud, for working with others to undermine the integrity of the election.
The report also suggested that Willis consider charging Trump under the RICO statute, which would allow her to include other acts of racketeering that occurred outside of Georgia or before the phone call. For example, the report mentioned Trump’s phone calls with Kemp and Carr in December 2020, in which he pressured them to intervene in the election results; his rally in Valdosta, Georgia on December 5, 2020, in which he urged his supporters to vote for two Republican senators in the runoff election while repeating false claims of fraud; and his involvement in sending “fake electors” to Congress on January 6, 2021, who tried to cast votes for him instead of Biden.
What are the potential consequences for Trump?
If Willis decides to charge Trump under the RICO statute, he could face serious legal consequences. Under Georgia law, racketeering is a felony that carries a minimum sentence of five years and a maximum sentence of 20 years in prison. It also allows for fines up to $250,000 or three times the amount of any pecuniary value gained from the scheme.
Additionally, racketeering charges could expose Trump to civil lawsuits from anyone who was harmed by his actions. For instance, voters who were disenfranchised or intimidated by his attempts to overturn the election could sue him for damages under the RICO statute.
However, charging Trump with racketeering would also pose significant challenges for Willis. She would have to prove beyond a reasonable doubt that there was an enterprise with a common purpose; that Trump was part of or associated with the enterprise; that he participated in at least two acts of racketeering within a 10-year period; and that those acts had an effect on interstate commerce.
She would also have to overcome potential legal defenses from Trump and his allies. For example, they could argue that they were exercising their First Amendment rights of free speech and political participation; that they were acting in good faith and without criminal intent; or that they were following the advice of their lawyers or other experts.
Moreover, Willis would have to deal with the political ramifications of charging a former president with a serious crime. She could face backlash from Trump’s supporters, who might accuse her of being biased or partisan. She could also face resistance from state or federal officials, who might try to interfere with or undermine her investigation.
What are the next steps for the DA?
Willis has not announced whether she will charge Trump with racketeering or any other crimes. She has said that she will make her decision based on the facts and the law, and that she will not be influenced by politics or public opinion. She has also said that she expects to complete her investigation by the end of 2021.
If she decides to charge Trump, she will have to present her case to a grand jury, which will decide whether there is enough evidence to indict him. If the grand jury indicts him, he will have to appear in court and enter a plea of guilty or not guilty. If he pleads not guilty, he will have to face a trial by jury, which will determine his guilt or innocence.
If he is convicted, he will have the right to appeal his conviction and sentence to a higher court. He could also seek a pardon from the governor or the president, which would nullify his conviction and restore his civil rights.
