A legal tool normally reserved for the Mafia and organized crime could make former President Trump’s next potential indictment his most damaging.
Why it matters: Georgia’s expansive racketeering law — known as RICO — gives prosecutors a powerful tool to pursue charges in their investigation into Trump’s attempt to overturn the 2020 election.
What’s happening: Fulton County District Attorney Fani Willis, who has kept her plans quiet, says a charging decision could come by Sept. 1.
Willis is expected to present her case to a grand jury early this week. Two potential witnesses, including a former Georgia lieutenant governor, said they were asked to appear on Tuesday.
State of play: Willis will likely invoke RICO when she presents her case to the grand jury, legal experts say.
- The law — inspired by federal statutes with the same name — allows prosecutors to string together crimes committed by different people toward one common goal.
- The DA’s investigation has spanned two years and has involved testimony from dozens of witnesses.
The big picture: If charges are brought, they’d represent the fourth indictment against the 2024 GOP frontrunner since April.
- Trump has now pleaded not guilty to state charges in a hush-money case, federal charges in a classified documents case and federal charges in an election conspiracy case.
Zoom in: Experts point to several reasons why the potential Georgia charges could be more likely than the other cases to be damaging for Trump:
1. The complexity of RICO cases makes it difficult for lawyers to implement a coherent trial strategy, explained Anthony Michael Kreis, a law professor at Georgia State University.
- The stiff penalties associated with RICO charges are also a major incentive for co-defendants to seek deals in return for new evidence.
- “The defendants who are left standing without plea deals and grants of immunity may especially feel squeezed as the process goes on,” Kreis said.
- Some Trump allies and supporters have already been informed by the DA’s office that they are targets of the investigation, including Rudy Giuliani and the GOP electors who falsely “certified” Trump as Georgia’s 2020 victor.
Source : https://www.axios.com/2023/08/14/trump-georgia-rico-charges-fani-willis