www.msn.com Open in urlscan Pro
204.79.197.203  Public Scan

Form analysis
0 forms found in the DOM

Text Content

By Jack Queen

(Reuters) - A Georgia state law against racketeering could be a powerful tool in
prosecuting Donald Trump, but applying charges traditionally used to take down
organized crime risks miring the case in legal and logistical complications.



Fulton County District Attorney Fani Willis on Monday charged the Republican
former president and 18 associates in a wide-ranging scheme to reverse his 2020
presidential election loss in Georgia to Democrat Joe Biden.



All are accused of running afoul of the state's Racketeer Influenced and Corrupt
Organizations, or RICO, law.

Originally designed to take down mafia bosses, RICO charges are now broadly used
to go after groups of loosely associated people bound only by their common
participation in a criminal enterprise. But casting such a wide net has
drawbacks.

“You can tell a great story in your indictment, and you might be able to prove
it. But you also might be making it more complicated,” said former federal
prosecutor Harry Sandick.

Echoing his criticism of the many other investigations he has faced, Trump
assailed the indictment as a political "witch hunt" and accused Willis, an
elected Democrat, of trying to sabotage his 2024 presidential comeback bid.

By contrast, U.S. Special Counsel Jack Smith this month charged only Trump in a
four-count indictment of conspiring to defraud the U.S. by preventing Congress
from certifying Biden's victory. The case cites six co-conspirators who are
unindicted and unnamed.

Smith has asked that a trial begin as soon as Jan. 2. Willis faces a longer
road.




She has said she aims for a trial in the next six months, but experienced
lawyers expect the case to almost certainly be delayed due to the sheer number
of defendants, each of whom is likely to raise a unique set of pre-trial issues.



“The problem with RICO is that it takes a lot longer because there are so many
more elements to it,” said Jerry Froelich, a Georgia criminal defense attorney
and former prosecutor. “I don’t know if you could even find a courtroom big
enough for 19 defendants.”

But the numbers may also work in prosecutors’ favor.

In RICO cases, defendants are often loosely associated, making it easier for
prosecutors to get them to "flip," or turn on one another.

“That’s why the net is spread so wide,” Froelich said. “There’s going to be a
lot of pressure on people to cut deals.”

RICO also enables prosecutors to charge defendants for so-called "overt acts"
that would not necessarily be criminal on their own but are part of a larger
conspiracy.



Willis’ 98-page indictment is thin on narrative detail, but it lists 161 overt
acts by the defendants that allegedly demonstrate how they “willfully joined a
conspiracy to change the outcome of the election in favor of Trump.”

Some of those acts - including Trump’s social media posts and meetings with
elected officials - are not inherently criminal.

“It’s going to be a challenge - though certainly not an insurmountable one - for
prosecutors to prove these individuals knew they were part of an enterprise that
had a common, illegitimate aim of overturning an election," said Boston College
law professor and former federal prosecutor Jeffrey Cohen.

Georgia’s RICO statute is more expansive than a federal law on which it is
modeled and does not require criminal enterprises to be long-running. Georgia
courts have upheld the law’s use in novel contexts that include Willis'
successful prosecution of teachers who falsified scores on standardized tests.

The unprecedented nature of the case could work in Trump's favor, allowing his
lawyers to argue it is inappropriate to charge a former U.S. president and his
allies like gang members.

But the risks of trial may be higher than in typical conspiracy cases.

"In a normal case, if you’re convicted and looking at five years, you might get
probation," Froelich said. "Here there’s a minimum of five years. And the judge
might say: 'You tried to overthrow the U.S. government. I’m not cutting you any
slack.'"

(Reporting by Jack Queen in New York; Editing by Noeleen Walder and Howard
Goller)




Continue reading


Sponsored Content

MORE FROM Reuters
US House Republicans seek Joe Biden's emails from National ArchivesBlue Shield
of California looks to cut reliance on CVS, taps AmazonMagnitude 6.1 quake
shakes Colombian capital, prompting evacuations
Visit Reuters
TRENDING STORIES
 1. Biden shouts during speech, challenges anyone to name 'one thing' the US set
    out to accomplish and failedFOX News
 2. California TV producer dead after falling from rope swing at lake retreatFOX
    News
 3. GOP candidate fighting for debate stage spot says candidates 'shouldn't
    stay' in race if they don't qualifyFOX News
 4. Beloved Las Vegas Strip icon, the Mirage Volcano, enters its final
    daysTheStreet


MORE FOR YOU



Hell hath no fury like a scorned friend of Donald Trump.

Former New York City mayor and longtime Trump confidante Rudy Giuliani
reportedly traveled to Mar-a-Lago in recent months to make a personal appeal to
the former president to pay his legal bills, CNN reported Thursday. But Trump,
who has a legacy of stinginess and thrift despite his wealth, reportedly
rebuffed him, leaving one of his closest friends and most loyal advocates to
fend for himself as he fights a sweeping criminal indictment in Georgia over his
alleged efforts to overturn Trump's loss there in the 2020 presidential
election.




Another former Trump attorney, Michael Cohen—who served prison time after using
campaign funds to purchase the silence of former adult film star Stormy Daniels,
whom Trump allegedly had an affair with ahead of the 2016 election—believes
Giuliani should have seen it coming. In fact, he apparently told him as much.



"Hey Rudy 'Colludy', I wouldn't hold my breath if I was you," Cohen wrote on
social media in response to the CNN report. "He didn't pay you for your previous
services.

"You have a better chance to raise the money from your ex-wives. I warned
you!!!"

Newsweek emailed Giuliani's podcast to try and get in touch with the mayor for
comment. But Trump's alleged refusal to pay closely follows an established
pattern for a man whose miserly habits as a politician and as a developer have
long made headlines.



In addition to using various accounting methods regarding tax obligations over
the years—resulting in a lengthy New York Times investigation as well as
criminal charges in New York last year—Trump's businesses have engaged in a
series of petty business practices over the years that have rankled many of its
clients, including recent news he was charging paying members of his already
expensive clubs to pay $40 per ticket to attend an LIV golf tournament at one of
his clubs.



Jenna Ellis, a co-defendant with Giuliani in Trump's Georgia election case, has
already resorted to crowdfunding her legal bills after the former president
refused to pay.

Trump's campaign also made a habit of leaving the municipalities where he hosted
his campaign events holding the bill for police and other traffic controls
during his trips there. Trump still has an outstanding $35,000 bill from the
city of Erie, Pennsylvania, for the cost of a 2018 rally he held there, while
the cost of a recent rally in Pickens, South Carolina, prompted local officials
considering dipping into the city's tourism promotion fund to foot the bill.

From a practical perspective, however, Trump will likely need every dime he can
spare as he fights against criminal charges—in four jurisdictions—ranging from
fraud to attempting to overturn an election.

Earlier this summer, campaign finance reports revealed that several of Trump's
political action committees—particularly, the Save America PAC—had racked up
more than $40 million in legal expenses over the course of the past year to
defend him, leaving his campaign bleeding funds well before the heat of the Iowa
Caucuses this winter.

Related Articles

 * Marjorie Taylor Greene Vows To 'Go After All of Them' if Donald Trump Wins
 * Mar-a-Lago Probe Conflict of Interest Fears Raised Over Lawyer Appointment
 * Mike Lindell Election Summit Photos Show Empty Seats in Crowd



Start your unlimited Newsweek trial




Continue reading


MORE FROM Newsweek
Why Do Women Have Own Chess Tournaments? Transgender Ban Raises QuestionsCan
Britney Spears' Prenup With Sam Asghari be Renegotiated? What We KnowDeion
Sanders to Players After Brawl: 'If One Fights, We All Fight'
Visit Newsweek
TRENDING STORIES
 1. Biden shouts during speech, challenges anyone to name 'one thing' the US set
    out to accomplish and failedFOX News
 2. Lifelike droids dazzle at robot exhibit in ChinaThe Associated Press
 3. California TV producer dead after falling from rope swing at lake retreatFOX
    News
 4. The housing market is at 'rock bottom,' says Redfin's CEO, as high rates and
    prices take their tollBusiness Insider


MORE FOR YOU


 * © 2023 Microsoft

 * Your Privacy Choices
 * Privacy & Cookies
 * Terms of use
 * Advertise


Feedback