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When the #FultonCounty, GA, DA, #FaniWillis, filed #criminal #charges against #Trump & over a dozen of his allies for their attempt to overturn GA’s 2020 presidential election results, she did something ingenious.
In contrast to the #SpecialCounsel #JackSmith’s… federal #indictment…, #Willis charges a wide range of conspirators, from people in the Oval Office to low-level #Georgia GOP functionaries…
Her case also provides other important complements to the federal matter: Unlike Smith’s case, which will almost certainly not be broadcast bc of federal standards, hers will almost certainly be #televised, & should #Trump or another #Republican win the WH, #Willis’s case cannot be immediately pardoned away. It offers #transparency & #accountability insurance. As she said in her news conference on Mon night, “The state’s role in this process is essential to the functioning of our #democracy.”
But the #indictment stands out, above all, because #Georgia offers uniquely compelling #evidence of #ElectionInterference — & a set of state #criminal statutes tailor-made for the sprawling, loosely organized wrongdoing (aka organized crime) that #Trump & his co-conspirators are accused of engaging in. It is a reminder of the genius of American #federalism: When our #democracy is threatened, states have an indispensable part to play in protecting it.
#Willis ties them all together by levying 1 #charge against Trump & the 18 other defendants under #Georgia’s #RICO Act, accusing #Trump & his #CoConspirators of functioning as a #criminal gang.
American #law has long recognized thru the #crime of #conspiracy that combos of criminals are more dangerous than lone wolves. RICO is conspiracy on steroids, providing for stiffer #penalties & other advantages like bringing multiple connected conspiracies under 1 umbrella.
#Georgia has one of the most capacious #RICO statutes in the country. The state’s #legislature enacted it specifically to “apply to an interrelated pattern of #criminal activity” & mandated courts to “liberally construe” it to protect the state & its citizens from harm. Under the #law, prosecutors can charge a sprawling #CriminalEnterprise & even include individuals who may not have known “of the others’ existence,” as one court put it.
Here, the statute may be triggered by violations of an array of federal #crimes as well as over 40 #charges specific to Georgia, including #forgery, false statements & influencing #witnesses.
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In using #RICO, #Willis accuses #Trump of functioning like a gang leader overseeing a #theft ring, except instead of stealing cash or cars, he & his allies are accused of attempting to purloin the #Georgia presidential election results.