Ex-Federal Prosecutor Criticizes Flawed Case in Fulton County Indictment Against Trump and Allies

Former Prosecutor Argues Flaws in Racketeering Conspiracy Indictment Against Trump

According to a former federal prosecutor, the racketeering conspiracy indictment against former President Donald Trump and his allies is flawed. The prosecutor argues that attempts to change the outcome of an election are legal, and a criminal enterprise must pose a continuing threat to be considered as such.

Indictment Filed Against Trump and 18 Others

Fulton County District Attorney Fani Willis has filed a 41-count indictment against former President Donald Trump and 18 others. The indictment accuses them of trying to overturn the 2020 presidential election by allegedly violating Georgia's Racketeering Influenced and Corrupt Organizations (RICO) Act and soliciting an official to violate their oath of office.

Potential Flaw in the Case

Former Chief Assistant U.S. Attorney in the Southern District of New York, Andrew McCarthy, has written an opinion piece for The Messenger highlighting a potential flaw in the case against former President Donald Trump and his co-defendants. McCarthy argues that Georgia's RICO Act lacks a clear crime to which Trump and his co-defendants can be plausibly linked, raising questions about the strength of the case against them.

Conspiracy Charges and the Lack of Agreement

Racketeering conspiracy charges require an agreement between two or more individuals to commit a crime. According to McCarthy, without such an agreement, there can be no conspiracy. McCarthy questions whether there is evidence of a specific crime or objective in the case against Trump and his co-defendants.

Debate Over the Legality of Election Outcome Manipulation

The article discusses allegations made against a person named Willis, who is accused of trying to manipulate the outcome of an election in favor of Trump. McCarthy argues that attempting to reverse election results without a specific crime or objective is not technically illegal.

The Word "Unlawful" and its Legal Implications

McCarthy argues that invoking the word "unlawful" does not automatically make an action illegal. He states that there is no specific crime of unlawfully trying to change an election outcome in Georgia law or any other American law.

RICO Charge and its Applicability

According to McCarthy, the RICO charge does not apply to the Georgia case involving Trump and the co-defendants. He argues that they did not have the intention or desire to belong to a group or see themselves as a group. Their alleged objective was to maintain Trump in power, rather than participating in an enterprise.

Broad Definition of "Enterprise" Under State Law

Democratic State Representative Tonya Miller of Georgia, who is also a former prosecutor in Fulton County, discusses the broad definition of the word "enterprise" under state law. Miller explains that the term encompasses not only individuals but also legal or illegal businesses, as well as government agencies.

Georgia RICO Law and its Broader Interpretation

The article discusses the Racketeer Influenced and Corrupt Organizations Act (RICO) in Georgia, which is broader than the federal version of RICO. According to legal expert Miller, the Georgia RICO law encompasses not only crimes but also acts involving crimes and threats involving crimes. This means that conduct that may not be explicitly criminal can still be considered racketeering activity under the Georgia RICO law.

Details of the Indictment and Overt Acts

The article discusses the details of an indictment, specifically focusing on the overt acts committed by the defendants and other members of an alleged criminal enterprise. Emory University Law Professor Fred Smith Jr. provides insight, stating that any action that furthers the same goal can be considered part of the conspiracy.