RICO – one size fits all?

von | 8 Jan. 2024

On 14 August 2023, a grand jury in Georgia voted to indict Donald Trump – and 18 of his business associates. The district attorney of Fulton County, Georgia, accused Mr Trump and his associates of violating the Racketeer Influenced and Corrupt Organizations Act (RICO).

After a year and a half of investigation, Fani Willis, Fulton County District Attorney, has announced criminal charges against Donald Trump and 18 of his business associates. She accuses them of trying to reverse Donald Trump’s defeat in the 2020 presidential election in the state of Georgia.

On 14 August 2023, the Georgia jury confirmed that it had found the defendants guilty beyond a reasonable doubt. The defendants‘ sentencing trial will not begin until next spring – significantly disrupting Mr Trump’s presidential campaign.

ulton County, Georgia, charges against Trump and 18 others for 2020 presidential election interference, explained

Backgrounder: Fulton County, Georgia, charges against Trump and 18 others for 2020 presidential election interference, explained – States United Democracy Center

States United Democracy Center

Prosecutor applies mafia law

Prosecutor Fani Willis accuses Donald Trump and his co-defendants of forming a criminal organisation that conspired to defraud the state and obstruct the counting of votes. The alliance is said to have incited state officials to commit crimes, made false statements and tampered with witnesses. A group of American electors allegedly submitted false documents to Congress to confirm Donald Trump’s victory in Georgia.

Fani Willis charges Trump and his associates with violating the Racketeer Influenced and Corrupt Organisations Act (RICO). The prosecution alleges that Donald Trump is the head of an enterprise that conspired to „unlawfully alter“ the outcome of the 2020 presidential election.

Phone call incriminates Trump

A telephone recording released on 3 January 2021 incriminates Donald Trump. Mr Trump can be heard urging Brad Raffensperger, Georgia Secretary of State, to „find 11,780 votes“.  This was exactly one vote more than Mr Trump needed to win the presidential election in Georgia.

In his defence, Donald Trump will probably invoke the First Amendment to the US Constitution, which protects freedom of expression. But free speech does not include putting pressure on state officials and witnesses. Even his „true belief“ that the election was stolen from him does not justify breaking the law.

To the German translation of this article: RICO – alle Probleme gelöst?

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