Fulton County Dist. Atty. Fani Willis also charged 18 others, including Rudy Giuliani and John Eastman, taking advantage of the state's broad RICO statute.
Trump’s free speech rights don’t shield him from prosecution for allegedly trying to overturn the 2020 election results. The issue is his actions, not his words.The RICO law permitted Willis to pack a Georgia indictment with much of Trump and company’s nationwide scheme to steal the election, which extended to five other states. Under the capacious structure of the statute, it alleges that the 19 defendants participated in a criminal enterprise to keep Trump in power beyond his elected term.
If that sounds amorphous, it’s because it is, as RICO’s critics have long argued. But prosecutors can satisfy the RICO charge by proving just two of the 40 other crimes alleged, something that isn’t likely to be a heavy lift. One of the most important differences between the Fulton County indictment and the federal case is its inclusion of 18 defendants in addition to Trump. These alleged criminals run the gamut from what Mike Pence called the “gaggle of crackpot lawyers” who surrounded and abetted Trump — Rudy Giuliani, John Eastman and the others who special counsel Jack Smith listed as unnamed co-conspirators — to lesser-known Georgia players who took part in more provincial aspects of the plot.
The profusion of defendants has several implications. Perhaps most important, it pressures them to cooperate against the other defendants, especially Trump. That’s particularly true because it’s a state rather than a federal case, which means anyone convicted can’t hope for a pardon from Trump or another Republican president.
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