All eyes are fixed on Georgia this week, as anticipation mounts for another potential indictment of former President Trump. Fulton County District Attorney Fani Willis (D) has been doggedly investigating Trump’s alleged interference in Georgia’s fiercely contested 2020 election for over a year, and signs point to a fourth indictment in 2023 against the ex-president.
“The work is accomplished,” Willis declared in a recent interview with local Atlanta news outlets. “We’ve been working for two-and-a-half years. We’re ready to go.” Willis has already informed courthouse security authorities that charges might be filed sometime in the second or third week of August.
These charges would constitute Trump’s second legal battle stemming from the 2020 election. Just last week, he was slapped with four counts for purportedly attempting to obstruct the transition of power.
The big question mark remains whether Trump will be formally charged in the Georgia probe. Concurrently, Georgia’s prosecutors are considering an array of strategies if they opt to go after Trump. One approach on the table involves the Racketeer Influenced and Corrupt Organizations (RICO) statute. Traditionally reserved for organized crime, Georgia’s version of RICO has a broader scope, encompassing any “enterprise” and potentially allowing a more diverse range of charges. This path could weave together different threads of Trump’s election campaign maneuvers, potentially ensnaring multiple co-conspirators in the legal net.
Deploying RICO charges could be a tactical move to emphasize that Trump’s actions were part of a grander scheme, not mere isolated incidents. This statute opens the door to an in-depth exploration of various actions and evidence, effectively painting a picture of a more extensive plot.
The RICO approach could also allow prosecutors to cast a wider net over non-election-related criminal actions in Georgia. This might include allegations like false statements, certificate forgery, and computer trespass, addressing broader aspects of the Trump campaign’s alleged efforts to manipulate voter machine data.
Furthermore, RICO could empower Willis to incorporate actions outside her Fulton County jurisdiction into the indictment. For instance, the computer investigation in Coffee County and Trump’s phone calls to election officials in various Georgia counties could potentially be brought under this umbrella.
A parallel avenue being considered involves solicitation and conspiracy charges. Georgia boasts an arsenal of election-centric charges that might apply to Trump’s alleged pressure tactics on state officials. This encompasses the infamous call to Georgia Secretary of State Brad Raffensperger, Trump’s interactions with Frances Watson, and efforts to influence electors and orchestrate special sessions.
Adding to the case, half of the group tied to the false elector scheme have reportedly turned into cooperating witnesses.
While Trump’s defense rests on his claims of free speech protection, legal experts contend that there is substantial evidence to demonstrate his intent in making these requests. Even if Trump genuinely believed he had secured victory, the model prosecution memo argues that this would not be a valid defense against potential charges.
