


A potential fourth indictment stemming from the Fulton County investigation into former President Donald Trump could include racketeering charges as a grand jury is expected to make a decision in the coming days.
Like the federal charges that came down last week in Washington, D.C., accusing Trump of four counts of conspiracy and obstruction to overturn the 2020 election, the potential indictment out of Georgia will lean on his alleged attempts to overturn the election results in the state, such as his call to Georgia Secretary of State Brad Raffensperger, asking him to "find 11,780 votes."
TRUMP KEEPING AN EYE ON THESE SIX ALLIES TO JOIN HIM IN THE WHITE HOUSE
Fulton County District Attorney Fani Willis has successfully brought similar cases under Georgia's Racketeer Influenced and Corrupt Organizations Act, or RICO. The state's law is modeled after the federal statute of 1970, which was intended to counter mafia crime networks.
When Willis first began her election interference investigation in 2021, she tapped one of Georgia's ranking experts on racketeering charges, John E. Floyd, to advise the investigation. He has worked on major RICO cases for the district attorney's office, including the 2013 Atlanta school cheating case which saw 35 indictments and eventually 11 convictions.
Although Floyd was not hired solely for the election interference investigation, he "brought expertise highly relevant to that investigation," according to a model prosecution memorandum from the Brookings Institution.
Willis touted RICO last year during a press conference about a gang indictment, saying she believes "jurors are very, very, intelligent."
“They want to know what happened. They want to make an accurate decision about someone’s life. And so RICO is a tool that allows a prosecutor’s office and law enforcement to tell the whole story.”
Investigators with Willis's office have amassed a trove of emails, text messages, testimony, phone calls, and more. A special grand jury, which was picked in May of last year, has called upon some 75 witnesses, including some who were in Trump's orbit, such as former New York City Mayor Rudy Giuliani, former White House chief of staff Mark Meadows, and Sen. Lindsey Graham (R-SC).
District attorney officials also possess at least three recordings of Trump putting pressure on Peach State officials about the election, including one instance where "Trump retweeted a message from his campaign directing supporters" to call on Georgia House Speaker David Ralston to convene a special session to overturn the election, a request that went unfulfilled, according to the model prosecution memo.
Trump's campaign notably organized a group of 16 state residents to serve as so-called fake electors for him, later submitting false ballots to Congress and stating they were "duly elected and qualified." Willis has already contacted these residents notifying them they are part of the investigation, and as many as half of the group have cooperated in some way and have arranged immunity deals.
Additionally, Willis has investigated an alleged effort by Trump allies to access sensitive voting equipment in Coffee County, a rural county 200 miles away from Fulton County. Under the state's RICO law, she can make that part of her case as well.
Lawyers in Georgia with experience handling RICO cases have been critical that the state's law is rather broad, and in some cases, has a wider scope than the federal law. "The two most important differences are that the federal RICO statute requires proof of continuity and an enterprise. In contrast, the Georgia RICO Act can be used to prosecute individuals and schemes that have been active for only a short time," according to a webpage for Georgia-based law firm Poole Huffman.
Also of note/maybe not -- the presiding judge next week is Judge Robert McBurney, who so far has been the one dealing with the SPGJ/Trump/election 2020 stuff, and the swap in presiding weeks could be a sign of what's to come. (h/t @AnnaBower)https://t.co/ocDzQNynzF pic.twitter.com/NR9AB3BToj
— stephen fowler (@stphnfwlr) August 7, 2023
While it's not clear when Trump could be facing charges in what would be his fourth indictment this year, a schedule for the Superior Court of Fulton County shows that the presiding judge next week is Judge Robert McBurney, who so far has been overseeing the special grand jury tasked with weighing potential charges for Trump.
Meanwhile, Trump has maintained his innocence and has suggested Willis is discriminating against him in her investigation.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
“They’ve got a local racist Democrat district attorney in Atlanta who is doing everything in her power to indict me over an absolutely perfect phone call,” Trump said in April.
Willis recently indicated her team is "ready to go" and has instructed courthouse officials that any action over the case could come in the second or third week of August.