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Since the “attack on Free Speech” defense is wearing thin, the latest deflection Meme is focused on attacking the RICO Act itself. In a simple, memorable repeatable phrase:
“The RICO Act was created to prosecute the Mafia and other mobsters” — 7 KTVB
“Why the hell is Fani Willis trying to charge you with racketeering?” — Newsmax host Eric Bolling
“This is a ridiculous application of the racketeering statute. There’s probably no one that knows it better than I do. [...] If she worked for me [DA Willis], I would’ve fired her.” — Rudy Giuliani
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It’s short. It’s angry. And it totally distorts the facts and the Law.
Therefore they will run with it — this latest outrage Meme — until they find their next simpleton excuse to replace it.
Put plainly their latest complaint is:
“RICO is for mobsters, not regular white collar crooks.”
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There is so much wrong with this distortion — where do we begin?
How about a look at the language of the DOJ Criminal Resource Manual for enforcing the RICO Act, that was written by Congress:
It is unlawful for anyone employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity or collection of unlawful debt. [...] The Racketeer Influenced and Corrupt Organization Act (RICO) was passed by Congress with the declared purpose of seeking to eradicate organized crime in the United States.
[...]
An "enterprise" is defined as including any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity. [...] Many courts have noted that Congress mandated a liberal construction of the RICO statute in order to effectuate its remedial purposes by holding that the term "enterprise" has an expansive statutory definition.
[...]
A more expansive view holds that in order to be found guilty of violating the RICO statute, the government must prove beyond a reasonable doubt: (1) that an enterprise existed; (2) that the enterprise affected interstate commerce; [ … 3 more elements of the RICO crime.]
None of elements of the crime of “racketeering” require violence, shooting, or killing. No, instead they require that the “(2) that the enterprise affected interstate commerce;” and “(4) that the defendant engaged in a pattern of racketeering activity.”
Given all the “overt acts” committed by Giuliani in the furtherance of their criminal conspiracy — he definitely “engaged in a pattern of Election-Fraud racketeering activity.” (and attempted Election-Theft too.)
Whether or not denying a state’s voters — their rightful votes — constitutes ‘an affect on interstate commerce’, well that’s up for a jury to decide.
But since Georgia has a more expansive definition of “enterprise” and “racketeering” than even the Federal law does — they convicted school officials of cheating — it seems a sound bet, that Election Fraud will likely score even higher on that Georgia “racketeering” scale.
States have their own laws. Those who cross interstate borders to break them, had better beware.
[...]
But in recent years prosecutors have also applied it to government officials accused of using their offices for personal gain — such as those named in the indictment against various former and current Atlanta public school officials.
To bring a case under Georgia’s RICO law, there must be at least two underlying felonies — such as fraud, bribery, murder and witness tampering, among others.
RICO allows prosecutors to include defendants charged with various crimes in the same indictment and to allege they were all part of an ongoing enterprise.
— The Atlanta Journal-Constitution, March 29, 2013
OK, what’s included in that “among others” crime list?
What is a Pattern of Racketeering Activity?
There are many crimes that can be used to show a pattern of unlawful conduct. The predicate crimes that fall under the RICO statute in Georgia include drug offenses, homicide, bodily injury, arson, burglary, forgery, theft, prostitution, obscene materials, bribery, witness tampering, perjury, evidence tampering, commercial gambling, distilling liquors and alcoholic beverages, firearm violations, securities violations, credit card fraud, computer crimes, kidnapping, carjacking, and making terroristic threats.
— www.GeorgiaCriminalLawyer.com
Since District Attorney Fani Willis has prosecuted several non-Mob-related RICO crimes, I’m sure she has got enough hard evidence to convict — the entire conniving, conspiring crew.
Indeed the felony charges against Defendant Trump — including recorded and written evidence — may be enough to prove the “racketing activity” of their “criminal enterprise” in Georgia, all on their own:
Trump and the other Defendants charged in this Indictment refused to accept that Trump lost, and they knowingly and willfully joined a conspiracy to unlawfully change the outcome of the election in favor of Trump. That conspiracy contained a common plan and purpose to commit two or more acts of racketeering activity in Fulton County, Georgia, elsewhere in the State of Georgia, and in other states.
— STATE OF GEORGIA v. DONALD JOHN TRUMP, Introduction
https://s3.documentcloud.org/documents/23909543/23sc188947-criminal-indictment.pdf
[page 14 ] [Emphasis added]
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Of course, those who think they are Above the Law — and forever beyond its reach — they almost always score their klan club member’s privileged behavior, on a decidedly different sliding scale …
IOW: SOOO.Much.Winnning!
(that we can’t stand it … anymore.)
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