Donald Trump and 18 others have been accused of knowingly and willfully joining a racketeering enterprise. They unlawfully tried to change the outcome of the election (in Georgia) in favor of Trump. According to the Fulton County indictment, the enterprise 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.

The 41-count indictment accuses Trump and the other 18 defendants of unlawfully conspiring to overturn the election in Georgia.

The Enterprise: A Criminal Organization

Known as “The Enterprise” in the Fulton Superior Court indictment document, nineteen people have been charged with the offense of violation of the Georgia RICO (Racketeer Influenced and Corrupt Organization) Act. The Rico Act is a law designed to target gangs and mafia groups. In Georgia, the law was used to target teachers and administrators in the Atlanta cheating scandal in 2009, followed by subsequent trials in 2014-2015. Now the act is targeting politicians, many of whom are lawyers.

This criminal organization constituted an enterprise, as that term is defined in O.C.G.A. § l6-14-3(3), a group of individuals associated in fact. The Defendants and other members and associates of the enterprise had connections and relationships with one another and with the enterprise.’The enterprise constituted an ongoing organization whose members and associates functioned as a continuing unit for the common purpose of achieving the enterprise’s objectives. The enterprise operated in Fulton County, Georgia, elsewhere in the State of Georgia, in other states, including, but not limited to, Arizona, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin, and the District of Columbia. The enterprise operated for a period of time sufficient to permit its members and associates to pursue its objectives.

Fulton Count Indictment, Definition of The Enterprise, August 14, 2023.

A Blockbuster Indictment

This was the 2-inch high headline in today’s Atlanta Journal-Constitution newspaper. Like most Atlantans, I stayed up Monday night to hear Fulton County District Attorney Fani Willis announce the indictment of nineteen American citizens, one of whom is an ex-president.

Fani Willis is Donald Trump’s worst nightmare. Ms. Willis has been preparing this 98-page indictment since February 2021, in which she launched a criminal investigation into Donald Trump’s attempts to influence Georgia election officials—including Governor Brian Kemp, Secretary of State Brad Raffensperger, and other election officials.

Trump has nowhere to hide. The trial will be shown on TV, and journalists and other media outlets will cover it. Willis announced today that she is seeking a March 2024 trial date.

Donald Trump’s niece, Dr. Mary Trump had this to say about the latest of four indictments.

Unlike Federal courtrooms, there are cameras in Judge Robert McBurney’s courtroom, which means there will be nowhere for Donald Trump to hide. He can claim all he wants that the arraignments and trials should be televised (in fact, his legal team has argued they want cameras in Judge Tanya Chutkan’s courtroom where the January 6th case will be held), but this is amongst certainly not the case. Even if it is, he will come to regret it.

It is very possible that it is the Georgia case that will now drive the timeline for the other cases. But whatever happens, I think it’s likely that the plaintiffs—we, the American electorate—will be afforded more transparency, more openness, and more deliberate speed than in other venues.

I’m still trying to process what’s happened tonight—and obviously, there is still a lot we don’t know—but for reasons I can’t yet fully articulate, this feels different from all of the indictments that have come before. This feels pivotal, this feels more real.

Tommy Christopher, Mary Trump Says New Indictment ‘Different’ Than the Rest, August 16th, 2023

Acts of Racketeering by the Trump Gang

Willis shows in the indictment that Trump’s racketeering enterprise used various methods to overturn the results of the Georgia presidential race. It’s important to note that Willis also explains how the Trump enterprise extended its reach to other swing states, including Pennsylvania, Arizona, and Michigan. The Enterprise operated both publicly and secretly to try and undo the election of Joe Biden as president. Their methods are shown here:

1. False Statements to and Solicitation of State Legislatures
2. False Statements to and Solicitation of High-Ranking State Officials
3. Creation and Distribution of False Electoral College Documents
4. Harassment and Intimidation of Fulton County Election Worker Ruby Freeman
5. Solicitation of High-Ranking United States Department of Justice Officials
6. Solicitation of the Vice President of the United States
7. Unlawful Breach of Election Equipment in Georgia and Elsewhere
8. Obstructive Acts in Furtherance of the Conspiracy and the Cover Up

The evidence of racketeering that is provided in the indictment is outlined as a series of “Acts,” 1 – 161. The acts identify by date, who in the enterprise acted, and what they did. Here is Act 1.

On or about the 4th day of November 2020, DONALD JOHN TRUMP made a nationally televised speech falsely declaring victory in the 2020 presidential election. Approximately four days earlier, on or about October 31, 2020, DONALD JOHN TRUMP discussed a draft speech with unindicted co-conspirator Individual l, whose identity is known to the Grand Jury, that falsely declared victory and falsely claimed voter fraud. The speech was an overt act in furtherance of the conspiracy.

Fulton Superior Court, Indictment, Clerk No. 23SC188947, August 14, 2023, p. 20.

Using time-tested methods of autocracy described in Ruth Ben-Ghiat’s book, Strongmen, Trump is acting like any historical or contemporary right-wing autocrat. We will continue to see Trump use political violence, disinformation, and personal attacks. He has already gone after three of the four attorneys prosecuting cases against him in New York, Washington, and Atlanta. His attacks are similar to what we have seen in the past.

This is a dangerous man. There are only two ways to keep him out of the White House. Vote. The 14th Amendment.