It’s a fishing expedition. We all know this, but the Democrats’ larger aim is to gin up the GOP base to the point where they carry Donald Trump over the finish line in the Republican primary while saddling him with endless legal drama. The GOP is then rendered invalid in carrying out a meaningful campaign, as every story about Donald Trump will be about his potential trials. He’s already facing one from Manhattan District Attorney Alvin Bragg over the hush money payments to Stormy Daniels. That case is even more absurd than the Russian collusion hoax, with misdemeanor charges elevated as felonies. And the statute of limitations has expired, but the workaround Bragg took was to invoke the COVID pandemic: the clock on filing charges was suspended due to this health emergency.
Trump’s lawyers want to meet with Attorney General Merrick Garland over the classified document controversy, another legal case where Trump could face indictment. It doesn’t help that there are audio recordings of the former president talking about the items he took from the White House, primarily mementos. And now, the Georgia election interference investigation, whose findings we were told would be revealed in late summer. It’s now expanding into other states. Georgia’s RICO statutes are some of the most expansive in the country. Fulton County DA Fani Willis is looking into invoking those legal measures while investigating the former president, specifically two firms the Trump team contracted with to sniff out reported voter fraud. An inquiry they allegedly buried when they found nothing (via WaPo) [emphasis mine]:
An Atlanta-area investigation of alleged election interference by Trump and his allies has broadened to include activities that happened outside Georgia, a fresh sign prosecutors may be building a sprawling RICO case, @AmyEGardner @jdawsey1 report. https://t.co/IHFQpqEF1L
— James Hohmann (@jameshohmann) June 2, 2023
Fulton County DA Fani Willis’ probe into Trump’s efforts to overturn its 2020 election results is reportedly expanding into Trump’s election subversion efforts in other states. https://t.co/qlNhdvJHDX
— The Daily Beast (@thedailybeast) June 2, 2023
An Atlanta-area investigation of alleged election interference by former president Donald Trump and his allies has broadened to include activities in Washington, D.C., and several other states, according to two people with knowledge of the probe — a fresh sign that prosecutors may be building a sprawling case under Georgia’s racketeering laws.
Fulton County District Attorney Fani T. Willis (D) launched an investigation more than two years ago to examine efforts by Trump and his allies to overturn his narrow 2020 defeat in Georgia. Along the way, she has signaled publicly that she may use Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) statute to allege that these efforts amounted to a far-reaching criminal scheme.
In recent days, Willis has sought information related to the Trump campaign hiring two firms to find voter fraud across the United States and then burying their findings when they did not find it, allegations that reach beyond Georgia’s borders, said the two individuals, who spoke on the condition of anonymity to speak candidly about the investigation. At least one of the firms has been subpoenaed by Fulton County investigators.
[...]
The state’s RICO statute is among the most expansive in the nation, allowing prosecutors to build racketeering cases around violations of both state and federal laws — and even activities in other states. If Willis does allege a multistate racketeering scheme with Trump at its center, the case could test the bounds of the controversial law and make history in the process. The statute calls for penalties of up to 20 years in prison.
[…]
Among Willis’s latest areas of scrutiny is the Trump campaign’s expenditure of more than $1 million on two firms to study whether electoral fraud occurred in the 2020 election, the two individuals said. The Post first reported earlier this year that the work was carried out in the final weeks of 2020, and the campaign never released the findings because the firms, Simpatico Software Systems and Berkeley Research Group, disputed many of Trump’s theories and could not offer any proof that he was the rightful winner of the election.
In recent days, Willis’s office has asked both firms for information — not only about Georgia, but about other states as well. Trump contested the 2020 election result in Georgia, Arizona, Michigan, Nevada, Pennsylvania and Wisconsin.
[…]
It is unclear if Willis will seek indictments of people for alleged actions that occurred outside of Georgia, such as those who participated in the Jan. 6, 2021, attack on the U.S. Capitol. RICO experts say it’s unlikely she will do so. But, these experts said, the law allows Willis to build a sweeping narrative of an alleged pattern of behavior to overturn the 2020 election, with Georgia as just one piece. Evidence and actions from outside the state, such as Trump’s statements from Washington that inspired some of the rioters and parallel efforts to overturn other states’ results, could be presented as additional evidence that helps establish that pattern.
The publication quoted John Malcolm, a constitutional scholar for the Heritage Foundation, who broke down Georgia’s RICO statutes.
“Georgia’s RICO statute is basically two specified criminal acts that have to be part of a pattern of behavior done with the same intent or to achieve a common result or that have distinguishing characteristics,” he said. “That’s it. It’s very broad. That doesn’t mean it’s appropriate to charge a former president, but that also doesn’t mean she can’t do it or won’t do it.”
Of course, buried in the lengthy piece is how this is challenging to prove in court. That’s not the point. It’s to slap another court date. The Bragg trial is set to begin in March of 2024 when the campaign season ramps up. Even if the trial date is set for 2025, it will be a campaign subject if Trump is indicted in Georgia. And the GOP would be stuck with a candidate engulfed in scandal, whether legitimate or not. That’s the trap I fear the GOP will fall into, and the entire 2024 season would be a wash—staining the down-ballot candidates we have in a very winnable US Senate election year as well.
***
Last Note:
The grand jury forewoman is something I forgot to mention, whose interview circuit raised eyebrows, even from liberals who feared her unhinged and undisciplined demeanor threatened the integrity of the election. That ship has sailed, but liberal legal analysts were appalled, especially when there were allegations that the prosecutor’s office had ice cream parties with the jury. The bias is everywhere, but this investigation is especially leaking with it.
Yet, lest we forget—that’s not the point. Biased or not, if Trump is indicted, trial dates will be set, and the Republican Party has to game this out because we cannot campaign effectively if our nominee is facing multiple trial dates.
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