Donald Trump Could Face Racketeering Charges

( — The Washington Post reported last Friday that Fulton County District Attorney Fani Willis has broadened her investigation into election interference by Donald Trump and his allies to include activities in several other states and Washington DC, a sign that she may be building a case under Georgia’s racketeering laws.

Since launching the investigation in 2021, Willis has publicly indicated that she may use Georgia’s RICO statute to allege that efforts by Trump and his allies to overturn the 2020 election results in Georgia amounted to a far-reaching criminal scheme.

Recently, Willis has sought information about the Trump campaign’s hiring of two separate firms to track voter fraud and the former president’s efforts to bury their findings after the firms were unable to give him the results he hoped for, according to sources familiar with the investigation.

Investigators with the District Attorney’s office have already subpoenaed at least one of the two firms.

Georgia’s RICO statute is one of the most expansive in the country. It allows prosecutors to build a racketeering case around violations of both federal and state laws, including violations that occurred outside of Georgia.

The penalty under Georgia’s RICO statute is up to 20 years in prison.

Heritage Foundation constitutional scholar John Malcolm, a former Atlanta federal prosecutor, told the Washington Post that the Georgia RICO statute is “very broad,” specifying only two criminal acts to create a “pattern of behavior.” He said while it isn’t clear if the statute is appropriate against the former president, that doesn’t mean that Willis can’t or won’t use it.

The Fulton County investigation is separate from the Department of Justice investigation led by special counsel Jack Smith. However, the two probes do cover much of the same ground.

Last month, Fani Willis indicated that she would make her decision on charges in early August.

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