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    Legal Consequences Arrive for Trump and Other Election Deniers

    Legal repercussions have arrived for the leaders of the effort to overturn the 2020 presidential contest, in what could serve as a warning to those who meddle in future elections.For two and a half years, most of Donald J. Trump’s allies in the sprawling effort to overturn the 2020 election escaped consequences, continuing to try to undermine President Biden’s legitimacy by spreading false claims about voting machines, mail ballots and rigged elections.Now the legal repercussions are arriving.Last month, three leading election deniers in Michigan were charged with felonies over a scheme to surreptitiously obtain election machines and inspect them in parking lots and hotels. Soon after, Mr. Trump himself was indicted in a major federal investigation of his actions surrounding the 2020 election.Then, in the longest reach of the law yet, Mr. Trump and 18 others were criminally charged on Monday over their attempts to interfere with the outcome of the election in Georgia.The broad indictment includes some of the most prominent figures in the movement to subvert the election: Rudolph W. Giuliani, who presented state legislatures with what he said was evidence of fraud and has continued to make such claims as recently as this month; John C. Eastman, a lawyer and an architect of the scheme to create bogus slates of pro-Trump electors; David Shafer, the chairman of the Georgia Republican Party, who filed 16 fake electors; and Sidney Powell, a lawyer behind some of the wildest claims about election machines.“The attacks on the election system were so brazen,” said Wendy Weiser, the director of the democracy program at the Brennan Center for Justice. “Some accountability,” she added, would “make people think twice before pushing the envelope and trying to break the law.”Despite the flood of criminal charges, election denialism persists in American politics. Many of the 147 Republicans in Congress who voted to overturn the election were re-elected, and Mr. Trump has made false election claims central to his campaign to take back the White House. In a post on his social media site on Tuesday morning, Mr. Trump pledged to unveil a “report” next week on “election fraud” in Georgia. (Mr. Trump and Mr. Giuliani, among others, have said they did nothing wrong and have cast the charges as politically motivated.)It is still far from clear whether Mr. Trump and his allies who face charges will ultimately be convicted. But the legal threat may force Trump allies to think twice in the future about repeating their more drastic actions — tampering with election machines, organizing the fake elector scheme, filing reams of frivolous lawsuits.In addition to the criminal charges, several lawyers who pushed baseless election claims in court are facing disbarment. And Fox News was forced to pay $787.5 million to settle a defamation suit filed by Dominion Voting Systems over the network’s promotion of misinformation about the 2020 election.One sign that prosecutions can act as a deterrent has already surfaced. More than 1,100 people were arrested after the Capitol riot on Jan. 6, 2021, according to Justice Department records. More than 630 have pleaded guilty to various charges, and about 110 have been convicted at trial. Almost 600 have been sentenced and, of those, about 370 have served some amount of time behind bars.Legal experts say those convictions are a key reason that recent provocations by Mr. Trump after his series of indictments have not resulted in mass protests or violence.“The federal government has made a concerted effort to investigate and prosecute people who stormed the Capitol,” said Renato Mariotti, a former federal prosecutor who is now a partner at Bryan Cave Leighton Paisner. “And I think we’ve seen when Trump tried to rally people in Manhattan or in Florida, not only were the crowds small, but a lot of right-wing influencers were out there telling people: ‘Do not do this. You are going to get arrested.’”Part of the challenge for prosecutors is that bringing criminal charges for trying to overturn an election is relatively uncharted legal terrain.“It would be wrong to say that there’s precedent in these exact circumstances, because we have never had these exact circumstances,” said Mary McCord, a former top official in the Justice Department’s national security division and a law professor at Georgetown University Law Center.In Georgia, Fani T. Willis, the Fulton County district attorney who led the investigation, turned to the state’s racketeering statute, often used for targeting organized crime, because of the magnitude of the inquiry and the large number of people involved.In the federal case, Jack Smith, the special counsel assigned by the Justice Department to investigate Mr. Trump, used novel applications of criminal laws — such as conspiring to defraud the government and corruptly obstructing a congressional proceeding — to bring charges against the former president over his actions leading up to the Capitol riot.In Michigan, the charges were more straightforward, focusing specifically on allegations of illegal possession of a voting machine and a conspiracy to gain unauthorized access to a computer or computer system.Such applications of the law, while in some cases untested, could establish a playbook for prosecutors to go after those who threaten elections in the future.“We hope at the end of the day, yes, there will be precedents created, legal precedents created as a result of actions people took after the 2020 election,” said Jon Greenbaum, the chief counsel for the nonpartisan Lawyers’ Committee for Civil Rights Under Law and a former Justice Department lawyer, adding that he hoped those precedents “in the end will make our democracy stronger.”Alan Feuer More

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    Here Are the Possible Dates for Trump’s Trials

    The unprecedented — a former U.S. president indicted, and while running for the office again — has now happened four times. Next up will be a presidential candidate going on trial. Possibly four times.We don’t yet know the timelines for all the trials, and the preliminary dates we have for some of them may still change. But it is already clear that across the board, prosecutors are seeking to move quickly.Extraordinary though the prospect is, it is entirely within the realm of possibility that Donald J. Trump could stand trial four times before the presidential election on Nov. 5, 2024 — and have to leave the campaign trail each time.Justice Juan M. Merchan, who is presiding over the state case in New York concerning hush-money payments to a pornography actress, has scheduled a trial to begin March 25, 2024. If that date holds, it would be just under a year after the indictment in that case.Judge Aileen M. Cannon, who is presiding over the federal case concerning Mr. Trump’s retention of classified documents, has scheduled a trial to begin May 20, 2024 — again, just under a year after indictment. Judge Cannon rejected the government’s request to hold the trial sooner, in December, but also rejected the Trump team’s push to delay the proceedings until after the 2024 election.The dates for the other two trials — in the federal case concerning Mr. Trump’s efforts to overturn the 2020 election, for which he was indicted on Aug. 1, and now in the Georgia case — are still to be determined.Jack Smith, the special counsel overseeing that federal case, has proposed Jan. 2, 2024, for the opening of the trial. That would be just two weeks before the Iowa presidential caucuses.Fani T. Willis, the prosecutor in the Georgia case, indicated on Monday that she would seek a trial within six months of the indictment, which would mean no later than mid-February 2024 — smack in the middle of the early primaries.There’s no guarantee that the judges in those cases will agree to those requests. More

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    Key Takeaways from the Trump Indictment in Georgia

    Former President Donald J. Trump was indicted for a fourth time on Monday, this time over what prosecutors in Atlanta described as his and his allies’ efforts to unlawfully undo his election loss in Georgia in 2020.The indictment follows a lengthy investigation by Fani T. Willis, the Fulton County district attorney, and includes 13 charges against Mr. Trump, as well as charges against 18 other Trump allies who Ms. Willis said were part of a “criminal enterprise” seeking to overturn the Georgia election results.Here’s what to know.Trump was charged under Georgia’s RICO ActProsecutors charged Mr. Trump and his allies under the state’s Racketeer Influenced and Corrupt Organization Act, which allows them to tie together various crimes committed by different people by arguing that they were acting together for a common criminal goal.Georgia’s RICO Act is patterned after a federal law that was passed to combat organized crime groups but in recent years has been used effectively in white-collar crime and political corruption cases.At its heart, the statute requires prosecutors to prove the existence of an “enterprise” and a “pattern of racketeering activity.” Ms. Willis said 19 defendants were part of a criminal enterprise that tried to “accomplish the illegal goal of allowing Donald J. Trump to seize the president’s office.”Mr. Trump and his allies were charged under the state’s Racketeer Influenced and Corrupt Organization Act.Jon Cherry for The New York TimesAmong those charged: Rudy Giuliani and Mark Meadows.The charges outlined in the indictment reach far beyond Mr. Trump to some of his closest allies. They include Mark Meadows, who was Mr. Trump’s former chief of staff, and Rudolph W. Giuliani, the former New York City mayor and lawyer for Mr. Trump.Also charged are several more lawyers who are accused of working to try to overturn the election: Sidney Powell, who once promised to “release the Kraken” in exposing purported election fraud; John C. Eastman, who helped promote the idea of using bogus Trump electors in states where Mr. Trump lost; and Kenneth Chesebro, who also played a central role in that effort.The sprawling nature of the racketeering case is noted in the indictment, with prosecutors citing conduct in Michigan, Arizona and Pennsylvania that they say furthered the defendants’ efforts to keep Mr. Trump in power.Ms. Willis said late on Monday that she plans to try all 19 defendants together.Rudolph W. Giuliani, the former New York mayor and lawyer for Mr. Trump, was charged as well in the indictment.Nicole Craine for The New York TimesThe charges fall into several baskets.The indictment bundles together several efforts by Mr. Trump and his allies to reverse the election results in Georgia. None of the 19 defendants is accused of taking part in all of those different schemes, but under the RICO law, prosecutors have to prove only that each one broke state laws as part of a continuing criminal enterprise with the same overarching goal.Several of the individual counts stem from false claims of election fraud that Mr. Giuliani and two other Trump lawyers, Robert Cheeley and Ray Smith III, made at legislative hearings in December 2020.Another batch of charges concerns a plan Mr. Trump’s supporters carried out to vote for a false slate of pro-Trump electors and send a forged document to Congress claiming those electors were legitimate.A third raft of charges accuses several Trump allies of conspiring to steal voter data and tamper with voting equipment at the elections office in Coffee County, Ga. Some of the defendants were charged only in connection with a bizarre scheme to harass and intimidate an election worker, Ruby Freeman, whom Mr. Trump and his allies had wrongfully accused of fraud.Shaye Moss, center, being comforted by her mother, Ruby Freeman, during a hearing last year. The two women served as election workers in Georgia in 2020 and were wrongfully accused of fraud by Mr. Trump and his allies.Shuran Huang for The New York TimesThe district attorney is giving Trump 10 days to turn himself in.Ms. Willis said on Monday that she was giving Mr. Trump until noon on Aug. 25 to surrender in Fulton County, where he would be arraigned on the charges and enter a plea.When Mr. Trump was indicted in New York, he was able to surrender and avoid some of the standard procedures for most people who are arrested, such as having his mug shot taken and being handcuffed.Patrick Labat, the Fulton County sheriff, said this month that unless he was told otherwise, Mr. Trump would be booked in the same way as any other defendant.Still, the Secret Service could try to change the sheriff’s plans.Mr. Trump has until Aug. 25 to surrender in Fulton County, where he would be arraigned on the charges and enter a plea.Kenny Holston/The New York TimesTrump blasted the indictment and questioned the prosecutor’s motive.Mr. Trump lashed out at Ms. Willis after the indictment, suggesting that she had charged him to further her own political standing and seizing on the fact that an improper copy of the indictment had reportedly been uploaded to a court website even before the grand jurors voted.Earlier in the day, Reuters reported that a document that appeared to be a docket entry for an indictment against Mr. Trump had been posted, and then removed from, the Fulton County court’s website. A spokesman for the court called the document “fictitious,” and the court clerk, Ché Alexander, declined to discuss what had happened in detail.Mr. Trump and his allies said it was a sign that the prosecution saw the grand jury’s vote, which took place later in the day, as a foregone conclusion.Richard Fausset More

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    Why the Fani Willis Prosecution of Donald Trump Is Indispensable

    When the Fulton County, Ga., district attorney, Fani Willis, filed criminal charges against Donald Trump and over a dozen of his allies for their attempt to overturn Georgia’s 2020 presidential election results, she did something ingenious.In contrast to the special counsel Jack Smith’s latest laser-focused federal indictment of Mr. Trump, Ms. Willis charges a wide range of conspirators, from people in the Oval Office to low-level Georgia G.O.P. functionaries, and is the first to plumb the full depths, through a state-focused bathyscaph, of the conspiracy.Her case also provides other important complements to the federal matter: Unlike Mr. Smith’s case, which will almost certainly not be broadcast because of federal standards, hers will almost certainly be televised, and should Mr. Trump or another Republican win the White House, Ms. Willis’s case cannot be immediately pardoned away. It offers transparency and accountability insurance. As she said in her news conference on Monday night, “The state’s role in this process is essential to the functioning of our democracy.”But the indictment stands out, above all, because Georgia offers uniquely compelling evidence of election interference — and a set of state criminal statutes tailor-made for the sprawling, loosely organized wrongdoing that Mr. Trump and his co-conspirators are accused of engaging in. It is a reminder of the genius of American federalism: When our democracy is threatened, states have an indispensable part to play in protecting it.At 98 pages, Ms. Willis’s indictment is more than twice the size of Mr. Smith’s indictment in his Jan. 6 case and contains 19 defendants to his one. The indictment charges 41 counts (to Mr. Smith’s four) — among them, Georgia election crimes like solicitation of violation of oath by public officer (for Mr. Trump’s infamous demand to Georgia’s secretary of state, Brad Raffensperger, to just “find 11,780 votes”) and state offenses like forgery and conspiracy to commit forgery (for creating fake electoral certificates) and conspiracy to commit computer trespass (for unlawfully accessing election machines in Coffee County to attempt to prove that votes were stolen).The large cast of defendants populates a complete conspiracy chain of command and features the famous (Mr. Trump, his chief of staff Mark Meadows and his lawyer Rudy Giuliani), the infamous (the Trump attorneys John Eastman, Ken Chesebro and Jeffrey Clark) and the otherwise unknown (including Georgia state false electors and local Trump campaign allies without whom the plot would have stalled).Ms. Willis ties them all together by levying one charge against Mr. Trump and each of the 18 other defendants under Georgia’s Racketeer Influenced and Corrupt Organization Act, or RICO, accusing Mr. Trump and his co-conspirators of functioning as a criminal gang.American law has long recognized through the crime of conspiracy that combinations of criminals are more dangerous than lone wolves. RICO is conspiracy on steroids, providing for stiffer penalties and other advantages like bringing multiple loosely connected conspiracies under one umbrella.Georgia has one of the most capacious RICO statutes in the country. The state’s legislature enacted it specifically to “apply to an interrelated pattern of criminal activity” and mandated courts to “liberally construe” it to protect the state and its citizens from harm. Under the law, prosecutors can charge a sprawling criminal enterprise and even include individuals who may not have known “of the others’ existence,” as one court put it.Here, the statute may be triggered by violations of an array of federal crimes as well as over 40 charges specific to Georgia, including forgery, false statements and influencing witnesses.Georgia RICO has become Ms. Willis’s signature. She applied it in cases like the Atlanta teacher cheating scandal, in which educators engaged in a wide-ranging scheme to inflate scores on standardized tests, and the prosecution of the rapper Young Thug, in which he co-founded a street gang that was accused of committing almost 200 criminal acts.In using RICO, Ms. Willis accuses Mr. Trump of functioning like a gang leader overseeing a theft ring, except instead of stealing cash or cars, he and his allies are accused of attempting to purloin the Georgia presidential election results.The overall charge includes four core schemes. The first was to pressure government officials to advance the objective of securing Georgia’s electoral votes for Mr. Trump, even though he lost. For the evidence here, in addition to Mr. Trump’s call to Mr. Raffensperger, Ms. Willis details other efforts by Mr. Trump and his co-defendants — including Mr. Giuliani’s pressuring of state legislators, Mr. Meadows’s pressure on election authorities and the co-conspirators’ lies and intimidation targeting the ballot counters Ruby Freeman and Wandrea Moss, who goes by Shaye. This also includes efforts in Washington that affected Georgia, such as the Department of Justice lawyer Jeffrey Clark’s preparation of an allegedly fraudulent draft letter targeting the state.Two-person audit boards working to recount ballots at the Gwinnett County Board of Registrations and Elections in Lawrenceville, Ga.Damon Winter/The New York TimesThe second scheme was the organization of electors falsely proclaiming that Mr. Trump was the winner in Georgia. Ms. Willis alleges that Mr. Trump personally participated in this effort; for example, he called the Republican National Committee with Mr. Eastman from the White House to organize the fake slates of electors, including in Georgia. And she charges a great deal of other activity in and outside Georgia.The third scheme was the unlawful accessing of voting machines in Coffee County, a rural county southeast of Atlanta. The indictment asserts that, after a White House conversation about getting access to election machines to prove supposed vote theft, Sidney Powell, a lawyer tied to Mr. Trump, along with Trump campaign allies and computer consultants, conspired to gain access to voting equipment in Coffee County.Ms. Willis’s inclusion of that plan spotlights what has been one of the more neglected aspects of the nationwide effort. Mr. Smith does not even mention it in his federal indictment. Yet the Willis indictment alleges that this was part of a plan discussed (in general terms) in the Oval Office.The fourth and final scheme is what has become a trademark allegation against Mr. Trump and his circle: obstruction and cover-up. Ms. Willis alleges that members of the conspiracy filed false documents, made false statements to government investigators and committed perjury during the Fulton County judicial proceedings.In addition to the RICO charges, each of the 19 defendants is charged with at least one other offense. Perhaps most telling among these is the charge against Mr. Trump and six others of felony solicitation of violation of oath by a public officer. This fits Mr. Trump’s demand for those 11,780 votes like a glove.Mr. Trump has already begun to defend himself, trying to get Ms. Willis and her special grand jury disqualified, based on an array of supposed conflicts and other grievances. The Georgia courts have already repeatedly rejected those arguments. He will also probably employ defenses similar to ones he and his legal team have laid out in pending criminal matters elsewhere, seeking removal to federal court and advancing First Amendment and intent defenses that have been picked apart by many legal experts.He and his co-conspirators may attempt to challenge the RICO charges on technical grounds, for example, arguing that the conspiracies are not sufficiently related under the statute. But Ms. Willis powerfully alleges otherwise, in particular emphasizing the unifying objective of Mr. Trump’s wrongfully seizing Georgia’s electoral votes.That all of this is likely to play out on television only deepens the historic nature of the indictment. Georgia law makes generous allowance for court proceedings to be broadcast, with the state rightly considering open courtrooms to be “an indispensable element of an effective and respected judicial system.” Assuming that rules against televising federal trials stand, the Georgia trial would be the only one that the public could watch as it unfolds. We know from the Jan. 6 hearings — as well as, in an earlier era, the Watergate hearings — the power of seeing and hearing these events. And they will remain for viewing in posterity as a lesson in the rule of law.There is one final important advantage of the Georgia case. It is shielded from what may be Mr. Trump’s ultimate hope: the issuance of a pardon should he or another Republican be elected president in 2024 (or a command by a Republican that the Justice Department simply drop the case). A president’s power to pardon federal offenses does not extend to state crimes.And pardons in Georgia are not an unreviewable power vested solely in the chief executive. They are awarded by the State Board of Pardons and Paroles — and are not even available until five years after completion of all sentences.The indictment from Ms. Willis strongly complements the federal case. It adds dimensionality, transparency and additional assurance of accountability for the former president and those who betrayed democracy in Georgia.Norman Eisen was special counsel to the House Judiciary Committee during the first impeachment of Donald Trump. Amy Lee Copeland, a former federal prosecutor, is a criminal defense and appellate attorney in Savannah, Ga.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    With Racketeering Charges, Georgia Prosecutor Aims to ‘Tell the Whole Story’

    Prosecutors have found racketeering laws to be powerful tools in targeting not only foot soldiers in a criminal enterprise, but also high-level decision makers.For more than 50 years, prosecutors have relied on a powerful tool to take down people as varied as mafia capos, street gangs like the Crips and the Bloods, and pharmaceutical executives accused of fueling the opioid crisis.Now a prosecutor in Georgia is using the state’s version of the Racketeer Influenced and Corrupt Organizations Act, better known as RICO, to go after former President Donald J. Trump, who along with 18 of his allies was indicted on Monday on charges of participating in a wide-ranging conspiracy to overturn the results of the 2020 election in Georgia.One power of RICO is that it often allows a prosecutor to tell a sweeping story — not only laying out a set of criminal acts, but identifying a group of people working toward a common goal, as part of an “enterprise,” to engage in patterns of illegal activities.Fani Willis, the district attorney in Fulton County, Ga., is using a RICO indictment to tie together elements of a broad conspiracy that she describes as stretching far outside of her Atlanta-area jurisdiction into a number of other swing states, a legal move made possible by the racketeering statute. Her investigation also reached into rural parts of Georgia — notably Coffee County, where Trump allies got access to voting machines in January 2021 in search of evidence that the election had been rigged.Signaling its breadth, the indictment brought Monday night laid out a number of ways the defendants obstructed the election: by lying to the Georgia legislature and state officials, recruiting fake pro-Trump electors, harassing election workers, soliciting Justice Department officials, soliciting Vice President Mike Pence, breaching voting machines and engaging in a cover-up.“RICO is a tool that allows a prosecutor’s office or law enforcement to tell the whole story,” Ms. Willis said at a news conference last year.Her challenge will be to convince jurors that the disparate group of 19 conspirators charged in the indictment — including a former president and a local bail bondsman, a White House chief of staff and a former publicist for Kanye West — were all working together in a sprawling but organized criminal effort to keep Mr. Trump in power.State and federal prosecutors have found that they can use RICO laws to effectively make such arguments, and Ms. Willis has done it before. So has Rudolph W. Giuliani, one of the defendants, who made his name trying racketeering cases against mafia families decades ago as a federal prosecutor in New York. Rudolph W. Giuliani, at the Fulton County courthouse in Atlanta last year.Nicole Craine for The New York TimesClark D. Cunningham, a law professor at Georgia State University, said the indictment “shows the incredible power brought to bear against Trump by using Georgia’s racketeering law,” noting that in addition to the 19 people charged, it encompassed “as many as 30 unindicted co-conspirators — over 160 separate acts in all.”But RICO laws have their detractors. Some critics say that the laws have granted too much power to prosecutors, allowing them to indict dubious members of “organizations” that are in some cases barely organized.“Because RICO is so expansive, and so open, as a tool, it allows people to be caught in its dragnet that are nothing like the people who were originally intended” when the laws were first developed more than 50 years ago, said Martin Sabelli, a past president of the National Association of Criminal Defense Lawyers.Another potential pitfall for a big RICO case is that it may become too complex for jurors to follow. As Michael J. Moore, the former U.S. attorney for the Middle District of Georgia, put it on Monday night: “When you fish with too big a net, you risk getting tangled up yourself.”Some of the defendants were already accusing Ms. Willis of overreaching. A spokeswoman for Jeffrey Clark, a former Justice Department official who was charged in the case, said Ms. Willis was “exceeding her powers by inserting herself into the operations of the federal government to go after Jeff.”Mr. Trump’s legal team said, “We look forward to a detailed review of this indictment which is undoubtedly just as flawed and unconstitutional as this entire process has been.”Mr. Trump and his allies have argued that their efforts to challenge his 2020 election loss in Georgia were well within the bounds of the law. Indeed, Mr. Trump has been laying the groundwork for his defense for months, arguing repeatedly that there was nothing illegal about his now-famous call to Brad Raffensperger, Georgia’s secretary of state, on Jan. 2, 2021.In that call, Mr. Trump told Mr. Raffensperger he hoped to “find” the 11,780 votes he needed to win Georgia.But the RICO indictment forces Mr. Trump to push back against a broader allegation — that he was part of a multipronged criminal scheme that involved not only calls to state officials, but the convening of bogus pro-Trump electors, the harassment of Fulton County elections workers, and false statements made by Trump allies, including Mr. Giuliani, before state legislative bodies.The Georgia State Capitol in Atlanta, where the fake electors gathered in 2020.Audra Melton for The New York TimesIn Georgia, RICO is a felony charge that carries stiff penalties: a potential prison term of five to 20 years, a fine or both.Racketeering statutes are an outgrowth of New York City’s long history of combating corruption and organized crime. The word “racketeer” itself is derived from the “racket” at boisterous Tammany Hall fund-raising dinners where it was an expectation, among crooked politicians, that anyone who hoped to get a piece of city business would buy tickets.Under Mr. Giuliani’s leadership in the 1980s, the U.S. attorney’s office for the Southern District of New York used RICO to prosecute powerful mobsters like Anthony “Fat Tony” Salerno of the Genovese crime family, and Anthony “Tony Ducks” Corallo of the Lucchese family. But Mr. Giuliani also used the federal statute to prosecute white-collar business cases.Ms. Willis may rival Mr. Giuliani in her deep well of experience with RICO charges. She made her name as an assistant district attorney by bringing a sprawling RICO case against educators in the Atlanta public school system in 2013 in the wake of a cheating scandal, and has used Georgia’s version of the law repeatedly since then.In the 2013 case, a group of Atlanta educators were accused of inflating standardized test scores and giving a false sense of academic progress. At the time, there was concern that the state was applying a law known for targeting the mob to a group of modestly paid public schoolteachers, most of whom were Black.“I think it’s overkill,” the Atlanta lawyer Bruce H. Morris told The Los Angeles Times. “RICO was originally designed for organized crime.”Ms. Willis has said defending the integrity of the education system — and children’s right to an education — was paramount. The trial ended with 11 defendants being found guilty of racketeering, with some convicted of other crimes.After being elected Fulton County’s top prosecutor in 2020, she has continued to be aggressive in using RICO to prosecute other cases, particularly in her fight against street gangs. The best known is the ongoing RICO conspiracy case against the group Young Slime Life, headed by the Atlanta rapper Jeffery Williams, who performs as Young Thug.Fulton County District Attorney Fani Willis made her name as an assistant district attorney by bringing a sprawling RICO case in 2013.Audra Melton for The New York TimesThe indictment charges that members of the group, known as YSL, committed the crime of conspiracy to violate the RICO act, and that certain members are responsible for crimes like murder, aggravated assault and armed robbery. Defense attorneys maintain that the group is merely a musical collective.In an analysis of the case for the pop culture website Complex, Andre Gee, a music and culture writer, blasted Ms. Willis for wielding RICO as an overly broad dragnet.“It’s an ugly, precedent-setting maneuver in the war on rap that can only happen because the law allows her to be creatively predatory with their definition of a ‘corrupt organization,’” Mr. Gee wrote.Some experts have argued that applying RICO charges in a criminal case allows prosecutors to use the laws’ often stiff penalties to pressure defendants marginally connected to criminal groups to take plea bargains. In the YSL case, Ms. Willis’s office obtained pleas from a number of defendants, securing admissions along the way that the group was indeed a criminal street gang.The Young Thug case, taking place in the same courthouse that may eventually host Mr. Trump, has shown how unwieldy a large racketeering case with multiple defendants can be: Jury selection, which began in January, has yet to be completed, and has been rife with hiccups and scandals.Noting that Ms. Willis is hoping for a trial within the next six months, Christopher Timmons, an Atlanta trial lawyer and former prosecutor experienced in RICO cases, said the timetable seemed to be “ambitious.”“Six months to start a RICO trial is lightning fast,” Mr. Timmons said in an email early Tuesday. “They usually take a year to put together. That suggests the D.A.’s office walked into the grand jury room knowing what their case will look like at trial.”Even though RICO laws now go far beyond mob-busting, their origins in fighting the New York mafia can still work against defendants in the court of public opinion.But a good defense lawyer can sometimes use the laws’ association with the mob to their client’s advantage. That was the case in 2013, when one of Mr. Trump’s current lawyers in Georgia, Drew Findling, was defending a sheriff in the suburbs of Atlanta who had been accused of corruption and was facing state RICO charges.In his closing argument at trial, Mr. Findling, according to The Atlanta Journal-Constitution, ridiculed state prosecutors for not reaching out to federal authorities if they truly believed they were dealing with a criminal on a par with the nation’s most infamous gangsters.His client was acquitted. More

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    Before He Faces a Jury, Trump Must Answer to Republican Voters

    After three other criminal indictments were filed against him, Donald Trump was accused on Monday of racketeering. In a new indictment, Fani Willis, the district attorney of Fulton County, Ga., charged him with leading what was effectively a criminal gang to overturn the 2020 presidential election in that state.The grand jury indictment says Mr. Trump and 18 others violated the state’s Racketeer Influenced and Corrupt Organizations Act, or RICO law, established by the federal government and more than 30 states and used to crack down on Mafia protection rackets, biker gangs and insider trading schemes. The Georgia indictment alleges that Mr. Trump often behaved like a mob boss, pressuring the Georgia secretary of state to decertify the Georgia election and holding a White House meeting to discuss seizing voting equipment.Mr. Trump, along with a group of associates that included his former chief of staff, Mark Meadows, and one of his lawyers at the time, the former New York mayor Rudolph Giuliani, were also accused of a series of crimes that go beyond even the sweeping federal indictment filed this month by the special counsel Jack Smith. The former president, for example, was charged with conspiracy to commit first-degree forgery, for arranging to have a false set of Georgia electors sent to Washington to replace the legitimate ones for Joe Biden. That same act also resulted in a charge against Mr. Trump of conspiracy to impersonate a public officer and a series of charges relating to filing false statements and trying to get state officials to violate their oath of office.Taken together, these four indictments — which include more than 90 federal and state criminal charges implicating his official conduct during his term and acts afterward, as well as in his personal and business life — offer a road map of the trauma and drama Mr. Trump has put this nation through. They raise questions about his fitness for office that go beyond ideology or temperament, focusing instead on his disdain for American democracy.And yet these questions will ultimately be resolved not by the courts but by the electorate. Republican primary voters, in particular, are being presented with an opportunity to pause and consider the costs of his leadership thus far, to the health of the nation and of their party, and the further damage he could do if rewarded with another four years in power.Put aside, for the moment, everything that has happened in the eight years since Mr. Trump first announced his candidacy for president. Consider only what is now on reams of legal paper before the American people: evidence of extraordinarily serious crimes, so overwhelming that many other defendants would have already negotiated a plea bargain rather than go to trial. This is what he faces as he asks, once again, for the votes of millions of Americans.“I’m being indicted for you,” the former president has been telling his supporters. “They want to silence me because I will never let them silence you.” But time and again, Mr. Trump has put his ego and ambition over the interests of the public and of his own supporters. He has aggressively worked to undermine public faith in the democratic process and to warp the foundations of the electoral system. He repeatedly betrayed his constitutional duty to faithfully execute the nation’s laws. His supporters may be just as angered and disappointed by his loss as he is. But his actions, as detailed in these indictments, show that he is concerned with no one’s interests but his own. Among the accusations against him:He took dozens of highly classified documents, some involving nuclear secrets and attack plans, out of the White House and stored them at Mar-a-Lago, his Florida residence, where guests of all kinds visit each year. Then, despite being asked multiple times, he refused to return many of these documents, instead working with his aides and confidants to move and hide the boxes containing them and to destroy video surveillance records of those acts, even after a subpoena from the Justice Department.He attempted to overturn the 2020 election by using what he knew to be false claims of voter fraud to pressure numerous state and federal officials, including his own vice president and top officials of the Justice Department, to reverse voting results and declare him the winner.He sought to disenfranchise millions of American voters by trying to nullify their legally cast ballots in order to keep himself in office. In doing so, he colluded with dozens of campaign staff members and other associates to pressure state officials to throw out certified vote counts and to organize slates of fake electors to cast ballots for him.In one example of the personal damage he caused, Mr. Trump led a scheme to harass and intimidate a Fulton County election worker, Ruby Freeman, falsely accusing her of committing election crimes. The Georgia indictment — accusing him of the crime of false statements and writings in official matters — says he falsely called her a “professional vote scammer” who stuffed a ballot box with fraudulent votes for Mr. Biden.After having extramarital sex with an adult film actress, he falsified business records to hide $130,000 in hush-money payments to her before the 2016 election.That list does not include the verdict, by a New York State court in May, that Mr. Trump was civilly liable for sexual assault against E. Jean Carroll. Nor does it include the ongoing asset and tax fraud prosecution of the Trump Organization by the New York attorney general, Letitia James.Time and again, Mr. Trump has demanded that Republicans choose him over the party, and he has exposed and exploited some genuine rifts in the G.O.P., refashioning the party to suit his own agenda. The party will have to deal with those fault lines and may have to reconfigure itself and its platform. But if Republicans surrender to his demands, they may find themselves led by a candidate whose second term in office would be even more damaging to America and to the party than his first.A president facing multiple criminal trials, some prosecuted by his own Justice Department, could not hope to be effective in enforcing the nation’s laws — one of the primary duties of a chief executive. (If re-elected, Mr. Trump could order the federal prosecutions to be dropped, though that would hardly enhance his credibility.) A man accused of compromising national security would have little credibility in his negotiations with foreign allies or adversaries. No document could be assumed to remain secret, no communication secure. The nation’s image as a beacon of democracy, already badly tarnished by the Jan. 6 attack, may not survive the election of someone formally accused of systematically dismantling his own country’s democratic process through deceit.The charges in the Georgia case are part of the larger plot described in the federal indictment of Mr. Trump this month. But Ms. Willis used tools that weren’t available to Mr. Smith. Georgia’s RICO statute allows for many more predicate crimes than the federal version does, including false statements, which she used to bring the charge against several of the defendants in the fake-elector part of the scheme.Altogether, the Fulton grand jury cited 161 separate acts in the larger conspiracy, from small statements like false tweets to major violations like trying to get the Georgia secretary of state, Brad Raffensperger, to decertify the state’s election by “unlawfully altering” the official vote count, which was in Mr. Biden’s favor. Though some of the individual acts might not be crimes themselves, they added up to what Ms. Willis called a scheme by “a criminal organization whose members and associates engaged in various related criminal activities,” all for the benefit of the former president of the United States.Those legal tools are part of a broad American justice ecosystem that is, at its core, a mechanism for seeking the truth. It is not designed to care about politics or partisanship; it is supposed to establish facts. To do so, it tests every claim rigorously, with a set of processes and rules that ensure both sides can be heard on every issue, and then it puts the final decision to convict in the hands of a jury of the defendant’s peers, who will make the weighty decision of guilt or innocence.And that is what makes this moment different from all the chaos of the past eight years. Mr. Trump is now a criminal defendant four times over. While he is innocent until proven guilty, he will have to answer for his actions.But almost certainly before then, he will have to answer to Republican voters. His grip on the party has proved enduring but not universal; while he is far ahead of the other candidates, a recent New York Times/Siena College poll showed that he is the choice of only 54 percent of likely primary voters. And about half of Republican voters told pollsters for Reuters/Ipsos that they would not vote for him if he was convicted of a felony.The indictments — two brought by elected prosecutors who are Democrats, all of them arriving before the start of Republican presidential primaries — have been read by many as political, and Republicans have said without evidence they are all organized for the benefit of Mr. Biden. Mr. Trump has amplified that message and used it to drive fund-raising for his campaign. Although the outcome of these indictments may have a political impact, that alone does not make them political. To assume that any prosecution of a political figure is political would, in effect, “immunize all high-ranking powerful political people from ever being held accountable for the wrongful things they do,” said Kristy Parker, a lawyer with the advocacy group Protect Democracy. “And if you do that, you subvert the idea that this is a rule-of-law society where everybody is subject to equal justice.”Mr. Trump has repeatedly offered Republicans a false choice: Stick by me, or the enemy wins. But a healthy political party does not belong to or depend on one man, particularly one who has repeatedly put himself over his party and his country. A healthy democracy needs at least two functioning parties to challenge each other’s honesty and direction. Republican voters are key to restoring that health and balance.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    A Law Used Against the Mafia — and Now Trump

    Rikki Novetsky and Rachel Quester, Patricia Willens and Listen and follow The DailyApple Podcasts | Spotify | Stitcher | Amazon MusicOn Monday, former President Donald J. Trump and 18 others were indicted by an Atlanta grand jury, with Mr. Trump and some of his former top aides accused of orchestrating a “criminal enterprise” to reverse the results of the 2020 election in Georgia.Richard Fausset, who covers politics and culture in the American South for The Times, explains why, of all the charges piling up against Trump, this one may be the hardest to escape.On today’s episodeRichard Fausset, a New York Times correspondent based in Atlanta.Former President Donald J. Trump has denounced the various criminal cases against him as partisan, unconstitutional and weak.Doug Mills/The New York TimesBackground readingA grand jury in Georgia indicted the former president and 18 allies on multiple charges related to a conspiracy to subvert the will of voters.Here are the latest developments in the investigation.There are a lot of ways to listen to The Daily. Here’s how.We aim to make transcripts available the next workday after an episode’s publication. You can find them at the top of the page.Richard Fausset More