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      Inside Fani Willis’s Georgia Investigation of Donald Trump

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      Fani T. Willis faced hiring challenges, threats, a judge’s reproach and a series of legal obstacles over her two-and-a-half-year investigation of Donald J. Trump.Fani T. Willis was barely three days into her new job as district attorney of Fulton County, Ga., when a potential case caught her attention.A recording had emerged of Donald J. Trump, in his waning days as president, telling Brad Raffensperger, the Georgia secretary of state and a fellow Republican, that he wanted to “find” nearly 12,000 votes, or enough to reverse his narrow 2020 election loss there. The call fell squarely in Ms. Willis’s new jurisdiction, since Fulton County includes the State Capitol building in Atlanta where Mr. Raffensperger works.Ms. Willis had inherited an office with a deep backlog of cases exacerbated by the pandemic, and had limited staff. But she knew almost immediately that she would investigate.“When allegations come about — about anything that would hamper society’s ability to believe in fair elections, or if there is even conduct that rises to the level of suspicion, I don’t think that I have a choice,” Ms. Willis said in February 2021, shortly after announcing that she had opened a criminal inquiry into the matter.Over the next two and a half years, what began as an examination of a single phone call became a sprawling investigation stretching across multiple counties and states and into the federal government. On Monday, Ms. Willis announced that a grand jury had indicted 19 people on 41 felony counts, including Mr. Trump and a number of his former top aides and allies, on charges that they had criminally conspired to overturn the results of the 2020 election in her state.That the most expansive case against Mr. Trump and his associates would emerge from a local prosecutor’s office in the Deep South was never a given.Her office faced frequent security concerns and threats as the investigation played out, many of them racist, leading Ms. Willis to have staff members outfitted with bulletproof vests.There was a parade of legal challenges from witnesses reluctant to testify in her investigation — including from Senator Lindsey Graham and Mark Meadows, Mr. Trump’s former chief of staff — though most eventually did so after losing court battles.Ms. Willis’s own political judgment became a sticking point when a judge berated her for headlining a fund-raiser for a Democrat rival of a state lawmaker who was one of the investigation’s potential targets.Through it all, she made clear that she would not be deterred. When she and a lawyer for Gov. Brian Kemp, a Republican, got into a disagreement over the terms of Mr. Kemp providing testimony in her investigation, Ms. Willis wrote to the lawyer in an email: “You have taken my kindness as weakness,” adding, “Despite your disdain, this investigation continues and will not be derailed by anyone’s antics.”Ms. Willis, center, with her team during proceedings to seat a special grand jury in May 2022.Ben Gray/Associated PressSecurity around the Lewis R. Slaton Courthouse in Atlanta was increased leading up the indictment announcement.Hilary Swift for The New York TimesWhile Ms. Willis has been depicted by Mr. Trump and his allies as a left-wing zealot, she is actually a centrist, law-and-order prosecutor. Only a few months before taking office, when she was facing a primary against her old boss, an anonymous flier circulated that superimposed a photograph of Ms. Willis standing next to Mr. Trump and branded her as a Republican.Before becoming district attorney, she was best known for helping lead a high-profile case a decade ago against a group of educators in the Atlanta public school system who were involved in a widespread cheating scandal. Some attacked her for prosecuting teachers and other educators, but she retorted in a 2021 interview that she was sticking up for children.“Y’all can put it in my obituary,” she said of the criticism.From the start of the Trump investigation, Ms. Willis floated the possibility of bringing charges under the state’s version of the Racketeer Influenced and Corrupt Organizations Act, or RICO, as she had done in the cheating case. One of her early hires as an outside consultant, in March 2021, was John E. Floyd, who wrote a guidebook on such laws, published by the American Bar Association.But the investigation was slow to develop. Today, Ms. Willis has about 10 people working on the case, including Mr. Floyd, out of a total work force of 370 people.Finding a lead prosecutor for what would be one of the highest-profile cases in the state’s history was another hurdle. After several candidates turned her down, she enlisted an old friend, Nathan Wade, a defense lawyer and former municipal court judge whose small firm handled personal injury cases as well as criminal defense.As the case heads toward trial, Ms. Willis’s office is prosecuting another sprawling racketeering case involving prominent local rappers accused of operating a criminal gang. That case has its own dramas slowing it down, including legal sparring over evidence of a goat sacrifice and jury selection that has already taken more than seven months.“We’re not one-dimensional, right?” Ms. Willis told a local radio station recently, adding that her office could pursue the election investigation “while making sure that, as you see, the murder rate is dropping in Atlanta. We can walk and chew gum at the same time.”By last summer, the Trump investigation took a critical turn on two fronts. A special grand jury was empaneled at Ms. Willis’s request. In Georgia, such juries cannot bring indictments, but can gather information for longer periods of time than regular grand juries can, giving them the ability to dig into complex issues.At the same time, the House committee investigating the Jan. 6 attack on the U.S. Capitol began its public hearings, and its fact-gathering would be a valuable source of information for the Georgia investigators.But Ms. Willis was soon found to have committed a misstep. In July 2022, the judge presiding over the case, Robert C.I. McBurney, barred her from pursuing charges against Burt Jones, a state lawmaker and Republican candidate for lieutenant governor in Georgia. Ms. Willis had headlined a recent fund-raiser for Mr. Jones’s Democratic rival.Ms. Willis, right, and Judge Robert C.I. McBurney of Fulton County Superior Court, in the process of seating a grand jury in July.Brynn Anderson/Associated PressThe police removed flowers and photographs of Ms. Willis that were placed outside the courthouse the morning after the indictment was announced.Amir Hamja/The New York Times“This scenario creates a plain — and actual and untenable — conflict,” the judge wrote in his decision, after noting during a hearing on the matter that “the optics are horrific.” By then, Mr. Jones, one of the 16 pro-Trump “alternate electors” in Georgia, had been told that he could face charges, along with the other fake electors. But any potential prosecution of Mr. Jones, who eventually won election as Georgia’s lieutenant governor, would have to be handled by another prosecutor.The special grand jurors spent the second half of last year interviewing about 75 witnesses over seven months.“We definitely started with the first phone call, the call to Secretary Raffensperger,” said Emily Kohrs, the forewoman of the special grand jury, in an interview in February.From there, they heard evidence about how votes and voting machines were handled. They discussed the vote counting that took place at State Farm Arena in downtown Atlanta, and the false claims that Rudolph W. Giuliani, Mr. Trump’s former personal lawyer, and other Trump allies made about ballot fraud taking place there.The jurors “talked a lot” about state legislative hearings that Mr. Giuliani spoke at in December 2020, spreading misinformation about the election, Ms. Kohrs said, “and then we talked some about events leading up to and immediately following the January phone call.”They also heard evidence about Trump allies breaching the election system in a rural county south of Atlanta in hopes of finding evidence that the election had been rigged.As the special grand jury’s work proceeded, Mr. Trump hired a high profile Atlanta lawyer, Drew Findling, who had represented rappers such as Cardi B, Gucci Mane and Migos.Mr. Findling tried repeatedly to derail the investigation, an aggressive strategy that is not unusual among Mr. Trump’s growing retinue of lawyers. Complications proliferated as a number of witnesses wavered, and by May more than half of the bogus Trump electors were cooperating with Ms. Willis’s office.Georgia judges also appeared to run out of patience with the Trump team’s filings. The State Supreme Court unanimously rebuffed Mr. Findling’s efforts to have Ms. Willis disqualified. And Judge McBurney, of Fulton County Superior Court, encouraged the Trump team to follow professional standards “before burdening other courts with unnecessary and unfounded legal filings.”This week, after the charges were announced, Mr. Findling and Mr. Trump’s other Georgia lawyers, Jennifer Little and Marissa Goldberg, said in a statement that they “look forward to a detailed review of this indictment which is undoubtedly just as flawed and unconstitutional as this entire process has been.’”With the indictment in the books, a new set of legal battles is now sure to begin. Ms. Willis has made clear that this is not an ordinary prosecution, going so far as to instruct many employees to work from home for the first half of August as charges loomed and security concerns built.Yet she has also emphasized that in some ways, she will treat the case against Mr. Trump like any other.If anyone interfered with the election, “I have a duty to investigate,” she said, adding: “In my mind, it’s not of much consequence what title they wore.” More

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      Here Are the Possible Dates for Trump’s Trials

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      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

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      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

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      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’

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      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

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      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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      Trump Attacks Georgia Prosecutor Fani Willis on Truth Social

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      As former President Donald J. Trump waits to learn if he will be indicted in Georgia over election interference in 2020, he has ramped up his verbal attacks on the prosecutor leading the investigation, Fani T. Willis, the Fulton County district attorney.In an all-caps post on his social media platform, Truth Social on Monday, Mr. Trump wrote that Ms. Willis was out to “get Trump” and accused her of prosecutorial misconduct. As he has before, he criticized her time in office, arguing that she was overly lenient on crime and had “allowed Atlanta to become one of the most dangerous cities anywhere in the world.”Mr. Trump’s attacks have been sharply personal. He has frequently attacked Ms. Willis with unsubstantiated claims, including an oft-repeated accusation that Ms. Willis, the first Black woman to hold her position, is racist.Ms. Willis has previously dismissed Mr. Trump’s attacks. In an email to her colleagues last week that was published by The Atlanta Journal-Constitution, Ms. Willis called Mr. Trump’s recent comments “derogatory and false” and urged restraint, writing that “we have no personal feelings against those we investigate or prosecute and we should not express any.”Mr. Trump has for years shown a tendency to aggressively denigrate his political opponents in an effort to discredit them. As he faces mounting legal woes, the former president has waged a similarly pugnacious campaign against the prosecutors who have investigated and accused him of misconduct. All of them have faced similar personal attacks from him.Last week, Mr. Trump’s campaign began running an ad in which he dubs four prosecutors — Ms. Willis; Alvin Bragg, the Manhattan district attorney; Letitia James, New York’s attorney general; and Jack Smith, the special counsel who brought two federal indictments against him — a “Fraud Squad.”According to the ad, all four lawyers are corrupt and “unscrupulous” allies of President Biden who are trying to keep Mr. Trump from winning the 2024 election. Ms. Willis, the advertisement says, is “Biden’s newest lackey.”In schoolyard fashion, the former president has given Ms. Willis and the other prosecutors nicknames. He calls Ms. Willis “Phoney Fani.” He has clarified that the misspelling is intentional: Ms. Willis has been investigating a phone call in which Mr. Trump pushed Georgia’s secretary of state to overturn the state’s election results.Mr. Smith has been dubbed “Deranged Jack Smith.” Mr. Trump has also referred to him on social media as a “lunatic,” a “thug” and a “psycho.”Ms. James, who filed a lawsuit accusing Mr. Trump of fraudulently overvaluing his assets, was labeled “Peekaboo,” a nickname Mr. Trump has yet to fully explain.Some of Mr. Trump’s attacks call attention to race. Mr. Trump has often called the three Black prosecutors investigating him — Mr. Bragg, Ms. James and Ms. Willis — racist, though he does not cite any specific evidence. Earlier this year, Mr. Trump called Mr. Bragg an “animal” backed by George Soros, the financier and Democratic donor. A group of civil rights leaders condemned the remarks as racist and said they veered into antisemitic conspiracy theories surrounding Mr. Soros, who is Jewish. More

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      As Indictment Decision Looms, Here’s What to Know About the Trump Investigation in Georgia

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      A grand jury could decide within days whether former President Trump should be indicted for interfering in the state’s 2020 presidential election.Starting on Monday morning, prosecutors in Fulton County, Ga., are expected to present a grand jury with the findings from their two-and-a-half-year investigation into former President Donald J. Trump and a number of his allies for their multipronged effort to overturn Mr. Trump’s narrow election loss in Georgia in November 2020.The grand jury will likely decide within days whether Mr. Trump should be indicted for interfering in the presidential election in Georgia. The former president has already been indicted in three separate cases this year, a staggering legal burden for a politician who is running for another term.Mr. Trump is far ahead of competitors in the race for the 2024 Republican nomination, and neck-and-neck with President Joseph R. Biden Jr. in a potential rematch, according to a New York Times/Siena College poll conducted in late July.Here is what we know about the investigation in Fulton County, which includes most of Atlanta.Why is Mr. Trump under investigation in Georgia?Fani T. Willis, the Fulton County district attorney, began looking into whether Mr. Trump and his associates violated Georgia law shortly after a recording was released of Mr. Trump talking by phone to Brad Raffensperger, Georgia’s secretary of state, on Jan. 2, 2021. During the call, Mr. Trump insisted that he had won the state of Georgia and made baseless allegations of fraud, even though multiple recounts confirmed that he had lost.Mr. Trump told Mr. Raffensperger that he wanted to “find” 11,780 votes in the state — one more than he needed to win Georgia and its Electoral College votes.Over time, court documents and other public records revealed that Ms. Willis, a Democrat, was also investigating false statements that lawyers for Mr. Trump made in state legislative hearings; a meeting of 16 pro-Trump Republicans who cast bogus Electoral College votes for him; an intimidation campaign against a pair of Fulton County election workers falsely accused of fraud, and a successful effort by Trump allies to copy sensitive software at an elections office in rural Coffee County, Ga.An audio recording of Mr. Trump talking to Brad Raffensperger, secretary of state of Georgia, was played during a hearing by the Jan. 6 Committee.Alex Wong/Getty ImagesWhat laws may have been broken?In February 2021, Ms. Willis, in a letter to state officials, said the potential laws violated include “the solicitation of election fraud, the making of false statements to state and local governmental bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration.”That list may not prove definitive for a number of reasons, including that investigators probably had not settled on the final scope of their inquiry at the time. Outside legal experts have said that the Coffee County data breach could result in charges like computer trespassing and computer invasion of privacy.Ms. Willis signaled repeatedly that she was considering pursuing charges under the state’s racketeering law, which is often used to target members of an “enterprise” that has engaged in a pattern of criminal activity.The federal racketeering law is best known for being used against members of the mafia. But federal and state racketeering laws have been used in a wide array of cases. Prosecutors often use the laws to ensure that leaders of a criminal enterprise, and not just the foot soldiers, are held accountable.Who else is being scrutinized?The Georgia investigation may prove to be the most expansive legal challenge yet to the efforts that Mr. Trump and his advisers and other associates undertook to keep him in power after he lost the 2020 election. Nearly 20 people are known to have been told that they could face charges. They include Rudolph W. Giuliani, the former New York City mayor who, as a Trump lawyer, made numerous false claims about voter fraud at Georgia legislative hearings.They also include David Shafer, the former chair of the state Republican Party. He oversaw the meeting of the bogus electors in December 2020; more than half of the electors have been cooperating with Ms. Willis’s office.A number of lawyers who worked to keep Mr. Trump in power have been under scrutiny in the investigation, including John Eastman, Sidney Powell, Jenna Ellis and Kenneth Chesebro. Last year, Mark Meadows, the former White House chief of staff, was ordered to testify before a special grand jury that aided in the investigation.The Justice Department blocked an effort to seek the testimony of Jeffrey Clark, a former high-ranking lawyer in the department who sought to intervene in Georgia on Mr. Trump’s behalf after the 2020 election.A number of people whose names have been mentioned in connection with the investigation have said that they did nothing illegal, including Mr. Trump, who has described his call to Mr. Raffensperger as “absolutely perfect.”A Trump supporter protested election results at the Georgia State Capitol in downtown Atlanta in the days after the 2020 election.Audra Melton for The New York TimesHow does the Georgia inquiry relate to other investigations of Mr. Trump?Ms. Willis has said that she has not coordinated with Jack Smith, the special counsel in two federal investigations of Mr. Trump that have resulted in indictments. But Ms. Willis’s team has made use of the voluminous documents and testimony about election interference efforts produced by Congress’s Jan. 6 Committee.One of the federal cases is related to the former president’s handling of classified documents; the other to his efforts to reverse his defeat in the 2020 election. Another indictment, in New York State, is related to what prosecutors described as a hush-money scheme to cover up a potential sex scandal and clear his path to the presidency in 2016. Mr. Trump has pleaded not guilty in all three cases.What would come next?If the Fulton County grand jury decides to indict, any defendants will have to make their way to Atlanta to be booked and arraigned. A number of them could face multiple charges, and the potential sentences could be steep: Violating the racketeering law alone can potentially result in a five-to-20-year sentence.There is also the question of when a trial might occur, given Mr. Trump’s legal troubles in several other venues. If the Georgia case results in multiple defendants, pretrial matters like jury selection could take months. More