Donald Trump indicted: RICO explained, potential jail time for ex-president.
Former President Donald Trump Indicted on 13 Felony Charges in Georgia
Late Monday, former President Donald Trump was hit with a bombshell indictment in Fulton County, Georgia. The indictment includes 13 felony charges, including violations of Georgia’s Racketeer Influenced and Corrupt Organizations statute, which prohibits racketeering and carries a potential prison sentence of up to 20 years.
Trump was charged alongside 18 other defendants, all key figures who allegedly aided in his efforts to subvert the 2020 election results in Georgia. The indictment was handed up by a grand jury before midnight on Monday, according to Fulton County District Attorney Fani Willis.
Implications for Trump’s Pardon Options
Unlike the federal charges he is facing, Trump cannot be pardoned by a president or himself in Georgia if convicted. State charges can only be pardoned by an independent board appointed by the governor. The board requires the completion of all sentences, a law-abiding life, no pending charges, and full payment of fines.
However, Trump could attempt to move the case to federal court, as he has done in his New York case. This move raises questions about the scope of the “federal officer removal statute” and whether it applies to Trump. Even if successful, the offenses would still be considered Georgia state crimes subject to the same pardon rules.
Understanding Georgia’s RICO Law
The charges against Trump in state court allege violations of Georgia’s Racketeer Influenced and Corrupt Organizations Act, which is broader than its federal counterpart. While the federal RICO law requires at least two underlying crimes and participation in a long-running criminal enterprise, Georgia’s RICO law has a shorter time requirement and lists nearly 50 qualifying underlying crimes.
Trump and his top allies, including Rudy Giuliani, Mark Meadows, and Jeffrey Clark, were named in the indictment. Giuliani, in particular, is now facing a RICO charge himself, having used RICO to target organized crime during his career as a prosecutor in New York City.
Potential Jail Time for Trump
If convicted of the RICO charge, Trump could face a sentence of five to 20 years. Additionally, an individual conspiracy conviction carries a minimum sentence of one year with a variable maximum sentence. The judge has discretion in determining the sentence, which could range from probation to prison time.
With Monday marking Trump’s fifth indictment in less than five months, the stakes for his legal troubles have reached a fever pitch. Fulton County District Attorney Fani Willis stated that if Trump is convicted of the RICO charge, there would be no probation and a mandatory minimum sentence of five years. However, Trump could appeal the verdict and hope for a reversal on appeal.
Trump may explore other avenues to fight the charges, such as initiating impeachment proceedings against Willis in the state’s House and Senate. However, achieving a two-thirds majority vote would be challenging. Additionally, Trump’s allies could take advantage of a new law that allows for the investigation and potential removal of elected district attorneys or solicitors-general who consistently fail to fulfill their duties.
As the legal battle unfolds, all eyes are on the former president and the potential consequences he may face.
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