 "The Trump saga: Indictment, RICO law & future of presidential campaign")
Former United States President Donald Trump and his co-defendants faced indictment this month for their involvement in a campaign to overturn the 2020 US election results in Georgia. The initial surrender took place in Atlanta's Fulton County jail, where Scott Hall, a Republican poll watcher, and John Eastman, a former lawyer for Trump, turned themselves in, according to a report by Aljazeera. Using Georgia's "RICO law," a law often associated with organised crime, Georgia prosecutors accused Trump and 18 others of plotting to unlawfully change the election outcome.
Scott Hall and John Eastman turn themselves in
Scott Hall was implicated in a breach of voting systems that occurred in Coffee County in early 2021, while John Eastman was accused of playing a significant role in a plan to maintain Trump's hold on power. Eastman expressed his belief that the indictment was unfounded, stating that he and his co-defendants would be vindicated once the legal process was followed.
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Prosecutors gave the co-defendants until Friday to surrender voluntarily to the Fulton County Jail, where their information would be collected. Trump, despite denying any wrongdoing, announced his intention to turn himself in on Thursday. He criticised the situation, expressing disbelief at being arrested by District Attorney Fani Willis.
The indictment against Trump associates accused Scott Hall of participating in a conspiracy to access voter data illegally, while John Eastman, a former dean of Chapman University law school, advised Trump in the lead-up to the January 6, 2021, Capitol riot. Eastman outlined steps for Vice President Mike Pence to interfere in the electoral vote count. The indictment also mentioned efforts to establish alternate electors, falsely certifying Trump's victory.
What is the RICO law?
A Georgia district attorney, Fani Willis, initially opened an investigation into Donald Trump following the release of a phone call between the former President and Georgia's secretary of state, Brad Raffensperger, in January 2021.
In the phone call, Trump had suggested to the Republican Raffensperger to "find" the votes to overturn Joe Biden's win in the state.
The Racketeer Influenced, and Corrupt Organisations or RICO law was used to charge Trump and his associates.
This federal law was enacted by section 901(a) of the Organised Crime Control Act of 1970 in the United States to prosecute those in positions of authority within a criminal organisation. This counterbalances the targeting of those at lower levels who do the "dirty work" and often take the fall for the whole group.
The Aljazeera report added that in 1989 the US Supreme Court had stated that the law was broad enough "to encompass a wide range of criminal activity, taking many different forms and likely to attract a broad array of perpetrators."
Overall, the RICO law allows the prosecution of several individuals committing different crimes while working together to achieve a common goal.
It must be noted that the scheme does not need to be successful for the individuals to be prosecuted.
91 charges against Trump
This has marked the second indictment against Trump related to 2020 election interference and his fourth criminal charge of the year. Prior charges include federal election interference and mishandling of classified documents.
According to the Washington Post, Trump is now facing a cumulative of 91 charges in his four indictments. This includes 44 federal felony charges and 47 state felony charges. The charges are as follows, as laid out by the report.
In Georgia, Trump faces 13 charges. This includes four charges for "soliciting or impersonating a public officer," eight counts related to "forgery or false statements and documents", and one racketeering charge, referring to the RICO law.
For the January 6, 2021, US capitol attack, Trump is facing one count of "Conspiracy to defraud the US government", one count of "Conspiracy against civil rights", and two counts of "obstruction".
There are 40 charges against the former US president for hoarding classified documents illegally and trying to cover up his actions. This includes 32 counts of "willful retention of national defense information", six counts of "related to obstruction, withholding or altering documents", and two counts of "false statements".
In a separate instance, Trump has 34 charges against him for allegedly falsifying business records. This is in connection to "hush money" paid to adult film actress Stormy Daniels in 2016.
What happens next?
Two other defendants, Jeffrey Clark and David Shafer, sought to transfer the case to federal court. Clark argued his actions related to his work in the Justice Department, while Shafer's actions were influenced by his role as a Presidential Elector nominee. Former White House chief of staff Mark Meadows also justified his actions as White House-related. A Georgia judge approved a $200,000 bond agreement for Trump, with stringent rules regarding his behaviour before the trial.
Trump has denied all charges. However, he also stated that he would turn himself in as ordered by the court.
As the Los Angeles law professor Richard Hasen told CNN back in April, “Nothing stops Trump from running while indicted, or even convicted." He added that according to the US Constitution, there are only three requirements for presidential candidates. They must be a natural-born citizen, at least 35 years old, and a resident of the US for at least 14 years.
There are no limitations based on criminal records preventing Trump's candidacy.
However, according to a report by the New York Times, election administrators can decide to disqualify him under Section 3 of the 14th Amendment. This refers to individuals who, after taking oath to uphold the constitution, "engage in insurrection or rebellion". If this were to happen, the US Supreme Court would have to decide on whether the disqualification would be applied.