The recent indictment against former President Donald Trump in Georgia invokes the state’s Racketeer Influenced and Corrupt Organization (RICO) law, typically employed for prosecuting organized crime syndicates. The indictment accuses Trump and 18 others of conspiring to overturn the 2020 presidential election results. Within the legal framework, the term “overt acts” refers to actions taken to advance the objectives of a conspiracy, even if they are not standalone crimes. In this case, the indictment highlights these “overt acts” as evidence of a coordinated effort to overturn the election results.
The heart of the Georgia indictment centers around the assertion that Trump and his associates committed over 160 “overt acts,” which encompassed tweets, speeches, phone conversations, and meetings. These acts serve as proof of a collaborative endeavor to manipulate the election outcome. From a legal standpoint, the overt acts form the foundation of the narrative, illustrating a pattern of racketeering activity driven by a shared plan and objective to overturn the election.
Georgia’s RICO law, which boasts a broader scope than its federal counterpart, has been used by Fulton County District Attorney Fani Willis in various cases, ranging from prosecuting street gangs to addressing public school teacher cheating scandals. This law requires the prosecution to establish an ongoing pattern of racketeering activity united by a common plan and purpose.
Trump’s speeches, actions, and tweets are all deemed overt acts in this indictment, as they collectively contributed to the overarching objective of undermining the election outcome. Even actions outside of Georgia can be included in the indictment if they are deemed part of the wider illicit endeavor.
By relying on the RICO law in the indictment, the prosecution aims to emphasize the systematic and orchestrated effort to disrupt the election results using various means, whether through verbal communication or other actions. This strategic utilization of legal terminology seeks to portray a methodical campaign to undermine the election outcome.