A former federal prosecutor is challenging the validity of the indictment against former President Donald Trump in Georgia.

In a recent development, the former prosecutor has criticized the indictment against Trump and his allies by Fulton County. Labeling it as a flawed case, he argued that efforts to change an election outcome are legal, as reported by the Daily Wire.

Indictment details

The concerns expressed relate to the racketeering conspiracy indictment against Trump and a number of those involved in exploring potential irregularities following the 2020 election.

The indictment alleges that attempts to change an election outcome are not only legal but also that the genuine criminal enterprise posed a continuous threat.

Fulton County District Attorney Fani Willis recently unveiled a 41-count indictment against Trump and 18 others.

They are accused of trying to overturn the 2020 presidential election results.

The charges include alleged violations of Georgia's version of the Racketeering Influenced and Corrupt Organizations (RICO) Act and solicitation of an official to breach their oath of office.

Criticisms raised

Former Chief Assistant U.S. Attorney in the Southern District of New York, Andrew McCarthy, expressed skepticism. He penned an opinion piece for The Messenger.

McCarthy highlighted what he perceives as "a giant hole" in the indictment. He pointed out the absence of a clear crime that Trump and his co-defendants could have plausibly agreed upon.

Racketeering conspiracy charges are generally associated with mafia-like criminal organizations.

Such charges require an agreement between two or more individuals to breach a criminal statute.

McCarthy emphasized that without an agreement to commit a crime, there can be no conspiracy.

Indictment's allegations

The indictment by Willis alleges that Trump and his co-conspirators sought to continue Trump's presidency in the wake of the 2020 in which Joe Biden was declared the winner.

The group supposedly tried to "change the outcome of the election in favor of Trump."

However, McCarthy argued that attempting to reverse election results without a shared "overarching objective" isn't technically a crime.

McCarthy further criticized Willis for trying to circumvent the need for proof of the objective.

He pointed to the indictment's use of tautology, specifically on its 14th page.

The indictment describes the situation as a "conspiracy to unlawfully change the outcome of the election in favor of Trump."

RICO charges and their applicability

McCarthy also questioned the relevance of the RICO charge in the Georgia case.

He stated that Trump and the co-defendants neither intended nor desired to be part of a group. They didn't even perceive themselves as a group.

Their alleged goal was to keep Trump in power, he said, not to participate in an enterprise.

Democratic State Representative Tonya Miller of Georgia, who also served as a prosecutor in Fulton County, offered a different perspective.

Speaking to MSNBC, she explained that the term "enterprise" in state law is defined broadly. It encompasses individuals, legal or illegal businesses, and government agencies.

Broader implications of the RICO Act

Miller elaborated on the expansive nature of Georgia's RICO Act. She mentioned that it is broader than its federal counterpart.

It doesn't just cover crimes that can form the basis of racketeering activity. It can also encompass acts involving crimes and threats related to crimes. This broad scope is evident in the current indictment.

Emory University Law Professor Fred Smith Jr. shared insights on the matter. He stated that the act of conspiracy could be counted as long as it furthers the same objective.

He added that there needs to be illegal activity, a pattern of it, as defined by Georgia law. However, actions not necessarily illegal in themselves can qualify if they further the same illegal goal.

Conclusion

• A former federal prosecutor has criticized the indictment against Trump and his allies.
• The Fulton County District Attorney has levied a 41-count indictment against Trump and 18 others.
• Andrew McCarthy, a former Chief Assistant U.S. Attorney, has raised concerns about the indictment.
• The indictment alleges attempts to change the 2020 election outcome in favor of Trump.
• McCarthy questions the relevance of the RICO charge in this case.
• Democratic State Representative Tonya Miller offers a different perspective on the RICO Act's applicability.
• Emory University Law Professor Fred Smith Jr. provides insights into the broader implications of the RICO Act in Georgia.