We’ll know soon enough, but if there are RICO charges in the indictment, they present particularly thorny problems for Trump:
1. RICO is easy to prove in Georgia. “As long as it’s a crime that forwards the goal of the conspiracy, being in this case, the election fraud, misrepresentation, you can do it,” former Fulton County prosecutor and current criminal defense attorney Manny Arora told WSB-TV.
2. “Being convicted of a RICO violation can bring a long prison sentence and it can have a powerful financial hit too, because victims of a RICO violation can bring civil suits against participants.” Interesting idea, that it opens Trump and his co-conspirators to further civil litigation.
3. Georgia’s RICO Act has a five-year minimum confinement sentence and 25 maximum, according to Gwen Keyes Fleming, a former DeKalb County DA who appeared on MSNBC. She did note that the five years could be served under probation. But does anyone think Trump won’t violate any conditions of probation? He thinks he has a “free speech” right to do whatever he wants, and break any law he wants.