The Georgia Case Against Trump Relies on a Dangerous Application of RICO Law

October 10, 2023

District Attorney Fani Willis’ preferred weapon wasn’t designed to be used this way.

by Joe Lancaster Reason.com

In 1969, Lawrence Speiser, the director of the American Civil Liberties Union’s Washington, D.C., office, appeared before Congress to testify against a proposed law that would greatly expand the powers of federal law enforcement. “Our constitutional system of government wisely limits the range of methods available to us, reflecting our historical commitment to liberty and justice rather than to efficiency and expediency,” Speiser said. “To the extent that this puts us at a disadvantage in dealing with the criminal organization, it is a price we must pay, for ultimately it is this which distinguishes the lawful from the lawless society.”

Despite Speiser’s warnings, Congress passed and President Richard Nixon signed the Racketeer Influenced and Corrupt Organizations (RICO) Act. Intended to crack down on the mafia, the law enabled prosecutors to build conspiracy cases by using certain state and federal crimes as “predicate acts” to establish an “enterprise.”