Prosecutors in the hearing room at the DA's table: attys Daysha Young, Will Wooten & Donald Wakeford + #RICO expert & special prosecutor John Floyd
Special prosecutor Anna Cross is also present.
For the defense it's #Trump & David Shafer's #legal teams.
Steve Sadow, Trump's lead Atlanta attorney, is currently arguing why his client's speech at issue in the indictment is core political speech that's protected under the #1A.
#Georgia DA rebuts defense’s protected “political speech” / #1A argument because this isn’t about lying in #PoliticalSpeech, it’s about filing false documents & making false statements to the #court & the government.
Additionally, the lies were employed as a part of #criminal conduct & not protected.
Overt act in a criminal #conspiracy
The purpose of presenting the overt acts is to show that it is part of the overall operation – the #CriminalConspiracy.
lol. The last #Trump#Georgia#criminal#RICO defense argument was that charges should be dismissed because the term #FakeElectors was a legal conclusion & disparaging.
DA prosecutor got up for his turn & started by saying, “the words ‘fake electors’ do not exist anywhere in the indictment.”
The #Georgia DA prosecutor went on to argue that case #law & GA statutory law supported the use of characterizations in indictments.
Another great line from the DA atty Will Wooten was that all indictments include #legal conclusions, that’s what indictments are.
If indictments aren’t allowed to have legal conclusions, then I guess we can’t have indictments anymore.
"No active judge on the U.S. Court of Appeals for the 11th Circuit was interested in sitting en banc to rehear Mark Meadows’ case for moving his Georgia RICO case to federal court, the court said Wednesday in a brief denial."
What in the world was Fani Willis thinking?
(couldn't agree more)
by Ruth Marcus
As a #legal matter, the allegations about a romantic relationship between #FultonCounty DA #FaniWillis & the chief prosecutor in the #ElectionInterference case against #Trump are irrelevant. Even if all the claims are true, they wouldn’t imperil the prosecution or justify dismissing the indictment…. As a question of atmospherics, though, the situation is a disaster…
— an unexpected gift to #Trump that he will #exploit not only to discredit the #Georgia prosecution but also to augment his broader claims of being unfairly persecuted. It would be advisable for special prosecutor #NathanWade to step aside, as a group of #legal#ethics experts has suggested, but the harm has already been done & could get worse: On Mon, a judge ordered records unsealed in Wade’s divorce case.
Assuming the allegations are accurate, #FaniWillis displayed monumentally poor judgment by bringing in Wade, a fmr municipal court #judge & #lawyer in private practice w/scant expertise in complex #criminal cases; he has been paid ~$650k, at an hourly rate of $250. (That might sound like a lot, but it’s …consistent w/compensation for other outside attys.) Adding fuel to the fire are recs, filed in Wade’s divorce proceedings, indicating he paid for Willis’s travel to SF & Aruba. #Trump#law#RICO
What in the world was Willis thinking? She did not help herself after the allegations surfaced by insinuating that the criticism was racially motivated since there were no complaints about her hiring 2 other special counsels, who are White. “They only attacked one,” Willis said. Um, she’s only accused of having a romantic relationship w/one.
The judge in a sprawling Georgia racketeering trial centered on Grammy-winning rapper Young Thug ruled the artist’s lyrics can be admitted as evidence. Prosecutors say the songs contain admissions of directing gang activity, but the defense says lyrics don’t equate to real crimes. Read more from CNN about the case and why critics say the use of a rap lyrics as evidence is a racist double standard. https://flip.it/d0AcAH #RICO#Lyrics#Georgia#Rap
[#veille#journeedetude] 15 novembre - Journée d'étude internationale sur les premières implémentations de RiC /
International study day on early - implementations of records in contexts -
The decision is subtle in places and not as clearly written as it might be, but reasoning is sound, vindicating positions argued by #FaniWillis and skillfully grappling with complexities created by #RICO statute. My effort to illuminate, thread. 1/ #LawFedi
I've read through Georgia's HB-231, the Bill signed into law that enables a new Oversight Commission, populated by the Georgia Supreme Court, to remove District Attorneys or Solicitors General from their positions and bar them from such position for 10 years.
The Act is being touted as a way of removing Fani Willis and destroying her prosecution of the RICO case she has brought against Trump and his cronies before she can get started; mainly by MAGA Republicans (not the brightest bunch). I was concerned, so I checked.
I'm not worried now.
The Commission is slated, in the Act, to come into existance October 1st 2023 and publish its rules for District Attorneys and Solicitors General 𝗻𝗼𝘁 𝗯𝗲𝗳𝗼𝗿𝗲 April 1st 2024 [Section 3 paragraph (n)] and no complaints against District Attorneys and Solicitors General can be lodged before that date.
The process involved in investigating, considering, trying, deciding, and removing a District Attorney or Solicitor General is under no time constraints in the Act and anybody removed from their position — which it must be noted is an 𝗲𝗹𝗲𝗰𝘁𝗲𝗱 position – has recourse to the Georgia Supreme Court for reversal.
So far it's looking like the trials are going to be done and dusted before anything can happen to Fani Willis.
Thanks to @Teri_Kanefield for pointing me in the right direction.
#RICO and #Racketeering regarding Trump because they sound cool but they both mean one thing: Organized crime. The criminal defendant has been a two-bit cheating fraudster pimp scumbag his entire adult life. Now he's finally going to prison where he should have been long ago.
Criminal defendant donald learned everything he knows from the king of blackmail and dirty tricks. Mob shill roy Cohn taught him to get dirt on people from the start. Who knows what the FBI found in his safe.
“RICO” means “Racketeer Influenced and Corrupt Organizations.” Under the Georgia RICO law, it is a crime for any person through a pattern of racketeering activity to acquire or maintain any interest in or control of any type of property or business.
A person may be charged with RICO (O.C.G.A. § 16-14-4) if they participate in an interrelated pattern of criminal activity motivated by or resulting in monetary gain or economic or physical threat or injury.
#TrevianKutti, the former publicist of rapper Kanye West indicted alongside #Trump, has been granted #bond.
Kutti was granted a $75,000 bond. She is being charged w/violating the State’s #RICO Act, #conspiracy to commit #solicitation of false statements & writings & influencing #witnesses.
"Mark Meadows, the former White House Chief of Staff, has been granted bond Thursday after his attorneys met with the Fulton County District Attorney’s Office."