Guest: Attorney Keith Barber's primer on the crime of Racketeering; Also: Raskin on Trump trying to 'steal' the 2020 election; Election Day in OH...
For some reason, it seemed like a good moment on today's BradCast to bone up on exactly what "racketeering" or RICO charges are. I have a feeling it may come in handy in the days ahead. [Audio link to full show follows below this summary.]
But, FIRST UP, it's Election Day in Ohio. One single statewide ballot issue, in the middle of August. That's because Republican lawmakers were hoping to undermine a ballot measure set for this November which, if successful, will codify protection for reproductive freedoms into the state Constitution.
For more than 100 years in the Buckeye State, Constitutional Amendments were adopted via the ballot with a simple majority vote. Today's measure, Issue 1, would raise the requirement needed for passage to a 60% super-majority. Of course, the GOP's Issue 1 on the ballot today would require just 50% + 1 for passage.
As we've been reporting, despite the state Republicans' attempt to sneak their anti-democracy Amendment past voters (after, earlier this year, adopting legislation to ban August Special Elections), early voting has been huge. Today's Election Day turnout was reportedly higher than expected as well. Happily, there were, so far, only a few reported problems at the polls. We'll see if that changes and we'll have reported results on this critical measure tomorrow.
THEN, over the weekend, Donald Trump's top attorney on his new indictment by Special Counsel Jack Smith for his many failed attempts to steal the 2020 Presidential election, was all over the news shows offering absurd defenses for his client's crimes. John Laura told Meet the Press, for example, that "a technical violation of the Constitution" isn't actually unlawful.
Congressman Jamie Raskin (D-MD), who happens to be a Constitutional law professor (as well as both the Lead Manager for the U.S. House during Trump's second impeachment for insurrection and a member of the bipartisan House Select Committee investigating it) strongly begged to differ. Critically, he noted in his response to Lauro's remarks, there are people serving years in jail in this country for falsifying one single vote, whereas Trump "tried to steal the entire election."
Thank you, Congressman!
NEXT, we continue to await what is almost certainly going to be Trump's fourth criminal indictment in about as many months. This one will come any day now, likely this week or next, courtesy of Fulton County, Georgia District Attorney Fani Willis in relation to Team Trump's failed attempts to steal the Peach State's election in 2020 from Joe Biden and the state's voters.
Her case, for reasons explained on today's program, could be expansive, including many charges and many conspirators acting in concert with Trump. Exactly who will be charged and what they will be charged with remains unknown.
Among the many questions about Willis' case: Will she invoke the state's "Racketeer Influenced Corrupt Organizations" (or RICO) Act or just simple conspiracy charges? And, oh, by the way, what are the difference between the two, as RICO is best known for use against organized crime by the mafia, etc.?
Luckily, KEITH BARBER, former attorney, former Republican and current Daily Kos contributor on law and Constitutional matters, recently wrote about exactly that and joins us today for a helpful RICO primer and insights into Willis' likely imminent indictments.
Short version of the difference between "conspiracy" and "RICO", as Barber wrote last month: "Conspiracy requires an agreement between the co-conspirators to commit what are usually specific crimes. RICO does not require proving any such agreement. So long as the parties commit the required predicate offenses, as part of the same 'enterprise,' acting 'in furtherance of a common purpose,' RICO can be satisfied."
As Barber tells me today: "The mob boss doesn't necessarily plan anything with the guy who is running the protection racket He may not even know him. But they are both engaged in the same broad criminal enterprise. That's the distinction between RICO and conspiracy. You don't have to show the connections that are shown in the [Jack] Smith indictment of Trump between the co-conspirators. It's sufficient if they engage in a pattern of racketeering activity in furtherance of the same general objective."
If you'd like a more detailed explanation, tune in to today's show, when Barber also offers his thoughts on who is likely to be indicted. "All indications are, all the hints are, that it's going to be a whole lot of people, with a whole lot of charges. It's kind of mind-boggling how many people it could be."
Also discussed: last night's court ruling in columnist E. Jean Carroll's rape and defamation case against Trump and his counter-suit for defamation against Carroll. Short version: Trump's suit was tossed as the judge confirmed that, yes, Trump was found by a jury to have been a rapist according to common vernacular, and Carroll's second civil trial against him (she already won $5 million from him during the last one, now she's suing for at least $10 million) is scheduled to begin early next year and could be a very very short trial given everything that was already established as a fact in the first trial.
FINALLY, Desi Doyen joins us for our latest Green News Report, as the death toll rises under prolonged extreme heat in Arizona; climate change unleashes a brand new flooding problem in Alaska; President Biden moves to protect a million acres from uranium mining near the Grand Canyon, and extreme rains and deadly flooding continue to pummel parts of Europe...
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