Ill see at the end of Donald Trumps fourth criminal indictment, number four appears to be days away. Nbc news is now reporting that Voting Congress returning fani willis is expected to present her case to the grand jury next week. We know the d. A. Willis has been investigating trumps efforts to overturn the 2020 election in georgia. Her investigation appears to have quite a bit in common with the federal case being brought by Special Counsel jack smith in washington, d. C. The case in georgia may prove to be different than dak smith s case in one very meaningful way. To understand that, we have to go back to 1979. The City Of Atlanta was experiencing an unprecedented wave of crimes. It wasnt Nbc Nightly News in august of that year. During the First Six Months of the year, crime and atlanta was up 30 . Robbery and aggravated assault were upset many percent. Murder was up to. Atlanta has had 140 homicides the, highest total since 1973. That was the way that the National Media was talking about the City Of Atlanta as the decade closed out in 1979. Here is the headline in the New York Times that same month. Atlanta fearing for national reputation, mounting urgent fight on the crime. But same year the georgia governor sent State Troopers to atlanta after a Wall Street Journal Story suggested that the citys crime wave might undermine attempts to Drug Business to the state. State lawmakers started passing tough and harsh new policies to try and crack down on crime. Next, year 1980, georgia lawmakers decided that one of the ways they could deal with the rising crime was to adopt a new rico statute. You might have heard the phrase rico used in conjunction with famous mafia cases. It refers to the racketeer influenced and corrupt organizations act, are ico. It is a federal law that the Department Of Justice uses to go after organized crime. During the 19 80s, a young u. S. Attorney by the name of Rudy Giuliani was making a name for Himself Prosecuting Mafia Members Under Federal Rico laws. Put a pin in that one because we are going to come back to rudy and Rico A Little Bit later. Anyways, down in georgia, the rico statute that they were crafting was different than the one that giuliani was using after the mafia dons. The legal scholar told the new yorker that they created the reconstitute in 1980, first to target the mafia, and then black street gangs and non traditional conspiracies. At the time, georgias predominantly white state Assembly Said that they needed the new rico law to address the increasing sophistication of various criminal elements. Increasing sophistication. And said the Georgia Legislature made their request last tougher than the ones that the feds were using. For instance, for federal prosecutors to charge someone under rico, they have to show that person is part of a larger Criminal Organization that has usually been around for sometime. The Georgia Rico Law is much broader. Prosecutors in georgia dont have to show that somebody is part of a large criminal operation. The georgia definition of Criminal Enterprise can encompass a wide range of illegal for a single criminal goal. The georgia rico, love the one that was dreamed up by the tough on crime good old boys of the 1980 legislature, thats the law the d a fani willis now has at her disposal to prosecute donald trump and his allies. To prosecute them in a way that no federal prosecutor can, not even Special Counsel jack smith. But we dont know if any changes or charges the danny willis is bringing in her case, but we know some hints. For instance, d. A. Willis brought in some help. Some help from in Named Jon Floyd who is considered an expert in georgias rico law. She brought in the rico guy. There is that. D. A. Willis has also very publicly professed her preference for charging the people under rico statutes. Here she was in a planned Press Conference last year speaking about an unrelated case. I am a fan of rico. Of told people that. The reason ive told that is because i think the jurors are very intelligent. They want to know the whole story. They want to know what happened. They want to make an accurate decision about somebodys life. Rico is a tool that allows a Prosecutors Office and Law Enforcement to tell the entire story. Im a fan of rico, rico is a tool that allows the Prosecutors Office to end to tell the whole story. All right now. I it should be noted that over the course of her career, d. A. Willis has been making use of the recall us time and time again. She is recollects to prosecute atlantic teachers who conspired to rig standardized testing scores in what ended up being the longest criminal trial in georgia history. She used we go to prosecute have artist young thug had 27 associates for their involvement in murder and armed robbery, and drug dealing. She is used georgias rico lie in all sorts of ways that you might not normally think of as racketeering, it begs the question if this Georgia Statute is broad enough to charge all of those different people, but stopping her from using it against former president and his allies . Joining us now is michael more, former u. S. Attorney for the middle district of georgia. Michael, always great to see you. Ive got many georgia really the legal questions. Do you think that its a stretch for d. A. Willis to potentially prosecute the former president on Racketeering Charges . Im glad to be with you, and ill try to answer your georgia questions. I think its a unique posture to put the case in. And really, you think about rico, the name itself, you talk about a corrupt organization. Essentially, and well have to see from indicting it. How she identifies the Trump Campaign, or the republican party, or the state gop. I was going to now call that en masse a corrupt organization . But that will be a different use of the act itself. The beauty for her in having the rico statute available assay you really cant talk about all of the dirty laundry and not just maybe the former president s pair of socks or something. She can actually talk about things that other people did and how that ties into this grand scheme for the use of various crimes to file with the rico statute. She can talk about that without having to necessarily charge each individual count. It just lets you talk about again, shes almost able to give the jury in the book as opposed to simply a chapter or a few sentences out of the book. She can talk about the beginning, the end, the middle, the plot, all the twists, and how that plays in her proof of what we call Predicate Acts it will be necessary for her to prove under the statute. It was a unique one to do it, and they are generally considered a gift. Its almost like a Conspiracy Camp for prosecutors, something that is a gift as you move forward. Well see if she does it in this case. Sounds like its a big bucket, for lack of and more artful term. In it, she its not just the call from trump to Secretary Of State brad raffensperger, is the fake electors plot in georgia. Its the tampering with the Voting Machines in coffee county. The dismissal of u. S. Attorney b j pak. Iran has forgotten about him. So much happened in georgia, and that can all fit into a potential rico charge. You just hinted at this in your previous answer, but i would assume that the indictment that comes down is going to be quite illustrative. The special purpose grand jury that sort of handed out its recommendation, it was a very short document. I would assume, and i love your thoughts on this, that this Grand Jury Indictment is going to be something a little bit meteor. Is that accurate . It likely will be. In georgia, criminal indictment, as we were talking about, it doesnt have to be the long narrative. It can simply list out the offenses that the state intends to prove. In this case, because of the nature of the case, we will see more of that like we have seen some of the federal cases. As she talks about the Predicate Acts, heather approved, maybe this conspiracy, which i think we will see there as well, shes going to want to go into some detail. You might think about the requests at you like this. It is a little bit like the twine pulls and ties the package together. She can put it all in the wrapping paper, wrap it, instead, she lets her have a sort of a single gift if you will to give the jury. You know, there are some danger to having a detailed indictment. The feds are generally entitled to indictments that are near perfect as you go forward. There can be challenges, and it also sets forth the prosecutor proving it. The danger of having a very detailed indictment is that the Defense Attorney might be able to find one thing that wasnt quite right, i won it like a thread, start to unravel the case. Once you create some of that in a jurys mind, its often hard to go back. Thats why you often see more abbreviated indictments in cases like that, typically in the federal court, or in a state court system. This is a unique case, and i think that they will try to spell out what she was taken, how she arrived, all the charges shes asking the grandeur of out. We noted that she brought in the rico guy, the guy in georgia known as the rico expert. A gentleman Named Jon Floyd. I dont mean to put you on the spot but im going to put you on the spot. Have you heard tell of jon floyd . Is he a known character in georgia law . What do you tell us about his heels in terms of rico and painting the narrative essential to making a case in terms of the court of public opinion. I know john and i consider him to be a good colleague and friend here in the bar. We see each other at events from time to time and talk. I think hes a good lawyer, he is certainly confident. A very good firm. Im not surprised to see her bringing him in and using him in this way in her investigation. She has used him before in a rico case, and he is been known when it comes to being a scholar for rico charges. Maybe using that a little bit creatively by prosecutors. She is put together a good team, a strong team, were just sort of now trying the team out on the field i guess. We will see how these things play out. Was the indictment comes. And i think its basically a foregone conclusion. Either that or we have a lot of Traffic Delays and disruptions down around the courthouse because of security. Its a probably next week we will see in a diamond, maybe a couple of indictments. Certainly involving several defendants rolling out fairly quickly. Speaking of security, hes had quite a bit of vitriol for d. A. Willis, a new ad taken, out targeting a number of prosecutors. Ill play the part relevant to d. A. Willis. We can play that now . Is news like, eat funny willis. On her watch, quite Violent Crimes have exploded. We can expect more of that im sure. I would wonder that given all of the back and forth over protective orders in the federal case in and around trumps efforts to subvert democracy on january 6th, do you think that there is going to be a similar battle to protect the discovery evidence, just effectively curving trumps impulses to target witnesses, prosecutors, judges . How is that going to work in atlanta . His mother is his biggest enemy. I hope whoever put that edgy gather was fired immediately, because its one of the dumbest things he could. Do he might as well be pouring gasoline and the engine of the Prosecutors Office in a case like that to run that kind of nonsense out there. It is silly. Prosecutors expected, that they expect to be called names. It fired him up at times, i think hes just energize that. It also causes sometimes courts and other things to circle around and protect folks as well. I just think there is a dumb move, and thats about the kindest word that i can think to say better right now. I wouldnt be surprised to see if there is some effort for a gag order. I think that hes shown a pattern, his team has shown a pattern of trying to intimidate witnesses. That might very well be an added provision on the rico statute if he continued that kind of conduct. He might see a followup indictment. Certainly some proof about it. We are balancing here the rights of a defendant, a punitive defendant at this point, but a criminal defendant, to have access to information. Making a criminal discovery, criminal documents against him in court, see what the witnesses say the, identity of those witnesses, what theyre expected to testify to, what they have testified to in the past. A defendant does have those rights. You couple that with a unique posture that we are in a political season, the same time trump is attacking, his team is attacking the prosecutors, maybe youve got his republican opponents and rivals that want to take his old job. Theyre attacking him now, theyve seen the grown a background after several years. They want to come out now and take a shot at him, and youve got the current president , who if trump is a nominee, will be running in a campaign against trump. He is going to have ads out there. They will have to be a balancing of trumps right to campaign, his right to free speech, his right to political speech, his right to respond to attacks and attack ads that are in the political season. When you cross over that place where you start doing those things the jeopardize the safety of witnesses, it becomes criminal. I dont think that the judge is down here going to take kindly to it. That is definitely over the line. We havent even gotten an indictment yet. Michael moore, former u. S. Attorney for the middle district of georgia, good to see you sir, thank you for your time tonight. Always a pleasure. Thank you. We have lots more ahead tonight, including why jack smith might be interested in trumps twitter account, and prosecutors asking a judge to limit what trump can say publicly about his legal peril. A heavily armed man in utah made threats against prosecutors and political figures, and President Bidens shot and killed by the fbi. Were talk about that coming up next, stay with us. Metamucil gummies make it easy to get the fiber you need. Promoting your Digestive Health for a better you. Metamucil gummies. The easy way to get your daily fiber. 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