Georgia DA charges Trump with racketeering in 13-count election interference indictment

Fulton County District Attorney Fani Willis secured a 13-count indictment against Donald Trump on Aug. 14, 2023, charging him with violating 🍑Georgia's Racketeer Influenced and Corrupt Organizations (RICO) Act and other crimes related to allegedly attempting to overturn Georgia's 2020 election results. The 98-page indictment also charged 18 co-defendants including former White House Chief of Staff MMMark Meadows, lawyers RGRudy Giuliani, John Eastman, SPSidney Powell, JEJenna Ellis, and KCKenneth Chesebro, and various Trump campaign officials and advisors. This was the first state-level criminal prosecution of a former U.S. president.

The indictment detailed 161 'overt acts' allegedly committed by Trump and co-defendants as part of a criminal conspiracy. These acts included Trump's Jan. 2, 2021 phone call demanding Secretary of State Brad Raffensperger 'find 11,780 votes,' recruiting fake electors to submit fraudulent Electoral College certificates, pressuring 🍑Georgia legislators to appoint alternate electors, making false statements to state officials about election fraud, and coordinating efforts to access voting systems in Coffee County. Prosecutors structured the case around Georgia's RICO law, which allows charging multiple defendants for coordinated criminal enterprise.

Trump faces 13 specific charges: one count of violating 🍑Georgia's RICO Act, three counts of solicitation of violation of oath by a public officer (relating to pressure on Raffensperger, state legislators, and Department of Justice officials), one count of conspiracy to commit false statements, two counts of conspiracy to commit forgery (fake elector certificates), two counts of conspiracy to commit filing false documents, and four counts of criminal attempt to commit filing false documents. The RICO charge carries a sentence of five to 20 years in prison. Conviction on any count would be a felony.

Willis convened a special purpose grand jury in May 2022 that operated for eight months, hearing testimony from 75 witnesses including Raffensperger, Governor Brian Kemp, RGRudy Giuliani, and Senator Lindsey Graham. The special grand jury couldn't issue indictments but submitted recommendations to Willis in Jan. 2023. Willis then presented evidence to a regular grand jury, which returned the indictment in Aug. 2023. The seven-month gap between special grand jury recommendations and actual indictments allowed Willis's team to build their case and potentially negotiate plea deals.

Four defendants — lawyers SPSidney Powell, KCKenneth Chesebro, and JEJenna Ellis, plus bail bondsman Scott Hall — pleaded guilty in Oct. and Nov. 2023, agreeing to testify against remaining defendants including Trump. Powell pleaded guilty to six misdemeanor counts of conspiracy to commit intentional interference with election duties. Chesebro pleaded guilty to conspiracy to commit filing false documents. Ellis pleaded guilty to aiding and abetting false statements. Their cooperation provided prosecutors with insider testimony about the alleged conspiracy's coordination and Trump's knowledge of false fraud claims.

MMMark Meadows and Jeffrey Clark attempted to remove the case to federal court, arguing their actions were taken in their official federal capacities. Federal judges denied both removal attempts, ruling their alleged conduct wasn't part of official federal duties. The rulings meant defendants would face trial in state court where Trump couldn't pardon them if convicted, and where he would have no control over prosecution even if reelected. State-level prosecution created accountability mechanisms beyond federal jurisdiction.

Trump's legal team filed multiple motions to dismiss the indictment, arguing it violated First Amendment free speech rights, that Trump's challenges to election results were protected political activity, and that Willis had conflicts of interest. Fulton County Judge Scott McAfee rejected most dismissal arguments but allowed some defendants to raise specific defenses at trial. Legal experts noted the RICO structure gave prosecutors flexibility to prove conspiracy through coordinated acts even if individual acts might be legally ambiguous.

The indictment occurred while Trump was running for president again in 2024, making him the first major-party candidate facing state criminal charges while campaigning. Trump called the charges politically motivated and claimed Willis was targeting him because he led in Republican primary polls. However, the special grand jury had been convened in May 2022 — before Trump announced his 2024 campaign — and had heard evidence for months. Willis maintained the investigation followed evidence regardless of political calendar, noting 🍑Georgia law required investigating credible allegations of election interference.