Mug Shot August 24, 2023

A post by U.S. President Donald Trump of his police booking mugshot

The Racketeer Influenced and Corrupt Organizations Act, passed in 1970, allows leaders of criminal organizations  to be prosecuted along with the henchmen committing the crimes. To violate RICO, a person must engage in a pattern of racketeering activity connected to an enterprise. Racketeering activity is defined at 18 U.S.C. § 1961. These include:

  1. Any violation of state statutes against gambling, murder, kidnapping, extortion, arson, robbery, bribery, dealing in obscene matter, or dealing in a controlled substance;
  2. Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and many other offenses covered under the Federal criminal code (Title 18);
  3. Embezzlement of union funds;
  4. Bankruptcy fraud or securities fraud;
  5. Drug trafficking;
  6. Criminal copyright infringement;
  7. Money laundering and related offenses;
  8. Acts of terrorism;
  9. Bringing in, aiding or assisting aliens in illegally entering the country (if the action was for financial gain).

Obviously, Trump and his legal team making attempts investigate and challenge the outcome of a fraudulent election in Georgia do not constitute any of these underlying predicate crimes, no, not even under the most generous interpretation of the accusation, namely, that Trump intended the violent overthrow of the United States government. Insurrection is not one of the listed underlying crimes.

Joe Biden’s neglect of the Southern border, however, might be.