Fani Willis’s Monstrous Trump Case

If Willis is to be believed, a person need not commit or agree to commit any statutory crime in order to be guilty of RICO conspiracy.

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Fulton County district attorney Fani Willis speaks during a news conference at the Fulton County Government building in Atlanta, Ga., August 14, 2023.

Joshua Lott/The Washington Post via Getty Images

Oh, about those 161 “overt acts” in furtherance of a RICO conspiracy that Fulton County district attorney Fani Willis trumpeted in the first few dozen pages of her mammoth indictment of Donald Trump and 18 co-defendants. Never mind. Turns out, according to Willis, that those 161 acts don’t really define the sprawling conspiracy to — well, to do something. They just give you some flavor.

The prosecutor now says she need not prove any of them. That was Willis’s position in contesting the attempt by Trump’s co-defendant and former chief of staff, Mark Meadows, to remove the prosecution to federal court. The district attorney insists that, instead of proving what she’s ramblingly pleaded in the first 60 pages of the indictment, she can just prove other acts, even if they’re not in the indictment. By the DA’s lights, whatever she decides to prove just needs to be somehow connected to what she frames as a conspiracy to reverse the result of the 2020 presidential election — notwithstanding that it is not a crime to try to reverse the result of an election.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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