Former Trump 2020 campaign attorney Jenna Ellis pled guilty this morning in the Georgia election-interference case to a minor offense — aiding and abetting the provision of false information to the state — for which she will receive no jail time.
Fulton County district attorney Fani Willis has hyped her prosecution of Donald Trump, Ellis, and 17 others affiliated with the Trump campaign as a racketeering-conspiracy case, depicting the former president as the head of an organized-crime enterprise. I have contended that Willis does not have a RICO case under Georgia’s analogue to the federal Racketeer Influenced and Corrupt Organizations Act of 1971. The throng Willis has indicted did not function as an identifiable criminal “enterprise” as defined in RICO, and she lacks a single criminal objective as to which she can say all 19 defendants agreed. (It is not a crime to seek to reverse an election result — indeed, Georgia law provides for legal challenges to election outcomes.)
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