GREAT Outline and walkthrough for those who don't want to read all the legal jargon in the Indictment
I wanted to explain the Georgia indictment as clearly and succinctly as possible. I come to this with a unique perspective. I was involved in Republican politics for decades and monitored this scheme as it was unfolding in real time. I am also a former federal prosecutor in Georgia, and am one of the few lawyers in America who has defended a huge, complex RICO jury trial and won.
RICO LAW
Most people know that Congress enacted the RICO statute decades ago as a powerful tool to break up the mafia families. However, it has also been used in state and federal courts to prosecute white collar fraud, criminal street gangs, drug trafficking organizations and a host of other criminal enterprises.
Many criminal organizations, such as the mafia, are set up by a leader who doesn't necessarily do the dirty work themselves. People are recruited by others to engage in criminal conduct in furtherance of the conspiracy. A mob boss typically doesn't commit the murders, rob the banks, or sell the drugs himself. Other people do that for them. The leaders may not even know many of the people in their organization because they make sure that they have direct contact with as few people as possible.
The RICO statute is designed to be able to convict the leaders of criminal enterprises and hold them accountable for the crimes committed by their underlings, even though on a daily basis they didn't directly order each specific crime. The "soldiers" or "workers" are expected to "earn" by committing crimes. The boss doesn't want or need to know what those crimes are, just that a percentage of the proceeds is paid up to the bosses.
To prove RICO, you have to prove that a group of individuals were organized and put together to accomplish an unlawful objective. You then have to prove that there was some kind of structure or organization, with various people receiving direction from above and carrying out certain missions "in furtherance" of the criminal objective. RICO statutes typically require 2-3 "predicate acts" be committed by each of the charged defendants.
In the Trump RICO indictment, he is charged with organizing a criminal conspiracy to attempt to overturn the 2020 election. His co-defendants are charged with joining that conspiracy and committing unlawful acts to accomplish the goal. These acts included false statements and perjury, impersonating public officials, forgery, filing false documents, computer theft and hacking, fraud, theft of documents, and tampering with witnesses.
THE TRUMP RICO INDICTMENT
This is how the conspiracy played out according to the indictment:
Rudy Giuliani, Jenna Ellis and Sidney Powell made false statements at a press conference in Nov 2020 with wild accusations of fraud.
Trump, Mark Meadows, and John McEntee draft a memo for their plan to disrupt and delay counting electoral votes from 6 states on J6. Pence was to refuse to count those states and return the issue to the state legislatures who would the adopt the alternate slate of Trump electors, citing "fraud."
Rudy, Jenna, John Eastman and Atlanta lawyer Ray Smith solicited 14 GA Senators to sign off on their fake electors based on voter fraud.
Rudy and Trump made separate phone calls to the President of the GA Senate claiming voter fraud.
Trump calls Gov Brian Kemp to pressure him to call a Special Session. Kemp refused.
Trump then tweets that Kemp and Lt. Gov Duncan are ignoring fraud and refusing to call a Special Session. This begins a pattern where Trump would lie, GA officials would say he is wrong, then Trump would tweet to his millions of followers that they are being traitors and the public should pressure them to go along with the scheme. This happens over and over.
Powell hires a firm to illegally breach voting machines to collect data to try to show votes were "flipped."
Eastman and GA lawyer Robert Cheeley plan to set up meetings in 6 states where alternate slates of electors would be selected and would sign false certificates for Trump.
Cheeley sends an email to a GA Senator saying Eastman told him a Special Session must be called immediately where the GA legislature would approve the alternate electors on the grounds of fraud.
A "Patriot Call to Action" is tweeted calling on people to pressure GA officials to call a Special Session.
Trump has campaign official Bill White get personal and contact info on the GA Senate President and Majority Leader. White sends the info to Rudy.
Trump then calls the Speaker of the House to demand a Special Session.
Trump then calls the GA AG asking him to investigate false claims of fraud and to join the lawsuit filed by other state AGs in Texas.
Trump and Eastman call Ronna McDaniel to ask her to help them recruit people to serve as fake electors.
Trump attorney Kenneth Chesebro writes a memo to Trump campaign attorney outlining how the fake elector scheme would work.
Documents were then sent out to the state GOP Chairs for the 6 contested states for the fake electors to sign.
Rudy then testifies to the GA House the following fabricated things: Video showed election workers stealing votes, Ruby Freeman was using USB ports to flip votes, 96,000 fraudulent mail-in ballots were counted. This was all made up.
Rudy calls WI GOP official to tell him to keep the fake elector scheme secret.
Chesebro sends email to Rudy with multiple different plans to disrupt or delay counting the electoral votes on J6.
Rudy sends email telling everyone in each state to keep the fake elector meetings secret.
Trump tweets out, "Demand this clown call a special session now!" referring to Kemp.
Fake electors in 6 states meet and sign the false certificates under oath that they were "the duly elected and qualified electors" for their states.
Illinois pastor Stephen Lee is recruited to drive to Ruby Freeman's house in an attempt to coerce her into falsely confessing to fraud.
When Freeman refused to speak to Lee, he asked Harrison Floyd with Black Voices for Trump to help him. He said he thought Freeman wouldn't speak to him because he was white.
Rudy and Powell meet with Trump at the WH to discuss strategy, which included seizing voting machines and appointing Powell as Special Counsel to investigate fraud.
Powell hires a firm to hack and copy voting data from Dominion machines.
Meadows flies to GA and attempts to observe an audit of signature-verification ballots by investigators. He is denied entry because it isn't a public meeting.
Trump then calls the Chief Investigator, tells him that he won, and pressures him to find fraud: "When the right answer comes out, you'll be praised."
Eastman then sends email to Chesbro saying that the best plan was to get Pence (or Grassley if Pence was absent for some reason) to "act boldly and be challenged," because that would cause a delay that could throw things back to state legislatures.