Trump files motion to dismiss Georgia RICO case

Photo by Gage Skidmore on Flickr

Fani Willis thought she could build her political name on being the Democrat prosecutor who took down Donald Trump.

But Willis was in for the surprise of her life.

Donald Trump just blindsided Fani Willis with one bombshell move in court.

Fulton County Democrat District Attorney Fani Willis didn’t even pretend she was running a legitimate trial.

Willis slapped together an indictment where she charged anyone and everyone she could find who came across Donald Trump’s orbit in the aftermath of the 2020 election.

The indictment Willis dropped against Trump and co-defendants criminalized asking lawyers for legal advice on how to contest an election as well as asking for recounts.

One of the lawyers Willis indicted was Jeffrey Clark who served in the Trump administration as the assistant attorney general of the Environment and Natural Resources Division and later as the acting assistant attorney general for the Civil Division.

Willis indicted Clark because he wrote a draft letter to Georgia officials where he laid out his case that widespread fraud cost Donald Trump the election.

Since Willis said no fraud existed Clark’s letter amounted to part of a conspiracy to make false statements to government officials.

Clark’s real crime was contesting an election that Democrats won.

In a motion to dismiss the case Clark’s attorneys noted that Clark’s letter was just a draft and his superiors and the Justice Department nixed sending it.

That meant Clark had no contact with anyone in Georgia which should remove him from this case.

“There is zero allegation or evidence that Mr. Clark directed any purposeful activity into the State of Georgia,” the motion stated. “The inquiry ought to end there. But it gets worse: there are zero specific allegations or evidence that Mr. Clark agreed with any resident defendant to do anything. An arm-waving general and conclusory allegation that all defendants conspired to unlawfully overturn the 2020 election is not sufficient to meet the threshold due process requirements for establishing personal jurisdiction.”

Clark’s lawyers argued this case amounted to Willis seeking to punish political opponents for “thought crime” while seeking to jail the leading challenger to the candidate Willis supports in the election.

Willis inserting the criminal justice system into the election amounted to a targeted demolition of Americans’ constitutional republic.

“So here we are: this District Attorney seeks to imprison the leading presidential candidate of her opposite political party, to the acclaim of those baying for his destruction. She has dragged all of us not just into the outskirts of dangerous constitutional territory but into the maelstrom of a full-blown constitutional collapse,” the motion continued.

The motion to dismiss laid out the case that Willis sought to criminalize anyone who disagreed with her assertion that there was no fraud in Georgia during the 2020 election, which is a direct attack on the First Amendment’s guarantee of free speech.

“The Indictment rests on a dogmatic premise that the election of President Biden was free of material irregularity and that any thought, expression, or conduct of the Defendants to the contrary was necessarily wrongful and criminal, and thus constituted a massive (but on its face preposterous) Georgia RICO conspiracy,” the motion added.

Clark’s lawyers contended that Willis’s assertion that the government is able to declare false opinions as criminal opinions amount to republic-ending tactics.

“No branch or department of any government, being bound by the First Amendment, may dictate that opinions regarding the election are criminally ‘false,’” Clark’s lawyers insisted. “Such matters may not be prosecuted in our constitutional Republic. At issue is whether we actually still live in such a Republic.”

If Democrats were confident Joe Biden could defeat Donald Trump at the ballot box, critics argue that Joe Biden’s allies in the prosecutors’ offices wouldn’t have brought these charges.

Prosecutors all from Joe Biden’s party simultaneously bringing criminal charges against the sitting president’s leading opponent are the police state tactics from a third-world banana republic.

Trump and his allies are hoping at some level of the justice system they will get to present their arguments to fair-minded judges who aren’t politically guided missiles aimed at Trump’s re-election campaign.