Should Donald Trump run for President in 2024?

V1 : https://youtu.be/6g1-PFaFQ1I

V2 : https://www.instagram.com/reel/Cv-BUBRPa38/


The Trump Georgia Indictment, Annotated

By Alan Feuer, Luke Broadwater, Ben Protess and Jonah E. BromwichAug. 15, 2023

A grand jury in Fulton County, Ga., on Monday unveiled the fourth criminal indictment of former President Donald J. Trump. Like a federal indictment earlier this month, this one concerns Mr. Trump’s efforts to overturn his 2020 election loss. But it differs in that it charges 18 other defendants who are alleged to have taken part in the scheme.

The 41 Counts in the Georgia Indictment
22 counts
Related to forgery or false documents and statements

8 counts
Related to soliciting or impersonating public officers

3 counts
Related to influencing witnesses

3 counts
Related to election fraud or defrauding the state

3 counts
Related to computer tampering

1 count
Related to racketeering

1 count
Related to perjury

SOURCE 1 : https://www.nytimes.com/interactive/2023/08/15/us/politics/trump-georgia-indictment-annotated.html


SOURCE 2 : https://www.fultonclerk.org/DocumentCenter/View/2077/CRIMINAL-INDICTMENT

https://youtu.be/lLaJiAvBoBI

1.) Why Georgia’s RICO law could be key in the state’s case against Trump

Here's a look at how the law works:

How would a law used against mobsters apply to Trump and his allies?

The federal Racketeer Influenced and Corrupt Organizations Act originated in 1970 as a tool to fight organized crime. The law enabled prosecutors to target people in positions of authority within a criminal organization, not just lower-level people doing the dirty work.

But its use was never meant to be limited exclusively to organized crime. The U.S. Supreme Court noted in a 1989 opinion that the law was drafted "broadly enough to encompass a wide range of criminal activity, taking many different forms and likely to attract a broad array of perpetrators."

Within a few years of the federal law taking effect, states began passing their own RICO laws. Generally speaking, RICO laws allow prosecutors to charge multiple people who commit separate crimes while working toward a common goal.


What does Georgia's RICO law say?

Georgia's RICO Act, adopted in 1980, makes it a crime to participate in, acquire or maintain control of an "enterprise" through a "pattern of racketeering activity" or to conspire to do so. It's important to note that the alleged scheme does not have to have been successful for a RICO charge to stick.

An "enterprise" can be a single person or a group of associated individuals with a common goal. "Racketeering activity" means to commit, attempt to commit — or to solicit, coerce or intimidate someone else to commit — one of more than three dozen state crimes listed in the law. At least two such acts are required to meet the standard of a "pattern of racketeering activity," meaning prosecutors have to prove that a person has engaged in two or more related criminal acts as part of their participation in an enterprise to be convicted under RICO.

READ MORE: Prosecutors start presenting 2020 Georgia election investigation to grand jury

The U.S. Supreme Court has said that federal RICO allegations must show continuity, that is to say a series of related underlying acts over an extended period of time, not just a few weeks or months. But the Georgia Supreme Court has made clear there is no such requirement in the state law.


Why use the RICO statute?

"I'm a fan of RICO," Willis said during a news conference in August 2022 as she announced a RICO indictment against more than two dozen alleged gang members.

Willis has said jurors want to know all the facts behind an alleged crime and that a RICO indictment enables prosecutors to provide a complete picture of all the alleged illegal activity. A narrative introduction allows prosecutors to tell a story that can include a lot of detailed information that might not relate to specific crimes but is relevant to the broader alleged scheme.

RICO charges also carry a heavy potential sentence that can be added on top of the penalty for the underlying acts.

In Georgia, it's a felony conviction that carries a prison term of five to 20 years; a fine of $25,000 or three times the amount of money gained from the criminal activity, whichever is greater; or both a prison sentence and a fine.

SOURCE : https://www.pbs.org/newshour/amp/politics/why-georgias-rico-law-could-be-key-in-the-states-case-against-trump


2.) 18 USC Ch. 96: RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
From Title 18—CRIMES AND CRIMINAL PROCEDURE

PART I—CRIMES

CHAPTER 96—RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

Sec.

1961-Definitions.

1962-Prohibited activities.

1963-Criminal penalties.

1964-Civil remedies.

1965-Venue and process.

1966-Expedition of actions.

1967- Evidence.

1968-Civil investigative demand.

SOURCE : https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter96&edition=prelim#


3.) RICO (Racketeer Influenced and Corrupt Organizations Act) Statute - Implications for Organized Labor

NCJ Number 100617
Journal Labor Law Journal Volume: 36 Issue: 5 Dated: (May 1985) Pages: 281-291
Author(s)
G S Roukis;
B H Charnov
Date Published 1985
Length 9 pages

SOURCE : https://www.ojp.gov/ncjrs/virtual-library/abstracts/rico-racketeer-influenced-and-corrupt-organizations-act-statute#:~:text=The%20Racketeer%20Influenced%20and%20Corrupt,those%20engaged%20in%20organized%20crime.



4a.) 2020 Georgia Code
Title 16 - Crimes and Offenses
Chapter 14 - Racketeer Influenced and Corrupt Organizations
§ 16-14-4. Prohibited Activities

Universal Citation: GA Code § 16-14-4 (2020)

* It shall be unlawful for any person, through a pattern of racketeering activity or proceeds derived therefrom, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property, or personal property of any nature, including money.
* It shall be unlawful for any person employed by or associated with any enterprise to conduct or participate in, directly or indirectly, such enterprise through a pattern of racketeering activity.
* It shall be unlawful for any person to conspire or endeavor to violate any of the provisions of subsection (a) or (b) of this Code section. A person violates this subsection when:
1. He or she together with one or more persons conspires to violate any of the provisions of subsection (a) or (b) of this Code section and any one or more of such persons commits any overt act to effect the object of the conspiracy; or
2. He or she endeavors to violate any of the provisions of subsection (a) or (b) of this Code section and commits any overt act to effect the object of the endeavor.
(Code 1933, § 26-3403, enacted by Ga. L. 1980, p. 405, § 1; Ga. L. 1982, p. 1385, §§ 3, 9; Ga. L. 1984, p. 22, § 16; Ga. L. 2015, p. 693, § 2-25/HB 233.)

SOURCE : https://law.justia.com/codes/georgia/2020/title-16/chapter-14/section-16-14-4/


4b.) 2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 14 - Racketeer Influenced and Corrupt Organizations

* § 16-14-1. Short Title
* § 16-14-2. Findings and Intent of General Assembly
* § 16-14-3. Definitions
* § 16-14-4. Prohibited Activities
* § 16-14-5. Criminal Penalties for Violation of Code Section 16-14-4
* § 16-14-6. Civil Remedies
* § 16-14-7. Civil Forfeiture Proceedings
* § 16-14-8. Period of Limitations as to Criminal Proceedings or Civil Actions Under This Chapter
* § 16-14-9. Civil Remedies as Supplemental and Not Mutually Exclusive
* § 16-14-10. Recognition and Enforcement of Judgments of Other States; Reciprocal Agreements With Other States
* § 16-14-11. Venue
* § 16-14-12. Cases of Special Public Importance
* § 16-14-13. Through 16-14-15

Cross references.
- Organized Crime Prevention Council, T. 35, C. 7.
Law reviews.
- For article, "Georgia Racketeer Influenced & Corrupt Organizations Act," see 20 Ga. St. B.J. 34 (1983). For article, "Private RICO Litigation Based Upon Fraud in the Sale of Securities," see 18 Ga. L. Rev. 43 (1983). For article, "The Money Laundering Control Act of 1986: Will Attorneys Be Taken to The Cleaners?," see 24 Ga. St. B.J. 186 (1988). For article, "Georgia's Baby RICO Comes of Age," see 25 Ga. St. B.J. 153 (1989). For article on the Traps of Federal and Georgia RICO, see 28 Ga. St. B.J. 134 (1992). For annual survey article on the law of torts, see 45 Mercer L. Rev. 403 (1993). For annual survey article discussing developments in construction law, see 51 Mercer L. Rev. 181 (1999). For annual survey of criminal law, see 71 Mercer L. Rev. 967 (2020). For comment, "The Pattern Requirement of Civil RICO: H. J. Inc. v. Northwestern Bell Telephone Co.," see 7 Ga. St. U.L. Rev. 111 (1990).

SOURCE : https://law.justia.com/codes/georgia/2021/title-16/chapter-14/



Bonus : Which states can do RICO charges?

Pennsylvania, Hawaii, Arizona, Florida, Rhode Island, Georgia, and Indiana have enacted RICO statutes, while such laws are pending in New Jersey, California, and Massachusetts. A wide variety of offenses are set forth under both the Federal and State definitions of racketeering activity.

SOURCE : https://www.ojp.gov/ncjrs/virtual-library/abstracts/federal-and-state-rico-racketeer-influenced-and-corrupt#:~:text=Pennsylvania%2C%20Hawaii%2C%20Arizona%2C%20Florida,State%20definitions%20of%20racketeering%20activity.

Yes!
Trump has a dark past but voting for the other Republican Presidential or much less, Democrat liberals who are destroying this nation is PREFERABLE!

14TH AMENDMENT :

https://youtu.be/VlOksxijRSc


1.) Fourteenth Amendment  Equal Protection and Other Rights

* Section 3 Disqualification from Holding Office

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

* Amdt14.S3.1  Overview of Disqualification Clause

SOURCE : https://constitution.congress.gov/browse/amendment-14/section-3/


2.) Disqualification from Public Office Under the 14th Amendment

Section 3 of the Fourteenth Amendment was originally intended to keep former Confederate officials from gaining power in the reconstructed government following the Civil War.

Known as the "disqualification clause," this section was fairly obscure until January 6, 2021, when supporters of then-President Donald Trump stormed the United States Capitol building.

The Fourteenth Amendment is better known for protecting civil rights. It grants citizenship to all people born in the United States, guarantees equal protection of privileges and immunities of citizens, and requires due process of law.

But the events of January 6th brought the disqualification clause into the spotlight.


What Is the Disqualification Clause?

Fourteenth Amendment, Section 3:

"No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof But Congress may by a vote of two-thirds of each House, remove such disability."


Frequently Asked Questions

What does the Constitution say about insurrection?

Section 3 of the Fourteenth Amendment prohibits anyone who has previously taken an oath of office (Senators, Representatives, and other public officials) from holding public office if they have "engaged in insurrection or rebellion" against the United States. This means, at least theoretically, that politicians who participate in or encourage a rebellion against the government can not only be removed from office but prevented from holding state and federal offices in the future. However, how disqualification works under the 14th Amendment has never been clear.

Could the disqualification clause prevent Donald Trump from running for president in 2024?

Theoretically, yes. Section 3 of the Fourteenth Amendment gives Congress the power to disqualify someone who has already held a public office from holding "any office" if they participate in an "insurrection or rebellion" against the United States.

But since this mechanism has never been used against a president, there are still questions to resolve.

The disqualification clause applies to current and former federal officials, state officials, and military officials. However, legal scholars are split on whether the disqualification clause applies to the presidency. It's likely the 14th Amendment will continue to come up in conversations approaching the 2024 presidential election.

Is disqualification different than impeachment?

Yes. Someone who is impeached could be disqualified from holding public office in the future if they are convicted, and Congress applies such a punishment.

But this is separate from disqualification under the 14th Amendment. Under Sections 3 and 5 of the Fourteenth Amendment, Congress could bar someone from holding office. But unlike an impeachment conviction, that decision could be overturned by the courts. Most importantly, under the 14th Amendment, disqualification requires only a simple majority vote, not the two-thirds vote needed to convict during an impeachment trial.

Related Resources

* What Happens When a President Is No Longer Fit to Serve?
* Yes, Trump Can Be Charged With Inciting a Riot
* Learn About the Law: Rioting and Inciting to Riot

SOURCE : https://constitution.findlaw.com/amendment14/annotation15.html


3.) 14TH AMENDMENT
Citizenship Rights, Equal Protection, Apportionment, Civil War Debt

Signing Details

SOURCE : https://constitutioncenter.org/the-constitution/amendments/amendment-xiv

I guess you think any politician who becomes President cares about you. Allow me to educate you, NO ONE in that office cares about you, your views, your state, or anything you value. Honestly I'm a little disappointed that you even think this way. You're supposed to be in a senior position. And what's worse, you think Biden holds any moral high ground. His son is a junkie Navy reject. His daughter, who he showered with, is a junkie. Two of his three children are complete failures. That entire family is filled with failures, yet you think Trump is bad because why? Every President has been found to have taken classified documents out of a secure facility. Every president has had some kind of interaction with sketchy individuals, how do you think they became president? Every President has said something that the public disagrees with, doesn't mean it's going to happen. Jeez, where do you people come from? Try being educated instead of just opinionated.

No definitly not

Not according to the Presidential Records Act. That was decided when President Clinton took audio tapes out in socks. The only thing the archives can do is ask nicely for them back if they want them. And pretty sure the secret service was guarding Marlago. Now when it comes to a Congressman, Secretary of State are Vice President. They never had the authority to declassify Top Secret files. So the Presidential Records Act dose not apply according to the Law.

I recommend you change your news sources. Get to know the real truths.
Trump2024/2028

Go D T

Other than the above statement he's still a better candidate than Biden even if he's older. This country needs that insane type of tenacity