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Fri Feb 8, 2019, 06:28 AM

Barbara McQuade: New Trump Probe Looks a Lot Like a RICO Investigation

https://www.thedailybeast.com/new-trump-probe-looks-a-lot-like-a-rico-investigation?ref=home

New Trump Probe Looks a Lot Like a RICO Investigation
The crimes reportedly under investigation—money laundering, fraud, conspiracy—could amount to a criminal enterprise. That’s how my team of prosecutors put away Detroit’s mayor.
Barbara McQuade
02.08.19 4:38 AM ET


Referring to a cooperator as a “rat,” President Trump sometimes sounds like a mob boss. He may ultimately be prosecuted like one, too.

While some reports say that Special Counsel Robert Mueller’s investigation is winding down, it appears that another investigation is just gearing up. According to reports in The Wall Street Journal and The New York Times, a grand jury in the Southern District of New York recently issued a subpoena to the Trump inaugural committee, seeking documents relating to donors and spending. According to reports, the subpoena indicates that prosecutors are investigating conspiracy against the United States, false statements, mail fraud, wire fraud, money laundering and violations of campaign finance and inaugural committee laws. In addition, CNN has reported that federal prosecutors in Manhattan have expressed interest in interviewing executives from the Trump Organization.

It is impossible to know exactly what the federal prosecutors in Manhattan are investigating, but the wide array of crimes brings to mind a case that was prosecuted in Detroit when I served as U.S. Attorney for the Eastern District of Michigan. Former Detroit Mayor Kwame Kilpatrick and several of his associates were convicted under the Racketeer Influenced and Corrupt Organizations Act, also known as RICO.

RICO is a statute that was passed in 1970 to prosecute organized crime. Until then, mob bosses would often insulate themselves from criminal exposure by directing underlings to commit crimes. In response, Congress enacted RICO, which, among other things, makes it a crime for any person associated with an enterprise to participate, directly or indirectly, in the conduct of the enterprise’s affairs through a pattern of racketeering activity. Pattern of racketeering activity is defined as two or more acts from a list of criminal offenses, such as mail fraud, wire fraud, and money laundering, some of the very same crimes that SDNY prosecutors are reportedly now investigating. The penalties for violating RICO are heavy–up to 20 years in prison and forfeiture of the proceeds of the racketeering activity.

snip//

Even if SDNY follows the Justice Department policy that a sitting president cannot be indicted, nothing prohibits the Trump Organization or Trump’s associates from being indicted. In addition, even if a sitting president cannot be indicted, a former president can be. Under the statute of limitations, a RICO conspiracy may be charged up to five years after its last predicate racketeering act is committed. If any predicate act was committed on or after Jan. 20, 2016, the statute of limitations would not preclude an indictment from being filed on Jan. 20, 2021, the moment a president is sworn in, so long as that president is not Donald Trump.

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Response to babylonsister (Original post)

Fri Feb 8, 2019, 06:32 AM

1. K&R for visibility. nt

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Response to babylonsister (Original post)

Fri Feb 8, 2019, 06:56 AM

2. An example needs to be made. No better person to make an example of for this . . .

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Response to babylonsister (Original post)

Fri Feb 8, 2019, 07:06 AM

3. The only way we lose in 2020,

is if we fight among ourselves.

United we stand, divided we fall.

Trump is scared shitless. He needs removed before he gets us into a war.

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Response to watoos (Reply #3)

Fri Feb 8, 2019, 09:51 AM

15. Get out the VOTE...

The repukes will try to remove voters in democratic districts from the bottom to the top. Yes some will fall that's why we need an OVERWHELMING turnout. We don't need a "close call" we need another blue tsunami...
m

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Response to babylonsister (Original post)

Fri Feb 8, 2019, 07:10 AM

4. One way or another, indictability of Presidents will get to a judge. nt

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Response to babylonsister (Original post)

Fri Feb 8, 2019, 07:19 AM

5. Could he be the first president...

driven away in a squad car instead of being flown away in Marine One after he’s done being president? It would be lovely to see.

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Response to N_E_1 for Tennis (Reply #5)

Fri Feb 8, 2019, 07:40 AM

6. Let him use the helicopter..........

as long as it is taking him from Mar-a-Lago to Gitmo!

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Response to babylonsister (Original post)

Fri Feb 8, 2019, 07:41 AM

7. The investigation appears to have evolved into tracing the

money and identifying the crimes of Russian mafia and its American branch.

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Response to NCjack (Reply #7)

Fri Feb 8, 2019, 07:48 AM

8. Would be nice to connect the Russian campaign money

to the NRA to GOP politicians.
It makes one wonder when the NRA gave so much money to Repugs in 2016 but once they came under investigation their contributions dropped, I think like 90%. That's a tell. I hope Butina spills her guts, give her asylum and witness protection.

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Response to NCjack (Reply #7)

Fri Feb 8, 2019, 07:58 AM

10. Senate Intelligence Chariman Burr stated this week that Manafort giving Russia

Trump campaign internal polling data was not evidence of collusion.
https://www.cbsnews.com/news/richard-burr-on-senate-intelligence-committees-russia-investigation-2-years-on/
Burr did not use the word then and would not now. Manafort, he said, "shared polling data with a former partner of an effort to do campaign services in the Ukraine." It was a "stretch," Burr said, to call that collusion.


The collusion evidence will wind up in a silly debate with Rudy Giuliani claiming "truth isn't truth".

Financial transactions tend to not be so debatable. "Follow the money" Al Capone couldn't be nailed for murder - they got him on tax evasion.

Manafort, Gates & Cohen got nailed with financial crimes.

If they can show Russian money going into Trump's companies, his campaign or the Republicans campaigns, I do not think Republicans like Burr will be able to stick with "truth isn't truth" - something like Russian money going into campaigns approaches "beyond reasonable doubt"

It is a good sign that the investigation is going in that direction.

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Response to babylonsister (Original post)

Fri Feb 8, 2019, 07:50 AM

9. Well now, the gop

sure can pick 'em, eh? We all knew he would be a total disaster even before he was sworn in. The gop was thrilled, they had their dream president. One with no scruples, morals, or even intelligence. Like putty in their hands, to get their laws passed, screwing over the working class. I want all the Russia colluders prosecuted, too. McConnell, Graham, Pence, Ryan and the slimy members who are now backing tRump to protect themselves.

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Response to babylonsister (Original post)

Fri Feb 8, 2019, 08:09 AM

11. A big reason why Rudy G is still OK with *IQ45....inside SDNY intel...NT

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Response to babylonsister (Original post)

Fri Feb 8, 2019, 08:41 AM

12. Think a 2020 win would also involve RICO activities

Given what we know (or suspect), the only way he gets reelected is by even more egregious behavior with a broader cast of criminals.

He's long past the time to make a deal to walk away quietly. He will go to prison if he doesn't die first.

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Response to bigbrother05 (Reply #12)

Fri Feb 8, 2019, 09:31 AM

14. it isn't as simple a matter as just walking away

he will be prosecuted, in office and out of office, both by the federal investigation going on, AND by the state of NY.
Bottom line it's just a matter of time as to when he will be locked up. His crimes are too egregious and too many. His kids aren't immune either. If he pardons them, NY AG will get them. I'm wouldn't be surprised at this juncture they're busy moving assets offshore.

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Response to babylonsister (Original post)

Fri Feb 8, 2019, 08:57 AM

13. If they continue to comit illegal activity perhaps the statute

of limitations might run longer than they anticipate at this point if the clock can be run from the latest identified act.

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Response to babylonsister (Original post)

Fri Feb 8, 2019, 11:58 AM

16. Which brings up what tRump knew about Jamal Khashoggi

Did tRump have knowledge in advance of this murder?

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