John Eastman discusses the application of the Racketeer Influenced and Corrupt Organizations Act (RICO) and the amended Section 1512(c) of the law in tackling conspiracies related to election misconduct targeting President Trump. He emphasizes leveraging these laws to compel lower-tier participants to reveal information about higher-ups in alleged conspiracies.
1. Background of RICO:
• Established in 1970 to combat organized crime by allowing prosecution of both leaders and associates of criminal enterprises.
• Prosecutors can induce lower-level criminals to testify against higher-ups with the threat of substantial prison sentences.
2. Amendment of Section 1512:
• Modified post-Enron scandal in 2002, targeting the destruction or alteration of evidence relevant to official proceedings, punishable by 20 years in prison.
• Eastman suggests that this law could be used effectively against various conspiracies, including those linked to the Trump administration.
3. Historical Examples:
• Notable past applications of RICO by Rudy Giuliani against New York Mafia bosses.
• The potential for Section 1512(c) to hold individuals accountable for misconduct, such as falsifying documents during the 2016 election investigations.
4. Current Applications:
• The use of Section 1512(c) could address issues from the 2020 election, where documents were allegedly destroyed or altered.
• Specific cases include missing election records and concealment of fraud evidence which could lead to heavier charges if pursued.
5. Suggestions for the DOJ:
• Eastman advocates for the Department of Justice to start indicting lower-level operatives for violations under Section 1512(c).
• This could lead to a cascade effect, where lower-tier defendants provide testimony against higher-level conspirators.
John Eastman calls for the implementation of RICO and Section 1512(c) to uncover and prosecute conspiracies against individuals aligned with President Trump. By targeting those who conceal or destroy evidence, he believes the legal system can effectively dismantle broader conspiratorial activities impacting elections and governance.
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