Exclusive: U.S. mulls using law designed to prosecute Mafia against Capitol rioters

By Mark Hosenball and Sarah N. Lynch

 

FILE PHOTO: Supporters of U.S. President Donald Trump climb on walls at the U.S. Capitol during a protest against the certification of the 2020 U.S. presidential election results by the U.S. Congress, in Washington, U.S., January 6, 2021. REUTERS/Stephanie Keith/File Photo

 

WASHINGTON (Reuters) - The U.S. Justice Department is considering whether to charge members of far-right groups involved in the deadly Jan. 6 storming of the Capitol under a federal law usually used against organised crime, according to two law enforcement sources.

 

The Racketeer Influenced and Corrupt Organizations Act, known as RICO, enables prosecutors to combat certain ongoing racketeering crimes such as murder, kidnapping, bribery and money laundering. The 1970 statute provides for hefty criminal penalties including up to 20 years in prison and seizure of assets obtained illegally through a criminal enterprise.

 

The sources, a current law enforcement official and a former official who recently left the federal government, said using the RICO statute to charge people involved in the Capitol violence is being debated within the Justice Department, with no final decision made. The sources spoke on condition of anonymity.

 

The siege by supporters of former President Donald Trump left five dead including a police officer. It is not yet clear if cases arising from it meet "statutory elements" necessary for a RICO charge, the former federal official said.

 

"This is something that is being mulled over in the halls of DOJ," the official added, using the department's initials.

 

President Joe Biden's administration has warned that domestic extremism is a growing threat following the Capitol rampage, a sharp departure from the way Trump regarded extremist groups such as the Proud Boys and Oath Keepers. In a September pre-election debate with Biden, Trump told the Proud Boys to "stand back and stand by."

 

Justice Department spokeswoman Kristina Mastropasqua declined to comment about the potential use of the RICO statute beyond pointing to prior statements by the senior federal prosecutor for the District of Columbia, Michael Sherwin, that he would charge people based on what the evidence showed.

 

Sherwin has said a wide range of criminal charges are being contemplated, including trespassing, assault and seditious conspiracy.

 

The RICO law was crafted to help prosecutors convict top Mafia leaders who ordered others to commit crimes. RICO cases are complex, often take years to develop, and require approval from Justice Department leadership.

 

"RICO was designed to address the Godfather - the person who doesn't get their hands bloody," said Jeffrey Grell, an attorney who specializes in RICO law. "You would really only use RICO to go after the kingpins or the leaders."

 

Prosecutors have used it against other violent groups, such as one led by Omar Abdel Rahman, known as the "Blind Sheikh," who was convicted of plotting to bomb the United Nations and George Washington Bridge in New York.

 

More than 170 people have been charged in connection with the Capitol attack that interrupted the formal congressional certification of Biden's election victory over Trump and sent lawmakers into hiding for their own safety.

 

Democratic Senator Richard Durbin, tapped to become chairman of the Senate Judiciary Committee, is advocating possible RICO charges. A Durbin spokesperson said, "There are multiple statutes currently available for federal prosecutors to use to hold the perpetrators behind the Jan. 6 attack accountable, including RICO, and prosecutors should appropriately evaluate potential charges."

 

'RACKETEERING ACTIVITY'

Obstructing an official government proceeding, the charge some Oath Keepers and Proud Boy members are currently facing, is considered a "racketeering activity."

 

Prosecutors in a RICO case would need to show that the far-right groups qualify as a "criminal enterprise" and that members of the enterprise engaged in a pattern of two or more related crimes beyond the Capitol riots.

 

That could mean looking at whether these groups engaged in similar actions at other events, such as the violent 2017 "Unite the Right" rally in Charlottesville, Virginia, or other violent activities such as storming state capitols.

 

"Whatever theory they're pursuing requires looking at the group and kind of zooming out so they can capture a pattern of racketeering activity more than just what happened on that day," said Kamal Ghali, an Atlanta attorney and former federal prosecutor.

 

In a RICO case, prosecutors must show a pattern of related racketeering crimes and a threat of continuing criminal conduct.

 

A Washington grand jury last month indicted three Oath Keepers members on charges that they conspired to forcibly storm the Capitol. Two Proud Boys members were indicted on charges they conspired with others to obstruct law enforcement from protecting the Capitol.

 

In a sworn statement, an FBI agent said Thomas Caldwell, a defendant in the Oath Keepers indictment, sent messages after the attack urging others to keep fighting.

 

"We need to do this at the local level," Caldwell was quoted by the FBI as saying. "Lets storm the capitol in Ohio. Tell me when!"

 

Federal prosecutors in Ohio convinced a judge to detain Caldwell's co-defendant Donovan Crowl by citing recent writings by the group's leader Elmer Stewart Rhodes. After the riots, Rhodes urged members to begin organizing in "friendly red" counties - jurisdictions that lean Republican - saying the Biden administration represents an "illegitimate regime."

 

The three Oath Keepers have not yet entered pleas, though Caldwell has previously said in court that "every single charge is false." Rhodes did not respond to requests for comment.

 

(Reporting by Sarah N. Lynch and Mark Hosenball; Editing by Will DUnham and Scott Malone)

 

-- © Copyright Reuters 2021-02-04

 

- Whatever you're going through, the Samaritans are here for you

- Follow Thaivisa on LINE for breaking COVID-19 updates

A law for mobsters used against an accused organized mob who trespassed onto federal property and against American democracy at work.  

 

Good luck to all of the prosecutors!

I would have thought being part of an insurrection and  conspiracy to murder senators should be enough to lock them all up for many many years - obviously including their ... leader.

When the (mob) attacked our seat of government on the behest of Donald Trump I think Rico applies .Imo Donald operates exactly like a mobster he certainly directed them and also groomed them for several months beforehand get her done!

I have had many friends that grew up in NYC. Virtually every one of them told me that Trump was crooked, mobbed up, a cheat, a liar, and a con man. None of them voted for him, and he did not win in 2016 in NYC. That said, I've been saying for about 4 years that the RICO statute should be used against his entire family, and a good portion of his administration. It allows for prison time, fines, confiscation of property, and a host of other penalties. We can only hope that this group will receive the justice they all deserve!

Lock them (Trump, family, and their extremist buddies) all up before they do more damage to the country! Treason comes to mind. And as Majorie T Green said "The punishment for treason is death!"

10 hours ago, webfact said:

"a sharp departure from the way Trump regarded extremist groups such as the Proud Boys and Oath Keepers"

Oh, you mean those "very fine people?" 45 said he loved, those very special people?

 

Nauseating!

Canada just declared Proud Boys as a terrorist organization. Time to go after these violent nuts.

 

https://www.usatoday.com/story/news/world/2021/02/03/canada-declares-proud-boys-terrorist-organization/4372307001/

U.S. should mull a revision of the Terrorism Act to include domestic terrorism. With the increase in the radicalization on political and social issues and conspiracy theorist groups and more far right news network and right leaning lawmakers holding offices, domestic terrorism will be a big threat. It will give the a wider scope to prosecute domestic terrorists and go after their money sources. 

https://www.law.cornell.edu/uscode/text/18/part-I/chapter-113B

Off topic post and a reply removed

sedition, rebellion, terrorism, now mafia...

 

why are we seeing so many rather strange attempts to prosecute that mob instead of just charging them with trespassing, disturbing the peace, vandalism, not following police orders, etc. ?

I am sure they broke more than enough laws so that courts can hand them adequate sentences, so why all those legal contorsions?

1 minute ago, tgw said:

with trespassing, disturbing the peace, vandalism, not following police orders, etc. ?

They would walk free and give the authorities the finger.......this event was so much bigger than trespassing etc.

they should mull using a .45..

6 minutes ago, Surelynot said:

They would walk free and give the authorities the finger.......this event was so much bigger than trespassing etc.

 

for some there were also violence against people and police officers... all offenses together would surely land them in jail for a year or two?

 

and for all the other passive followers, what would be an adequate sentence in your opinion?

2 minutes ago, tgw said:

 

for some there were also violence against people and police officers... all offenses together would surely land them in jail for a year or two?

 

and for all the other passive followers, what would be an adequate sentence in your opinion?

Five people died, and this was a direct threat to democracy.....and intent? Threats to kidnap and murder Democrats......each individual will have to answer for their own crimes...I wouldn't put a blank penalty on any of them.

1 hour ago, bronzedude said:

Lock them (Trump, family, and their extremist buddies) all up before they do more damage to the country! Treason comes to mind. And as Majorie T Green said "The punishment for treason is death!"

Having seen Green in her wild conspiracy theories from Sany Point to the election, does she include herself in that "treason/death" scenario?

 

5 minutes ago, Surelynot said:

Five people died, and this was a direct threat to democracy.....and intent? Threats to kidnap and murder Democrats......each individual will have to answer for their own crimes...I wouldn't put a blank penalty on any of them.

 

about the 5 who died, let's be fair, two died from a pre-existing medical condition that could also have killed them while playing golf, one was stampeded, one was shot by the police and the police officer died of delayed effect of injuries.

so it's fair to say that none of the deaths was intended by anyone, although there is one case of manslaughter.

 

I think assault and manslaughter carries a penalty that is heavy enough, yes, every individual should answer for his crimes.

 

it would be a good thing to nail the organizers.

3 minutes ago, RJRS1301 said:

Having seen Green in her wild conspiracy theories from Sany Point to the election, does she include herself in that "treason/death" scenario?

 

She received a standing ovation from Republicans yesterday?????????....following a 'private' meeting.

3 minutes ago, tgw said:

 

about the 5 who died, let's be fair, two died from a pre-existing medical condition that could also have killed them while playing golf, one was stampeded, one was shot by the police and the police officer died of delayed effect of injuries.

so it's fair to say that none of the deaths was intended by anyone, although there is one case of manslaughter.

 

I think assault and manslaughter carries a penalty that is heavy enough, yes, every individual should answer for his crimes.

 

it would be a good thing to nail the organizers.

Trump was an organizer inviting them for a wild time.

 

I dont care what laws they use, just lock them up. Guantanamo will do.

4 minutes ago, tgw said:

 

about the 5 who died, let's be fair, two died from a pre-existing medical condition that could also have killed them while playing golf, one was stampeded, one was shot by the police and the police officer died of delayed effect of injuries.

so it's fair to say that none of the deaths was intended by anyone, although there is one case of manslaughter.

 

I think assault and manslaughter carries a penalty that is heavy enough, yes, every individual should answer for his crimes.

 

it would be a good thing to nail the organizers.

The organisers being 45? As he decided to tell them come to the Capitol on Jan 06th, then said I will be there, it will be wild. Then said we have to "fight"

10 minutes ago, Sujo said:

Trump was an organizer inviting them for a wild time.

 

I dont care what laws they use, just lock them up. Guantanamo will do.

 

9 minutes ago, RJRS1301 said:

The organisers being 45? As he decided to tell them come to the Capitol on Jan 06th, then said I will be there, it will be wild. Then said we have to "fight"

 

there must be thousands of politicians every day calling their followers to "fight" for something.

it's too vague to nail him on that.

 

but who told the mob to storm the building?

was it spontaneous or planned in advance?

that's what is important.

Just now, tgw said:

 

 

there must be thousands of politicians every day calling their followers to "fight" for something.

it's too vague to nail him on that.

 

but who told the mob to storm the building?

was it spontaneous or planned in advance?

that's what is important.

One does not go to a peaceful demonstration armed with pipebombs, cable ties, basball bats and dressed in face covers, and riot vests, unless plans are afoot for more nefarious deeds, not mention erecting a gallows, complete with hangmans noose

 

4 minutes ago, RJRS1301 said:

One does not go to a peaceful demonstration armed with pipebombs, cable ties, basball bats and dressed in face covers, and riot vests, unless plans are afoot for more nefarious deeds, not mention erecting a gallows, complete with hangmans noose

 

agreed!

so who told them to come equipped like that?

2 minutes ago, tgw said:

 

agreed!

so who told them to come equipped like that?

That is a question forthe investigators and prosecutors I guess

I am sure they have seen the widely distributed footage of trainingsessions, (their own PR footagefor recruitment may be their undoing) of some of the organisations involved, and this will be used in the courts

 

38 minutes ago, tgw said:

 

about the 5 who died, let's be fair, two died from a pre-existing medical condition that could also have killed them while playing golf, one was stampeded, one was shot by the police and the police officer died of delayed effect of injuries.

so it's fair to say that none of the deaths was intended by anyone, although there is one case of manslaughter.

 

I think assault and manslaughter carries a penalty that is heavy enough, yes, every individual should answer for his crimes.

 

it would be a good thing to nail the organizers.

The law says you accept your victims as they are.  If they happen to have a preexisting condition and die, it’s still on you.  Their preexisting condition is not a mitigating factor.  
 

And as to whether they participated or not, in the law,  the getaway driver is guilty as well.  They all are accessories to murder.

41 minutes ago, tgw said:

 

about the 5 who died, let's be fair, two died from a pre-existing medical condition that could also have killed them while playing golf, one was stampeded, one was shot by the police and the police officer died of delayed effect of injuries.

so it's fair to say that none of the deaths was intended by anyone, although there is one case of manslaughter.

 

I think assault and manslaughter carries a penalty that is heavy enough, yes, every individual should answer for his crimes.

 

it would be a good thing to nail the organizers.

The point is NONE of them would have died there if 45 hadn't said what he said 6 Jan 2021.

4 minutes ago, mtraveler said:

The law says you accept your victims as they are.  If they happen to have a preexisting condition and die, it’s still on you.  Their preexisting condition is not a mitigating factor.  
 

And as to whether they participated or not, in the law,  the getaway driver is guilty as well.  They all are accessories to murder.

 

we can still have the opinion that these laws aren't the best.

in a country with a proper justice system (and no, I don't count the US among them) a causality link has to be demonstrated.

 

9 minutes ago, J Town said:

The point is NONE of them would have died there if 45 hadn't said what he said 6 Jan 2021.

 

now that's a wild... speculation

 

you don't want mobs attacking the capitol, then be careful to not apply mob justice.

31 minutes ago, RJRS1301 said:

One does not go to a peaceful demonstration armed with pipebombs, cable ties, basball bats and dressed in face covers, and riot vests, unless plans are afoot for more nefarious deeds, not mention erecting a gallows, complete with hangmans noose

 

Come on! He who has never brought a gallows to a protest throw the first stone! ????

Just now, tgw said:

 

now that's a wild... speculation

 

you don't want mobs attacking the capitol, then be careful to not apply mob justice.

And that's a river in Egypt. If you can't accept even the most basic of facts, then it's senseless to engage.

 

Deny, Ignore, Lie, Deflect, Obfuscate