RICO

For reasons that I don't fully understand--some sort of mystique, I guess--many conservative commenters on  the internet are convinced that RICO (Racketeer Influenced and Corrupt Organizations Act) can be applied to all sorts of political corruption. This conviction is often accompanied by a conviction that a failure on the part of DoJ to charge under RICO is itself evidence of corruption in DoJ. This is simply not the case. 

Unfortunately, a number of commenters here seem to believe that the Biden Crime Family can be prosecuted under RICO. I have to take some responsibility for this, since I adopted Rudy Giuliani's colorful name, "the Biden Crime Family." Let me be clear. I am not now saying that a RICO prosecution of the Bidens and their associates is not possible. The possible criminal violations may, in fact, fulfill the technical requirements of the RICO statute. Nor do I claim any expertise in RICO matters.

However, I believe that longstanding DoJ guidelines make it unlikely that RICO would be applied to any of those persons who have committed crimes either--as with former officials of the FBI, DoJ, or the Obama White House--in the course of opposing the presidency of Donald Trump or simply committed crimes by enriching themselves by trading on their public positions of trust in the US government.

Here's why. Longstanding DoJ guidelines (DoJ Justice Manual) militate against any expansive use of RICO when the interests of justice can be served by prosecuting the underlying crimes. Here are some selections from the Justice Manual. As you will see, there is--in essence--a presumption against using RICO when there is no "special RICO purpose," which usually refers to "gang" type organizations in a traditional sense. You can disagree with DoJ's policy in this regard, but it is what it is. The DoJ view is that RICO was never intended to replace traditional conspiracy prosecutions. Please read these guidelines carefully:

9-110.100 - Racketeer Influenced and Corrupt Organizations (RICO)

On October 15, 1970, the Organized Crime Control Act of 1970 became law. Title IX of the Act is the Racketeer Influenced and Corrupt Organizations Statute (18 U.S.C. §§ 1961-1968), commonly referred to as the "RICO" statute. The purpose of the RICO statute is "the elimination of the infiltration of organized crime and racketeering into legitimate organizations operating in interstate commerce." S.Rep. No. 617, 91st Cong., 1st Sess. 76 (1969). However, the statute is sufficiently broad to encompass illegal activities relating to any enterprise affecting interstate or foreign commerce.

9-110.200 - RICO Guidelines Preface

... It is the purpose of these guidelines to make it clear that not every proposed RICO charge that meets the technical requirements of a RICO violation will be approved. Further, the Criminal Division will not approve "imaginative" prosecutions under RICO which are far afield from the congressional purpose of the RICO statute. A RICO count which merely duplicates the elements of proof of traditional Hobbs Act, Travel Act, mail fraud, wire fraud, gambling or controlled substances cases, will not be approved unless it serves some special RICO purpose. ...

9-110.310 - Considerations Prior to Seeking Indictment

Except as hereafter provided, a government attorney should seek approval for a RICO charge only if one or more of the following requirements is present:

1. RICO is necessary to ensure that the indictment adequately reflects the nature and extent of the criminal conduct involved in a way that prosecution only on the underlying charges would not;
    
2. A RICO prosecution would provide the basis for an appropriate sentence under all the circumstances of the case in a way that prosecution only on the underlying charges would not;
    
3. A RICO charge could combine related offenses which would otherwise have to be prosecuted separately in different jurisdictions;
    
4. RICO is necessary for a successful prosecution of the government's case against the defendant or a codefendant;
    
5. Use of RICO would provide a reasonable expectation of forfeiture which is proportionate to the underlying criminal conduct;
    
6. The case consists of violations of State law, but local law enforcement officials are unlikely or unable to successfully prosecute the case, in which the federal government has a significant interest;
    
7. The case consists of violations of State law, but involves prosecution of significant or government individuals, which may pose special problems for the local prosecutor.

The last two requirements reflect the principle that the prosecution of state crimes is primarily the responsibility of state authorities. RICO should be used to prosecute what are essentially violations of state law only if there is a compelling reason to do so.

I simply don't foresee that DoJ will consider that any of the matters in the Russia Hoax and related "sprawling" investigations or in the matters involving the Biden Crime Family will be considered as qualifying for RICO prosecution under these guidelines. Rather, I would foresee the underlying crimes being prosecuted under a criminal conspiracy theory. Maybe I'll end up being wrong about that, but I really don't believe so. If you hold your breath waiting for me to be proven wrong you may regret it.