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Prosecutors in Georgia Still Abusing Their Over Broad RICO Law

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You might remember me complaining that the way Fulton County Attorney’s Office was ridiculous with their application of their state’s RICO provisio. I said that it was absurd, abusive and would lead to further abuse of it.
Well further evidence of that abuse is now here, and it is very ugly. Via the Washington Post:

“A Georgia grand jury has indicted 61 people on racketeering charges connected to protests that seek to block the building of the planned police and firefighter training facility in Atlanta that has been referred by critics as “Cop City.”

Georgia Attorney General Chris Carr (R) announced the sweeping indictment Tuesday after a long-running state investigation that mainly focused on members of Defend the Atlanta Forest, which prosecutors called an “anti-government, anti-police, and anti-corporate extremist organization” that has supported a violent movement against law enforcement since the 2020 racial justice protests.The 109-page indictment was filed in Fulton County on Aug. 29, just weeks after the same grand jury charged former president Donald Trump with racketeering charges under the state’s Racketeer Influenced and Corrupt Organizations (RICO) law, in connection with efforts to overturn President Biden’s 2020 win in Georgia.”

Yes, you read that right, the same grand jury that rendered the sprawling Trump and friends indictment. At least this time the State of Georgia acted through its proper Attorney General, and not through a local county attorney who took it upon herself.

“Designed to prosecute a criminal enterprise, the law has also been used against gang leaders and human traffickers. The Georgia RICO law is one of the broadest in the country. It allows prosecutors to weave together a wide variety of alleged crimes, including violations of state and federal laws, and even activities in other states. The charges brought against the activists is the latest example of Georgia prosecutors bringing racketeering counts in prominent cases.”

Yeah, no kidding. Yes, RICO was gratuitous as to Trump. In fact, I think it made the Fulton County indictment weaker if cases go to trial. It is complex and confusing. And a jury may well find it so. Or not. We’ll see.
 
As to the protestors, keep in mind that the minimum sentence is 5 years prison. Same for Trump et. al. A judge can modify that, but what if a judge doesn’t? 

This is now going to spread outside of Georgia, and that is very much not a good thing. It was designed for mob bosses, and then drug cartels, and nobody cares about that use. But expansion like in GA to political speach and acts is really bad. It is more than bad, it is heinous. It is a stain and blight on the American criminal justice system.

I warned that what has, and was, being done in Georgia was dangerous. And this is just then tip of the iceberg coming because it will spread.

For anybody that has forgotten, here is Ken White, aka Popehat, on RICO.And, yeah, he pretty much maintains that as to the Trump et. al indictment in Fulton County:

“I am not a Georgia law expert. Federal RICO against Trump would be extremely implausible. Georgia RICO? Won’t speculate. I will say that Georgia RICO seems like a needlessly convoluted and performative approach, but DAs gonna DA.”

That was from Ken’s Mastodon account. He has also said:

“In my view, the Georgia RICO indictment is gratuitous, self-indulgent, and careless of the appearance of legitimacy.”

That is being kind, and the indictment of the protestors for RICO is even more absurd. The moral of the story is be careful of what you cheer for, because what Georgia is doing is truly egregious.

Wednesday Morning: If It Ain’t Baseball, It’s Winter

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It may be sunny and 90F degrees where you are, but it’s still winter here. A winter storm warning was issued here based on a forecast 12 inches of snow and 35 mph winds out of the northeast off Lake Huron. For once, Marcy’s on the lee side of this storm and won’t be blessed with the worst of this system.

I’ll cozy up in front of the fireplace and catch up on reading today, provided we don’t have a power outage. Think I’ll nap and dream of baseball season starting in roughly five weeks.

Before the snow drifts cover the driveway, let’s take a look around.

Hey Asus: Don’t do as we do, just do as we say
Taiwanese computer and network equipment manufacturer Asus settled a suit brought by the Federal Trade Commission over Asus leaky routers. The devices’ insecurities were exposed when white hat hacker/s planted a text message routers informing their owners the devices were open to anyone who cared to look. Terms of the settlement included submitting to security auditing for 20 years.

What a ridiculous double standard: demand one manufacturer produce and sell secure products,while another government department demands another manufacturer build an insecurity.

Ads served to Android mobile devices leak like a sieve
Researchers with the School of Computer Science at the Georgia Institute of Technology presented their work yesterday at 2016 Network and Distributed System Security Symposium, showing that a majority of ads not only matched the mobile user but revealed personal details:

• gender with 75 percent accuracy,
• parental status with 66 percent accuracy,
• age group with 54 percent accuracy, and
• could also predict income, political affiliation, marital status, with higher accuracy than random guesses.

Still some interesting work to be presented today before NDSS16 wraps, especially on Android security and social media user identity authentication.

RICO – not-so-suave – Volkswagen
Automotive magazine Wards Auto straps on the kneepads for VW; just check this headline:

Diesel Reigns in Korea as Volkswagen Scandal Ebbs

“Ebbs”? Really? Au contraire, mon frère. This mess is just getting started. Note the latest class-action lawsuit filed in California, this time accusing VW and its subsidiaries Audi and Porsche as well as part supplier Bosch of racketeering. Bosch has denied its role in the emissions controls defeat mechanism:

…The company has denied any involvement in the alleged fraud, saying it sold an engine control unit to Volkswagen, but that Volkswagen was responsible for calibrating the unit.

The scandal’s only just getting going when we don’t know who did what and when.

Worth noting Wards’ breathless excitement about VW passenger diesel sales uptick in South Korea. But then Wards ignores South Korea’s completely different emissions standards as well as the specifics in promotions for that market. Details, details…

Splash and dash

Don’t miss Ed Walker’s latest in his series on totalitarianism and Marcy’s fresh exasperation with polling on FBI vs Apple. Wind’s brisk out of the north, bringing the first wave of flurries. I’m off to check the gasoline in the snowblower and wax my snow shovels.