The "creative" use of Georgia's anti-racketeering law — generally applied to defendants in organized crime cases — against former President Donald Trump and his co-defendants will make people wonder whether they can question election results, former acting Attorney General Matthew Whitaker told Newsmax on Saturday.
"This is concerning on so many levels, but primarily the political speech and the political activities that this covers is going to make other people question whether they can investigate claims of voting irregularities and not be charged with a giant RICO conspiracy," Whitaker, who served under Trump, said on Newsmax's "The Count."
Whitaker said he agrees with Harvard Law professor emeritus Alan Dershowitz's contention on Newsmax that the Georgia case is an "act of creativity. It reads to me like an exam answer to a question in law school: How creative can we be?"
"I think one of the main things is the creativity," said Whitaker "[This is] a statute that certainly the Legislature intended to use against mob bosses and most recently gang leaders in violent street gangs."
The indictments lay out acts such as Trump's chief of staff Mark Meadows making a phone call to get telephone numbers and "just so many 'overt acts' that are on their face benign."
But, Whitaker added he thinks Americans are "starting to see the pattern of these creative prosecutors, who are mostly in deep blue districts that have political ambitions and believe that they are going to save the republic from Donald Trump."
Such prosecutors are "social justice warriors," he added, and their actions are leading to a "politicization of our criminal justice system where these prosecutors are using it to punish their political enemies."
They also want to limit conservatives on free speech, including Trump.
"The process in this case against Donald Trump is mostly the punishment," he said. "I mean, him having to prepare for four trials in the middle of a presidential campaign is nothing like we've ever seen. It's unprecedented in our country's history."
Meanwhile, there are Democrats like Hillary Clinton and Stacey Abrams who speak out about their losses but there are no repercussions, said Whitaker.
"But Donald Trump is a fighter, and that's why ... the American people are attracted to him because they know not only will he fight in these cases that are being brought against him by these left-wing prosecutors, but he's also going to fight for the American people," said Whitaker. "The world is looking for the United States to lead, and they want Donald Trump to come back and finish the business that he started."
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