Cop City RICO: Fulton County Judge intends to dismiss 61-person racketeering indictment

Two years after Georgia Attorney General (AG) Chris Carr indicted 61 people on racketeering charges for their alleged actions in relation to the Stop Cop City movement, a Fulton County judge said Carr made a critical error by failing to obtain prior authorization from the governor to indict racketeering and arson charges. 

Motions hearings began on Monday and were scheduled for the entirety of the week, with up to 57 motions expected to be heard. After arguments on the first motion Monday morning, Fulton County Superior Court Judge Kevin A. Farmer told attorneys that they should not expect any rulings from the bench this week. 

That changed Tuesday morning, following arguments over the fourth motion, which called for dismissal of the first count of the indictment—the 61 racketeering charges—on the grounds that the AG did not have authority to indict RICO charges without an authorization letter from Georgia Gov. Brian Kemp. After arguments on the motion concluded, Judge Farmer called for a morning recess. When he returned, he said he intended to dismiss counts one and three of the indictment.

Deputy Attorney General John Fowler, who is the lead prosecutor in the RICO case, plans to appeal Judge Farmer’s decision to the Georgia Court of Appeals. The attorney general’s office has the option to indict the RICO charges again. 

“I think we all recognize that the fat lady is not singing,” Farmer said. “It ain’t over.” 

Count three indicted five people on arson charges, which falls into the same issue as the RICO charges and required an authorization letter from the governor. The indictment also originally included 15 counts of money laundering, but those counts were dismissed by prosecutors last year. 

Count two of the indictment charges five people with domestic terrorism, and remains an open question. Unlike racketeering and arson, Georgia law grants the attorney general authority to bring those charges without additional authorization from the governor. Because of the uncertainty around count two, defense attorneys asked to argue two motions related to the issue on Tuesday. 

The first motion argued the Georgia General Assembly did not follow the required process when it passed the domestic terrorism law in 2017, and the use of domestic terrorism was improperly applied as overt acts in the RICO indictment. The second motion argued that count two of the indictment was overbroad and vague. 

Judge Farmer told attorneys he would issue a written ruling on dismissing counts one and three and Wednesday’s motions at a later time. Attorneys anticipate those rulings will likewise head to the Court of Appeals.