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RICO and the Democrat Party

May 20, 2009

I'm wondering why the Racketeer Influenced and Corrupt Organization Act—commonly referred to as RICO—can't be used against the Democrat Party.

Before you dismiss this idea as the deranged ponderings of a rabid Republican, take a look at my list of crooked Democrats and then come back here for a review of the RICO Act itself, while keeping in mind that I haven't voted for a Republican in decades.

The Crooked Democrats list is by no means comprehensive but it includes hundreds of crooked Democrats and most of those people have engaged in multiple acts of skullduggery. Even more important than the number of crooks is the way the Democrat Party treats those crooks. With few exceptions, they continue in political office with the blessing of their fellow Democrats. Nancy Pelosi almost made Alcee Hastings chairman of the Intelligence Committee and appointed William Jefferson to the Homeland Security panel—both are men who have accepted bribes. Ted Kennedy has remained in the senate for forty years since killing Mary Jo Kopechne.

Clearly, being a crook is not a handicap in the Democrat Party. So let's look at what the RICO Act says:

RICO states that any person who is a member of an enterprise that has committed any two of thirty five specified crimes within a 10-year period can be charged with racketeering. The list of crimes includes bribery, embezzlement, fraud, securities fraud, and "bringing in, aiding, or assisting aliens in illegally entering the country."

First things first: can we define the Democrat Party as an enterprise? Well, it has a national headquarters, formulates and carries out national strategies for electing its own party members, and creates and maintains a national elucidation of philosophy and goals. That would seem to make it an enterprise. The RICO Act legislation defines "enterprise" with these words:

(4) “enterprise” includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity;
The definition is very broad. Given those words, the question isn't whether the Democrat Party is an enterprise—the question is how anybody could argue otherwise.

Next, do we have two or more crimes in the last ten years? If you look at election fraud alone, the voter registration arm of the Democrat Party, ACORN, has more than met that quota by a factor of ten. If you look at aiding illegal aliens, that's an official plank in the Democrat Party platform, so we can make that case using the racketeers' own words:
"For the millions living here illegally but otherwise playing by the rules [otherwise?], we must require them to come out of the shadows and get right with the law. We support a system that requires undocumented immigrants who are in good standing [how can you be an undocumented immigrant and also be in good standing?] to pay a fine, pay taxes, learn English, and go to the back of the line for the opportunity to become citizens [it's not the back of the line if they get to stay... duh]. They are our neighbors, and we can help them [excuse me, but "help" is a synonym for "aid", so the RICO verdict is in: guilty] become full, tax-paying, law-abiding, productive members of society." [inserted sarcasm mine, of course]
In other words, the Democrat Party acknowledges that people are here illegally and commits itself as an enterprise to creating a system whereby they can stay here. That's a RICO crime, pure and simple, with the confession already written. Even Janet Reno could win this case.

Meanwhile, for backup, we have all the various bribes and illegal enrichments which have made so many Democrat politicians rich beyond their abilities. We even have securities fraud by the likes of Barney Frank and Chris Dodd, who kept insisting that Fannie Mae and Freddie Mac were sound and safe when they knew otherwise. You could make a case for Fannie and Freddie being the worst cases of securities fraud in the history of the world based on the amount of money involved.

Remember, it only takes two crimes and the criminals do not have to be found guilty of those crimes in a court of law, so we don’t have to convict John Murtha of soliciting a bribe or Barney Frank of running a prostitution ring. All we need to prove is that there is a pattern of behavior leading to illegal activity. That's all.

Obviously, we’ve got that—look at the list of crooked Democrats again. It grew so large I had to divide it into three parts alphabetically. (There's no point citing the total number of crooks in the list because Democrats get arrested so fast and consistently, often two or more of them in a single day, the number would be outdated as soon as I cited it.)

In case you're thinking we can't bring a RICO case against the government itself, which is what we're talking about since Democrats control the White House and congress... well, yes we can. In fact, it's already been done: in 1984 RICO was successfully used against the Key West Police Department.

Another objection might be that we would never get prosecutors, many of them Democrat-appointed, to go after the Democrat Party. Worry not: it just so happens the RICO Act is written so that private citizens may sue RICO suspects in civil court using the same standards and definitions we've already discussed. Using this private party provision of the RICO Act, the Montreal Expos sued Major League Baseball, NOW sued anti-abortion activists, and companies have been sued for hiring illegal aliens.

So this is entirely reasonable. All we need is somebody with the money to hire a good lawyer and the moxie to see it through. We need a George Soros-type character—except good instead of evil: someone who believes in freedom and the American Constitution rather than government power and the Communist Manifesto. That's all.

Even if the case was ultimately unsuccessful—which it probably would be since a large portion of our federal judges are liberal activists appointed by Democrat presidents—a point would be made and made in a very public manner. People would be forced to take a good, hard, overdue look at the most dangerous gangsters in America, the Democrat Party.


From Reno, Nevada, USA

Followup 1: April 2, 2014

Another example of imitation being the sincerest form of flattery: five years after I broached the notion of using RICO statutes to indict the Democrat Party, arguably the largest and most destructive criminal enterprise in U.S. history, political candidate/commentator Wayne Allen Root wrote a column for Townhall.com suggesting the very same thing. While neglecting to mention what I consider the most crucial point—that any private citizen can initiate a RICO lawsuit—he makes the case for RICO by producing a fascinating list of ten Democrat crimes from just one week. "Keep in mind," says Mr. Root at the end of the list, "this was just one week of a Democratic crime spree. One week of 'business as usual'..."



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