The Brief
- Judge Kevin Farmer dismissed RICO charges against 61 defendants because the Attorney General lacked prosecutorial authority.
- The Attorney General failed to obtain the constitutionally required written permission from the Governor to bring racketeering charges.
- Five defendants still face domestic terrorism charges which fall under the Attorney General’s specific statutory power.
ATLANTA – A Fulton County judge formally dismissed racketeering charges Tuesday against 61 people involved in the “Stop Cop City” movement, ruling that Georgia Attorney General Chris Carr lacked the legal authority to bring the case.
RICO charges dismissed
What we know:
Fulton County Superior Court Judge Kevin Farmer signed the order Dec. 30 following months of legal challenges. The ruling guts the state’s central argument that opposition to the Atlanta Public Safety Training Center constituted a criminal enterprise.
Farmer wrote that the attorney general did not follow proper procedure to secure an indictment on the racketeering charges.
Under the Georgia Constitution, the attorney general needs a written request from the governor or specific legislative permission to bypass local district attorneys for such prosecutions. Carr conceded during a September hearing that Gov. Brian Kemp had not issued such a request.…