Author John Daniel Davidson profileThe latest indictment of former President Donald Trump is even more outlandish than Jack Smith’s blatant attempt to criminalize free speech. The indictment Monday out of Fulton County, Georgia, criminalizes mundane activities like asking for a phone number, texting, encouraging people to watch a televised hearing, and reserving a room at the Georgia capitol.

These activities, according to Georgia prosecutor Fani Willis, run afoul of the state’s Racketeer Influenced and Corrupt Organizations (RICO) statute. As far as Willis is concerned, Trump’s legal efforts to challenge the election results in Georgia amounted to a criminal conspiracy, with Trump as the criminal mastermind. What that means, outlandishly, is that every phone call or tweet related to those legal efforts, every step Trump and his team took to press their legal case, counts as “an overt act in furtherance of the conspiracy.” …

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