Former Trump attorney predicts RICO count in indictment will be dismissed

Former Trump attorney and founder of Parlatore Law Group, Tim Parlatore, says that the RICO charge in the latest indictment of the 45th president could be dismissed. 

"The RICO count is completely legally incompetent, in my opinion," Parlatore told the "Just the News, No Noise" TV show. "And I think it's important to get that in front of a federal judge so they can apply the standards set by the Supreme Court on these types of RICO cases, even though it's a state statute, as opposed to the federal statute."

Trump and 18 of his allies were indicted Monday night by a Georgia grand jury for engaging in a broad conspiracy to overturn the 2020 election.

All 19 of them face racketeering charges under the Racketeer Influenced and Corrupt Organizations Act, also known as the RICO Act. 

Harvard Law School Professor Emeritus Alan Dershowitz said on the John Solomon Reports podcast that he has never seen the RICO Act used to criminalize election challenges. 

"This is a tough case because RICO sounds like it's a racketeering case," he said. "It's the first time to my knowledge that RICO has been used precisely in this manner, to criminalize ... election challenges."

Parlatore predicted that the RICO charge would get dismissed in federal court. 

"One of the things that really jumped out at me is something they call continuity, where the enterprise has to have some continuous purpose as opposed to just being an isolated incident," he said. And here it is an isolated incident, because it all centers around the election, and so it's the type of thing that in federal court, RICO gets dismissed."