In 2011, Republicans threatened to destroy the Nation’s credit rating unless their budgetary demands were met.
President Barack Obama could have ended that threat via the Racketeer Influenced Corrupt Organizations (RICO) Act. Unfortunately for him and the Nation, he didn’t.
Originally, RICO was aimed at the Mafia and other organized crime syndicates. But in United States v. Turkette, 452 U.S. 576 (1981), the Supreme Court held that RICO applied as well to legitimate enterprises being operated in a criminal manner.
After Turkette, RICO could also be used against corporations, political protest groups, labor unions and loosely knit-groups of people.
Department of Justice
RICO opens with a series of definitions of “racketeering activity” which can be prosecuted by Justice Department attorneys. Among those crimes: Extortion.
Extortion is defined as “a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion.”
The RICO Act defines “a pattern of racketeering activity” as “at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years…after the commission of a prior act of racketeering activity.”
And if President Obama had believed that RICO was not sufficient to deal with Republicans’ extortion attempts, he could have relied on the USA Patriot Act of 2001, passed in the wake of 9/11.
In Section 802, the Act defines domestic terrorism. Among the behavior that is defined as criminal:
“Activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.”
The remedies for punishing such criminal behavior were now legally in place. President Obama needed only to direct the Justice Department to apply them.
- President Obama could have directed Attorney General Eric Holder to investigate whether actions by Republican Congressman—and their Tea Party cohorts—broke Federal anti-racketeering and/or anti-terrorism laws.
- Holder, in turn, could have ordered the FBI to conduct that investigation.
- If the FBI found sufficient evidence that these laws had been violated, Holder could have convened criminal grand juries to indict those violators.
Those same remedies remain available to President Joseph Biden.
Criminally investigating and possibly indicting members of Congress would not violate the separation-of-powers principle. Congressmen have in the past been investigated, indicted and convicted for various criminal offenses.
Such indictments and prosecutions—-and especially convictions—would have served notice on current and future members of Congress: The lives and fortunes of American citizens may not be held hostage to gain leverage in a political settlement.
And Obama could have stood up to Republican extortionists in another way: By urging his fellow Americans to rally to him in a moment of supreme national danger.
President John F. Kennedy did just that—successfully—during the most dangerous crisis of his administration.
Addressing the Nation on October 22, 1962, Kennedy shocked his fellow citizens by revealing that the Soviet Union had installed offensive nuclear missiles in Cuba.
John F. Kennedy
Kennedy outlined a series of steps he had taken to end the crisis—most notably, a blockade of Cuba. Then he sought to reassure and inspire his audience:
“The cost of freedom is always high, but Americans have always paid it. And one path we shall never choose, and that is the path of surrender or submission.”
President Obama could have sent that same message to the extortionists of the Republican Party—but he refused to do so.
That does not, however, prevent President Biden from doing so.
Kevin McCarthy (R-CA), the newly-installed Speaker of the House of Representatives, has told CNN that Republicans would demand spending cuts in exchange for lifting the debt ceiling. Most likely, such cuts would come at the expense of the poorest American citizens, as this has been the standard Republican practice.
Appearing on The PBS Newshour on January 17, Wendy Edelberg of the Hamilton Project, a liberal economic think tank, warned of potential disaster if Congress refuses to raise the debt ceiling:
“It’s playing a game with the U.S. economy and people’s lives that I think is irresponsible….
“I’m very confident that the White House and Democrats in Congress stand ready to negotiate on future tax and spending laws and changes to those laws.
“What I don’t understand is why those negotiations are linked to the debt ceiling. Maybe they’re both about borrowing, and so people have gotten confused. One is about backward-looking obligations based on previous laws, tax and spending laws that were enacted, and one is about future.”
There’s no mystery: By linking the debt ceiling to tax and spending negotiations, Republicans believe they can extort any concessions they want from President Biden.
But this doesn’t have to happen. Biden can choose to invoke criminal law against criminal extortion.
If he does so, he will save the Nation from financial extinction.
And he will send a message to future Right-wing extortionists: The lives and fortunes of American citizens may not be held hostage to gain leverage in a political settlement.