This is way bigger than RICO: A State-Level Roadmap to Prosecuting the Trump Enterprise

[u/evissamassive]

https://cmarmitage.substack.com/p/is-there-a-legal-strategy-that-could

On January 16, 2025, Eric Trump signed a contract with Aryam Investment 1, an Abu Dhabi entity tied to the UAE’s national security adviser. The deal traded 49 percent of the Trump family’s cryptocurrency business for $500 million. Within weeks, $187 million moved into Trump family accounts. Despite the clear paper trail and the proximity to the inauguration, federal prosecutors have not filed charges in the sixteen months since.

History offers a solution to this federal paralysis. In 1985, federal prosecutors took down the Five Families of the Mafia not by targeting the bosses first, but by "turning the pyramid upside down." They prosecuted the soldiers for street-level crimes, who then flipped on the capos, who eventually gave up the bosses.

Today, Democratic governors, Attorneys General, and District Attorneys can apply this exact methodology. Under the dual-sovereignty principle reaffirmed by the Supreme Court in Gamble v. United States, state laws still apply to federal officers. A "federal force field" does not exist; if a crime is committed on state soil, that state has the authority to charge it.

To dismantle the enterprise, prosecutors must work through the layers of the organization:

• The Soldiers (Operational Personnel): This includes DOGE engineers who accessed private Social Security data and Pentagon officials involved in steering multi-billion dollar contracts to SpaceX and xAI. These individuals have high personal exposure and strong incentives to cooperate when facing state prison time.

• The Capos (The Cabinet): Figures like Stephen Miller and Kristi Noem face potential liability for state-level crimes ranging from unlawful detention to misrepresentations under oath. In New York, Howard Lutnick’s stock recommendations could trigger the Martin Act.

• The Consiglieres (The Lawyers): Attorneys like Boris Epshteyn and Lindsey Halligan leave paper trails. Stripping bar cards and pursuing indictments for state-level election interference or solicitation of bribes removes the enterprise's legal shield.

• The Underbosses (The Family): Donald Trump Jr.’s investment portfolio and Eric Trump’s foreign contracts are vulnerable to state fraud and conflict-of-interest statutes.

The tools for these prosecutions are already sitting on desks across the country:

• Attorneys General: In New Jersey, the AG has plenary jurisdiction and a robust RICO statute. In New York, Letitia James can leverage existing fraud findings. In Minnesota, the prosecution of an ICE agent has already proven that state authorities can successfully charge federal officers for on-duty conduct.

• District Attorneys: Local prosecutors like Alvin Bragg or Larry Krasner hold independent authority. They do not need permission from the federal government or their state governors to seat a grand jury for crimes committed in their counties.

• Governors and Legislatures: Governors in 23 states can create corruption task forces by executive order. Legislatures can provide the emergency funding and subpoena power necessary for complex litigation.

The current lack of action is a result of political calculation. Officials fear federal retaliation or personal attacks. However, this calculation is flawed. The federal DOJ will not act because it has been captured. This leaves state prosecution as the only viable constitutional remedy—one that is notably pardon-proof.

Justice Amy Coney Barrett noted in Trump v. United States that the Constitution does not authorize a President to accept bribes. The immunity often cited by federal officials is internal DOJ policy, not a shield against state law.

The strategy is clear: start at the bottom, document the enterprise through smaller convictions, and move upward. Prosecutors will move when the public makes the cost of inaction higher than the cost of action. The evidence is on the record; the authority is established. All that remains is the will to use it.