Why is Georgia prosecuting leftwing activists with the same law as Trump?
Within weeks of each other, Donald Trump and 61 leftwing activists were indicted under criminal conspiracy laws in Georgia. What may feel like a victory for centrism and justice is actually a dangerous conflation.
The protesters are part of the Stop Cop City movement, fighting to prevent the construction of a new police urban combat training facility over what the Muscogee Creek people call the Weelaunee forest outside of Atlanta. One protester has already been killed by police, with an independent autopsy detailing that they probably had their hands up when they were shot 57 times.Georgia has expansive anti-racketeering laws, originally created to fight the mafia; the state’s Republican attorney general, Chris Carr, has decided to stretch these laws far past what could reasonably be considered their intended purpose. While the former president was indicted for an alleged conspiracy to literally overthrow the government, many Stop Cop City protesters are facing similar charges for such acts as receiving reimbursements for glue and food and raising money to bail others out of jail.
The indictments against the protesters are a naked attempt to destroy a grassroots social movement. Worse, they create a precedent that will allow both Republicans and Democrats to further their separate tracks of crushing any public opposition to government policy.
Cop City was first planned in 2017 but only gained steam following the 2020 Black liberation protests. Instead of addressing the myriad of issues that Atlanta residents face, the city backed the giant police and fire training facility, which was proposed by a rightwing police foundation funded by corporations like Home Depot and Wells Fargo. A large network of organizers and activists, from faith and environmental groups to socialist parties and anarchist collectives, got together to protect the forest. They used a range of tactics, from occupying the land to knocking on the doors of neighbors to inform them about the construction.
It was the occupations of the forest and disruption of construction, traditional tactics of environmentalists, that triggered a police raid that led to officers shooting 26-yearold Manuel “Tortuguita” Terán. Police claimed Tortuguita shot first, wounding police officers, but one autopsy denies that Tortuguita could have been holding a gun and an officer was recorded on video during the incident saying: “You fucked your own officer up,” implying that the police may have been in a friendly-fire incident.
Following Tortuguita’s death, organizers mobilized hundreds of people to city hall to speak in a record-breaking 14 hours of public comment, but the Atlanta city council ignored the antiCop City groundswell and went on to approve $67m of public money for the project.
A coalition within the movement switched strategies and moved to put the construction to a referendum; thus far the coalition has submitted petitions signed by over 100,000 Atlanta residents – a gobsmacking fifth of the entire city. In response, the city has prepared a series of roadblocks to ensure that no resident will have a say in this process, a move that some residents are calling voter suppression.
The indicted Stop Cop City protesters are being charged under Georgia’s Racketeer Influenced and Corrupt Organizations (Rico) act, an extension of a federal law created under Richard Nixon to crush the Italian American mafia. For those unfamiliar with The Sopranos and the trials and tribulations of the mob, Rico statutes target the unique structure of the mafia, a hypercentralized organization with an insulated leadership that can’t be caught up in street-level crimes. The laws allow for different crimes to be linked together and used to prosecute an entire organization at the same time, with increased charges for everyone involved. These increased charges also make it easier to coerce lower-level mobsters to snitch on their higher-ups.
While Trump’s alleged conspiracy – a centralized operation with vague attempts to obscure the leadership – fits the bill, the Stop Cop City movement is the opposite. It is neither centralized nor a criminal organization. While some activists have engaged in acts of sabotage to protect the forest, it is absurd to consider their activities as constituting a criminal organization, unless you consider all protest movements illegal. But these indictments basically do just that – tying together acts like passing out flyers, providing legal support and literally writing the letters “ACAB” into an amorphous nonsensical conspiracy.
This, of course, has been the unfortunate trajectory of such indictments and anti-protest laws since the mass protests following George Floyd’s murder in 2020. Because Georgia prosecutors can’t name a clear command structure like one might do with the mob, the indictment of the Stop Cop City activists is focused on the alleged anarchist ideology of the protesters and their desire to create a better world.
The indictment lists things like “mutual aid”, essentially inter-communal charity, as if they are acts of terrorism or equivalent to shaking down store owners for protection. In the words of Anthony Michael Kreis, a constitutional law expert interviewed by the New York Times, the document “seems like an indictment of an ideological disposition”.
It is hardly surprising when rightwing forces use the law to shut down progressive protest; what is unsettling here is the complicity of supposedly liberal Democrats. Unfortunately the Stop Cop City indictments fit neatly with the increasingly reactionary and anti-democratic behavior of Democratic politicians in Atlanta and elsewhere. (Recall Joe Biden’s past comments about “antifa” and his desire to increase funding for police.)
There is a growing conspiracy to use violence and coercion to take over the country, but the instigators are figures of the right like Trump and Ron DeSantis and organizations like the Proud Boys. As prices and temperatures rise, leftwing movements will be necessary for our collective survival. Framing progressive activists as equivalent to gangsters and rightwing insurrectionists is a dangerous path that will birth a system even worse than our already cracking capitalism.