Executive Summary
- Georgia AG Chris Carr filed an appeal Monday to reinstate RICO charges against 61 defendants.
- A Fulton County judge previously dismissed the charges, citing a lack of authorization from Governor Kemp.
- Domestic terrorism charges against five defendants were upheld in the December ruling.
- Prosecutors allege the defendants engaged in coordinated violence to stop the Atlanta Public Safety Training Center.
Georgia Attorney General Chris Carr announced Monday that his office has filed an immediate appeal seeking to reinstate Racketeer Influenced and Corrupt Organizations Act (RICO) charges against 61 defendants linked to protests against the Atlanta Public Safety Training Center. The appeal challenges a December ruling that dismissed the racketeering counts based on procedural grounds regarding the Attorney General’s authority.
In December, Fulton County Superior Court Judge Kevin Farmer dismissed the RICO charges against the group, ruling that Carr had failed to secure the constitutionally required authority from Governor Brian Kemp to file the indictment. While the judge threw out the sweeping racketeering charges, he ruled to uphold domestic terrorism charges against five of the defendants involved in the case.
Attorney General Carr stated Monday that his office intends to continue the full prosecution of those indicted. “We took action to ensure that groups like Antifa and other anarchists who engaged in Domestic Terrorism were held accountable,” Carr said in a statement. He emphasized that acts of violence, including shooting at troopers, attacking law enforcement, and damaging construction equipment, would be met with legal consequences.
The Attorney General’s office alleges that the defendants are members of “Defend the Atlanta Forest,” which prosecutors describe as an “anarchist, anti-police and anti-business extremist organization.” The state accuses the group of conspiring to prevent the construction of the facility through coordinated acts of violence, intimidation, and property destruction. According to data released by the AG’s office, only 13 of the 61 individuals facing prosecution are residents of Georgia.
Defense attorneys and activists have previously criticized the August 2023 indictment, arguing that it centered on political opposition to the training center, which opponents refer to as “Cop City.” The upcoming appellate process will determine whether the AG’s office can proceed with the RICO case despite the lower court’s finding regarding the lack of gubernatorial authorization.
Legal Ramifications and Procedural Impact
The appeal introduces a critical legal test regarding the scope of the Attorney General’s independent prosecutorial authority under Georgia state law. The appellate court’s decision will likely establish a precedent defining whether the AG requires explicit executive permission to pursue specific organized crime indictments, or if such powers are inherent to the office. As this procedural dispute delays the trial phase, the focus remains on the interpretation of statutory requirements for filing RICO charges. It is important to note that all individuals named in the indictment are presumed innocent until proven guilty in a court of law.
