The ridiculousness of these charges is evident from a cursory review of the indictment. In fact, the vast majority of acts alleged by the state—reimbursing protestors for food and supplies, signing one’s name on a form as “ACAB” (“all cops are bastards,” a common chant at protests)—would not constitute crimes on their own. This is why the prosecutors are utilizing RICO: The state is attempting to criminalize constitutionally protected activities by putting them under the same umbrella as alleged criminal acts. And yet even the alleged criminal acts are unlikely to be proven in court, as every warrant to date has contained a stunning lack of any evidence against individuals charged.
The indictment itself is not a surprise. In fact, the Atlanta Solidarity Fund and other organizations had warned it was coming as early as February of this year. And in June 2023, DeKalb County District Attorney Sherry Boston made the high-profile decision to remove her office from the Cop City prosecutions, indicating her doubt in the evidence behind the charges. But the content of the indictment is nonetheless jarring in its clear purpose: to intimidate, silence, and disappear activists.
The indictment is first and foremost an attack on the 61 people currently charged. Prosecutors know that even if they cannot secure convictions, they can attempt to ruin people’s lives in the process. Charges do not have to stick in order for the state to inflict damage on someone’s life, whether through traumatic and potentially deadly time spent in pretrial detention, or the many collateral consequences of the prosecutions. Already, various #StopCopCity defendants have lost jobs, been banned from their campuses, had their bank accounts closed, faced discrimination at airports, and more. The mark of domestic terrorism is intended to hang over defendants’ heads for as long as possible.