Clinton Foundation hit with RICO lawsuit

Beautiful. Someone has finally called Bill and Hillary Clinton and their slush fund Foundation what they are: racketeers.

Bill and Hillary  Clinton and the Clinton Foundation have been hit with a racketeering lawsuit in Florida court.

The lawsuit, filed by Larry Klayman of Freedom Watch, includes a legal request to have the Florida judge seize the private server on which Hillary Clinton and her aides hosted their emails while she served as secretary of state.

Klayman has filed dozens of lawsuits against the Clintons and other prominent politicians.

The racketeering, influenced and corrupt organizations, or RICO, case alleges the former first couple and their family philanthropy traded political favors for donations or generous speaking fees for Bill Clinton while his wife was the nation’s chief diplomat.

“Negotiations by email about influencing U.S. foreign policy or U.S. Government actions to benefit donors to … The Clinton Foundation or sponsors of speaking engagements would not be captured on a U.S. Government email account because her emails would not be with a U.S. Government official,” Klayman said in court documents obtained by the Washington Examiner.

I don’t know if Klayman can make this stick.

RICO also permits a private individual “damaged in his business or property” by a “racketeer” to file a civil suit. The plaintiff must prove the existence of an “enterprise”. The defendant(s) are not the enterprise; in other words, the defendant(s) and the enterprise are not one and the same.^[3] There must be one of four specified relationships between the defendant(s) and the enterprise: either the defendant(s) invested the proceeds of the pattern of racketeering activity into the enterprise; or the defendant(s) acquired or maintained an interest in, or control over, the enterprise through the pattern of racketeering activity; or the defendant(s) conducted or participated in the affairs of the enterprise “through” the pattern of racketeering activity; or the defendant(s) conspired to do one of the above.^[4] In essence, the enterprise is either the ‘prize,’ ‘instrument,’ ‘victim,’ or ‘perpetrator’ of the racketeers.^[5]

He seems to be hanging his hat on using long time Clinton henchcritter, Cheryl Mills’, lying to a federal judge about the existence of email’s Klayman had requested under FOIA. Not being a lawyer, and not even playing one on the internet, I don’t know if this will pass the smell test. If it isn’t dismissed it will be interesting to have Bill and Hillary Clinton give depositions on their obvious influence peddling while Hillary runs for president. Even if Larry Klayman is using it as a fundraising gimmick it will be great theater.

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