When a Georgia grand juryĀ indicted Rudy Giuliani along with Donald Trump and 17 others this week, the irony that he was charged under the state version of a federal racketeering law was widely noted.
The prosecutor-turned-mayor-turned-MAGA lackey had wielded the Racketeer Influenced and Corrupt Organizations (RICO) statute to become a famous mob-buster. And now he was being accused of violating a similar law in a bungled attempt to overturn an election.
For nearly four decades,Ā GiulianiĀ has claimed that it was his idea to use RICO to prosecute 11 members of New Yorkās five crime families in 1985āafter crime boss Joe Bonanno published a memoir that described the workings of the Mafia.
āI dreamed up the tactic,ā Giuliani wrote in his 2002 bookĀ Leadership. āI revealed that Bonannoās description of how families were organized provided a roadmap to precisely what the RICO statute was designed to combat. As soon as I became the U.S. Attorney, I was able to hoist Bonanno by his literary petard.ā
But the legal eminence who actually drafted the RICO statute and a former top New York state organized crime prosecutor tell The Daily Beast that is not how it went down at all.
Their version suggests an added irony to the Georgia indictment: the numerous lies that Giuliani is accused of perpetrating to keep Donald Trump in office were superseded by a bogus origin story.
As described in the bookĀ Giuliani: The Rise and Tragic Fall of Americaās Mayor, Ron Goldstock of the New York State Organized Crime Task Force maintains he took the idea of using RICO against La Cosa Nostra to Giuliani two months after he became the U.S. Attorney in Manhattan. Giuliani has denied that, and the conflicting accounts have stood as a he said-he said situation.
But G. Robert Blakey backs up Goldstockās version of events.
Blakey, a law professor at the University of Notre Dame who has also taught at Cornell University, drafted the Organized Crime Control Act of 1970 on a yellow legal pad. Title IX of the act was RICO.
āGiuliani falsely says he got the idea of using RICO against the mob himself because he read a biography by the head of one of the crime families,ā Blakey, 87, told The Daily Beast this week. āThat was his story.ā
Blakey said that he has not previously challenged Giulianiās account because what most mattered to him was that RICO had been used with devastating effect against the Mafia.
āGiuliani used it in the commission case,ā Blakey said, referring to Giulianiās prosecution of members of the ruling commission of the five mob families who ran gangland at the time. āIf he says he invented it, fine. I donāt care who invented it. If he wants to take credit for it, let him take credit for it.ā
But Blakeyās attitude changed in the wake ofĀ the indictment, when he heard that GiulianiĀ had been speakingĀ as if he were the worldās leading expert on the statute.
āWhen he said, as heās saying now, as a defendant with Trump, āI know more about RICO than anybody,ā I think that stretches the truth,ā Blakey told The Daily Beast.
In describing the actual genesis of RICO, Blakey says that his overall legal thinking was influenced by the Nuremberg trials of Nazi war criminals. A more direct factor was a law school analysis he edited on the ultimately failed prosecution of the dozens of gangsters who attended what became known as āthe Apalachin Meetingā at a mafiosoās home in upstate New York.
Blakey had that case in mind when he wrote out the ninth subsection of the Organized Crime Control Act in an alcove of his living room in the Maryland house where he lived during a sabbatical from Notre Dame.