Indicting the whole Trump Organization as a “corrupt enterprise” could also help prosecutors address the thorny question of whether the president can be indicted in office; they could lay out a whole pattern of criminal activity, indict numerous players — including perhaps Trump family members — and leave the president himself as a named, unindicted co-conspirator. Such an action would allow investigators to make public all the known activity for Congress and the public to consider as part of impeachment hearings or re-election. It would also activate powerful forfeiture tools for prosecutors that could allow them to seize the Trump Organization’s assets and cut off its income streams.
Trump’s defenders are trying to set up a catch-22 to protect him: “The DOJ says a sitting president cannot be indicted, and the DOJ cannot release any details of an investigation if they have decided not to indict.”
I am neither a lawyer nor a constitutional scholar, but the RICO approach strikes me as being a perfect way around this argument.