Former President Donald Trump could potentially face a Racketeer Influenced and Corrupt Organizations Act case in Georgia, an expert warned.
Former President Donald Trump could potentially face a Racketeer Influenced and Corrupt Organizations Act (RICO) case in Georgia, according to an expert.
What Happened: Fulton County District Attorney Fani Willis‘ office has been investigating alleged efforts by Trump and his allies to overturn his loss in the 2020 election in Georgia, CBS News reported.
Georgia’s RICO statute is considered more expansive than the federal code. To prove racketeering, prosecutors must convince a jury beyond a reasonable doubt that at least two of the racketeering activities are related in terms of method, purpose, or victims, said Morgan Cloud, a law professor at Emory University.
Cloud believes the goal in Trump’s case was to overturn the 2020 presidential election in Georgia.
“It has to be not just one separate isolated event, but a series of interrelated actions,” Cloud said, adding, “The racketeering statute does not look simply at a single crime, it tries to look at the big picture of view.”
Cloud suggested several key events after the 2020 election could be considered “actions taken as part of that scheme” under Georgia’s RICO statute. This includes three phone calls Trump made to Georgia officials encouraging them to find fraud.
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Why It Matters: While RICO cases are not new in Fulton County, pursuing such a case against a former president would be unprecedented, according to experts.
Letters were sent in 2022 by Willis’ office to multiple Trump allies, warning that they could face unspecified charges. This includes Trump’s former attorney, Rudy Giuliani, and so-called “fake electors.”
Trump has denied any wrongdoing, describing his conversation with Georgia Republican Secretary of State Brad Raffensperger as “an absolutely perfect phone call.”
The ongoing investigations into Trump and his allies over the 2020 election loss in Georgia are part of a series of legal difficulties faced by the former president. Notably, Trump’s legal battles have escalated in recent months, with potential charges relating to the mishandling of classified documents and a trial for his alleged attempts to overturn his defeat in the 2020 election.
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