Former President Donald Trump may face unprecedented felony charges if he is indicted in Georgia, according to sources who spoke to CBS News. Fulton County District Attorney Fani Willis is reportedly considering pursuing Trump under Georgia's Racketeer Influenced and Corrupt Organizations Act (RICO), a statute commonly used against organized crime but with broader applications.

Compared to its federal counterpart, Georgia's RICO statute is believed to have a more expansive scope. It allows prosecutors to point to various organized or related attempts to engage in criminal activities, ranging from violent crimes to false statements and obstruction of justice. The statute examines the bigger picture and looks at interrelated actions rather than just a single crime, as explained by Morgan Cloud, a law professor at Emory University.

To prove racketeering, prosecutors must convince a jury beyond a reasonable doubt that at least two racketeering activities are connected in terms of method, purpose, or victims. In Trump's case, Cloud believes that the most crucial connection would be the goal or purpose of overturning the 2020 presidential election in Georgia. This means that if Trump is charged under RICO statutes, he may not be alone in facing potential racketeering charges.

In 2022, Willis' office sent letters to multiple Trump allies, including Rudy Giuliani and "fake electors," warning them of potential charges. Cloud suggested that several key events after the 2020 election could be considered "actions taken as part of that scheme" under Georgia's RICO statute. Specifically, he pointed to three phone calls made by Trump to Georgia officials urging them to find fraud. One notable call occurred on January 2, 2021, between Trump and Georgia Republican Secretary of State Brad Raffensperger, during which Trump infamously said, "I just want to find 11,780 votes," referring to the number of votes he would have needed to surpass President-elect Joe Biden in Georgia. Trump has consistently denied any wrongdoing and described the conversation with Raffensperger as "an absolutely PERFECT phone call."

Aside from Trump's phone calls, Giuliani's unfounded claims of fraud and misconduct among state officials may also be considered part of the alleged scheme under Georgia's RICO statute. The possibility of Trump facing RICO charges highlights the seriousness of the ongoing investigations into his actions during and after the 2020 presidential election.