Former President Donald Trump could potentially 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 typically 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 look at various organized or related attempts to engage in criminal activities, which can range from violent crimes to false statements and obstruction of justice. Unlike focusing solely on a single crime, this statute examines the bigger picture and considers interrelated actions.

Morgan Cloud, a law professor at Emory University, explained that 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 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.

One of these key events includes 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.

Despite these allegations, Trump has consistently denied any wrongdoing and described the conversation with Raffensperger as "an absolutely PERFECT phone call." Apart 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 underscores the seriousness of the ongoing investigations into his actions during and after the 2020 presidential election. These potential charges represent a significant escalation in legal consequences for the former president, who has faced various legal battles throughout his tenure and post-presidency.

It remains to be seen how the investigations in Georgia will unfold, but if Trump is indicted under the RICO statute, it could mark a historic moment in American political and legal history. The outcome of these potential charges could have far-reaching implications, not only for Trump but also for the interpretation and application of RICO laws in the context of political misconduct.