Former President Trump could face his most formidable legal challenge yet, as prosecutors in Georgia employ a legal tool typically associated with organized crime cases: the Racketeer Influenced and Corrupt Organizations Act (RICO). This expansive law, known as RICO, provides prosecutors with significant leverage in their investigation into Trump’s efforts to overturn the 2020 election.
Fulton County District Attorney Fani Willis, who had previously kept her plans discreet, unveiled indictments against Trump and 18 others on Monday. Trump faces 13 charges, including violating Georgia’s RICO law. Among those indicted are former White House chief of staff Mark Meadows, as well as lawyers Rudy Giuliani and John Eastman.
Legal experts had anticipated Willis would leverage the RICO law when presenting her case to the grand jury. This law, paralleling federal statutes of the same name, enables prosecutors to link together crimes committed by different individuals toward a common objective. The investigation, spanning two years and involving numerous witness testimonies, has culminated in these charges.
These charges mark the fourth indictment against the 2024 GOP frontrunner since April. Trump has pleaded not guilty to state charges in a hush-money case, federal charges in a classified documents case, and federal charges in an election conspiracy case.
Several factors suggest that the Georgia charges may pose a greater threat to Trump compared to the other cases:
- Complexity of RICO Cases: RICO cases are intricate, making it challenging for lawyers to formulate a cohesive trial strategy. The severe penalties associated with RICO charges incentivize co-defendants to seek deals in exchange for providing new evidence. Trump allies have already been notified that they are targets of the investigation, including Rudy Giuliani and the GOP electors who falsely “certified” Trump as Georgia’s 2020 victor.
- State Charges and Pardoning Power: Facing state charges in Georgia, Trump won’t have the option of a presidential pardon, as this authority lies with the Georgia Board of Pardons and Paroles. They require a sentence to be completed at least five years prior to applying for a pardon. This contrasts starkly with the federal cases.
- Transparency in Georgia Courts: While federal and New York courts are reluctant to televise criminal proceedings, Georgia courts are more open. This means Georgia could potentially be the only case broadcasted to the world, providing the public with a more comprehensive view of the evidence, potentially carrying significant political implications for Trump.
Fani Willis, with her expertise in RICO cases demonstrated through the successful prosecution of a major criminal case in the Atlanta Public School System in 2015, leads the charge in this high-stakes legal battle.