By Stacy M. Brown, NNPA Newswire Senior National Correspondent
In a saga that seems to be spiraling into a legal quagmire, former President Donald Trump is once again teetering on the precipice of potential criminal charges as Atlanta-area prosecutor Fani Willis is set to present her case before a grand jury this week.
Several witnesses already have been called to testify in Willis’ investigation into Trump’s alleged attempt to overturn his 2020 election loss in Georgia.
And a conclusion seems only days away.
Various reports suggest that Willis’ penchant for employing the Racketeer Influenced and Corrupt Organizations Act (RICO) will play out against Trump.
In 1970, Congress enacted the RICO statute which broadened the scope of prospective prosecutions against participants in organized crime.
Under RICO, prosecutors can freeze the assets of suspects until the case’s outcome.
If the RICO charge is proven, it could lead to a maximum of 20 years in prison for each racketeering count.
A guilty defendant also loses all assets related to racketeering, including those connected to lawful businesses.
Additionally, a judge could impose financial penalties.
In 2022, Willis extolled RICO as a tool to convey the “whole story,” appreciating the intelligence and discernment of jurors who yearn for accurate judgments.
“The racketeering statute does not look simply at a single crime, it tries to look at the big picture of view,” Morgan Cloud, a law professor at Emory University, told CBS News.
To prove a RICO case, prosecutors must convince a jury that at least two of the racketeering activities are related in terms of method, purpose, or victims.
Cloud believes that the main goal of Trump 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 told the outlet.
To convict Trump, Willis must prove that he actively played a leading role, according to law professor Anthony Michael Kreis from Georgia State University.
Palm Beach County State Attorney Dave Aronberg said that if Trump were charged under RICO, he would have co-defendants, increasing the risk of someone turning against him.
“The Georgia RICO law is tougher than federal law in some ways, such as a five-year mandatory minimum prison sentence. That’s the kind of thing that will adjust some attitudes,” Aronberg told Newsweek.
Willis is about to share her findings.
Speculation suggests that around twelve people may be charged alongside Trump, who reportedly has started fundraising by portraying the potential charges as Democratic interference in the 2024 election.
Having already been convicted by a civil jury in a sexual assault case and three times indicted on criminal charges this year, the twice-impeached ex-president is currently bracing for a trial in Manhattan over allegations of business fraud tied to a 2016 hush money payment to cover up an alleged affair with an adult film actress.
He also faces federal charges in two separate investigations led by special counsel Jack Smith.
One investigation centered around mishandling classified documents in Florida.
The other is about subverting the 2020 election in Washington, DC.
Trump has fervently maintained his innocence throughout these legal entanglements.
What makes a potential conviction in Georgia worrisome for Trump even if he wins a second term, it may be harder for him to interfere with a trial and conviction in the Peach State.
Presidential powers, omnipotent on a federal stage, do not influence local matters.
“Not only would he not be able to pardon himself [if he’s re-elected], but the pardon process in Georgia means Gov. (Brian) Kemp would not be able to pardon him either,” former federal prosecutor Renato Mariotti told CNN.
“There’s a pardon board. So, it’s a more complicated process. He also would not be able to shut down the investigation in the same way,” Mariotti explained.
Cameras are allowed during court proceedings in Georgia, subject to judicial approval.
The Georgia Supreme Court, which expanded the law to cover smartphones, affirmed that “open courtrooms are an indispensable element of an effective and respected judicial system.”
Finally, the state mandates that charges be made public promptly, meaning any indictment would immediately face unsealing.
