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Georgia's RICO statute is considered to be more expansive in scope than the federal code from which it is derived. In Georgia, prosecutors are able to point to a range of organized or related attempts to engage in predicate acts or predicate crimes, which include everything from violent crimes such as murder or arson, to false statements and obstruction of justice.

"The racketeering statute does not look simply at a single crime, it tries to look at the big picture of view," said Morgan Cloud, a law professor at Emory University. 

In order to prove racketeering took place, Cloud said 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. And in Trump's case, Cloud believes "the most important of those would be related in terms of goal or purpose, which 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. 

In order to convict under RICO, prosecutors have to prove beyond a reasonable doubt that there is an enterprise, which can range from a corporation to an informal group of individuals, who undertake criminal actions as part of a shared goal. That is why, if Trump is charged under RICO statutes,  he is likely not alone in being exposed to potential racketeering charges. In 2022, Willis' office sent letters to multiple Trump allies warning that they could face unspecified charges, including Trump's former attorney, Rudy Giuliani, and so-called "fake electors" -- supporters who submitted an illegitimate version of the state's Electoral College vote.

Cloud suggested several key events after the 2020 election could be considered "actions taken as part of that scheme" under Georgia's RICO statute. 

He pointed to three phone calls Trump made to Georgia officials encouraging them to find fraud, including a recorded call on January 2, 2021, between Trump and Georgia Republican Secretary of State Brad Raffensperger, during which Trump told Raffensperger, "I just want to find 11,780 votes" -- the number he would have needed to overtake then-President-elect Joe Biden in that state. 

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