- Joined
- Oct 22, 2002
- Messages
- 42,206
- Location
- Frozen in Michigan
- Gender
- Old Fart
- Basic Beliefs
- Don't be a dick.
It looks as if he committed a crime but some experts don't believe he will be prosecuted.
https://www.nytimes.com/2021/01/03/us/politics/trump-call-georgia.html?action=click&module=Top%20Stories&pgtype=Homepage
The call by President Trump on Saturday to Georgia’s secretary of state raised the prospect that Mr. Trump may have violated laws that prohibit interference in federal or state elections, but lawyers said on Sunday that it would be difficult to pursue such a charge.
The recording of the conversation between Mr. Trump and Secretary of State Brad Raffensperger of Georgia, first reported by The Washington Post, led a number of election and criminal defense lawyers to conclude that by pressuring Mr. Raffensperger to “find” the votes he would need to reverse the election outcome in the state, Mr. Trump either broke the law or came close to it.
“It seems to me like what he did clearly violates Georgia statutes,” said Leigh Ann Webster, an Atlanta criminal defense lawyer, citing a state law that makes it illegal for anyone who “solicits, requests, commands, importunes or otherwise attempts to cause the other person to engage” in election fraud.
At the federal level, anyone who “knowingly and willfully deprives, defrauds or attempts to deprive or defraud the residents of a state of a fair and impartially conducted election process” is breaking the law.
That is because while Mr. Trump clearly implied that Mr. Raffensperger might suffer legal consequences if he did not find additional votes for the president in Georgia, Mr. Trump stopped short of saying he would deliver on the threat himself against Mr. Raffensperger and his legal counsel, Ryan Germany, Mr. Sanderson said.
In some ways, Trump isn't as dumb as he seems to be. He's always had a way of saying things that can be interpreted in different ways. So, while the implication was that he was threatening Raffensperger, it wasn't a direct threat.
In this case, he made it seem as if he seriously believes that he won the Georgia election, and was just asking the SOS to do the right thing because if he doesn't do what Trump claims is the right thing, there may be legal consequences. I can see how that might make it hard to charge or prosecute him, as he didn't make a direct threat.
On the other hand, I just heard that the Georgia DOJ wants to consider if anything that Trump said on the call was enough to charge him with a state crime.
I just hope we can get through the next 16 days without Trump doing a lot more serious damage.
Remember his lawyer/consigliere said in his congressional testimony this is exactly how he speaks to get questionable things done.