HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » Slate "Lindsey Graham's A...

Thu Nov 19, 2020, 05:42 PM

Slate "Lindsey Graham's Alleged Attempt to Toss Georgia Ballots Is Felony Election Fraud"

If he weren’t a senator, Graham might be facing years in prison, according to legal experts in Georgia.

By MARK JOSEPH STERN
NOV 19, 20204:55 PM


https://slate.com/news-and-politics/2020/11/lindsey-graham-brad-raffensperger-georgia-election-fraud.html

Since narrowly losing Georgia to Joe Biden, President Donald Trump has promoted baseless claims of voter fraud in a desperate effort to overturn the results of the election. So far, however, the only individual credibly accused of a fraudulent effort to steal the election is South Carolina Sen. Lindsey Graham. On Monday, Georgia Secretary of State Brad Raffensperger—who, like Graham, is a Republican—told the Washington Post that Graham asked him if he could throw out all mail ballots from counties with a high rate of signature mismatch. Raffensperger later clarified that he believed Graham wanted his office to throw out valid, legally cast ballots. The senator has contested this account.

Graham’s alleged request is unseemly and corrupt. But is it criminal? In short, yes, according to multiple Georgia election law experts. If Raffensperger’s account is true, there is virtually no doubt that Graham committed a crime under Georgia law. The more difficult question is whether Graham will suffer any consequences for his alleged offense. Because he is a Republican and a sitting U.S. senator, Graham likely won’t face an investigation, let alone prosecution, for conduct that would get almost anyone else arrested. It might be tempting to dismiss Graham’s alleged interference as unscrupulous strategizing blown out of proportion. But Georgia has a sordid history of prosecuting putative voter fraud involving far more innocent conduct. Graham does not deserve a pass simply because he is a wealthy white senator.

To understand why Graham’s alleged conduct was criminal, we have to look at what, exactly, he asked Raffensperger to do. He says Graham wanted him to toss out thousands of perfectly valid mail ballots, omitting them from the official count, because they were mailed from a county with unusually high rates of signature mismatch. (That means the signature on the ballot envelope doesn’t match the signature on file.) Signature mismatch disproportionately affects racial minorities, who lean Democratic overall, and Georgia is required to let voters cure a mismatched signature under a federal court order.

Had Raffensperger followed through with this request, he would’ve run afoul of several state laws. In Georgia, it is a crime for anyone, including election officials, to destroy a ballot. It is also a crime for anyone to falsify any records or documents used in connection with an election, or to place any false entries in such records. Another law explicitly criminalizes such conduct by elected officials, prohibiting the falsification of any document related to their public office.

snip

Republicans are not always so lenient toward those accused of election-related crimes. In 2012, a GOP district attorney charged Olivia Pearson, a Black woman, with voter fraud after she helped someone use a voting machine. She was acquitted after two trials, avoiding a five-year prison sentence. In October, she was arrested again for trying to help someone else cast their vote. State officials have also launched an ongoing investigation into voter fraud with the intention of prosecuting individuals who made mistakes that did not affect the outcome of any election. Graham’s phone call with Raffensperger might seem like a relatively minor offense. But if he weren’t a white Republican senator, he may well be facing years in prison.

33 replies, 4679 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 33 replies Author Time Post
Reply Slate "Lindsey Graham's Alleged Attempt to Toss Georgia Ballots Is Felony Election Fraud" (Original post)
NRaleighLiberal Nov 19 OP
grobertj Nov 19 #1
Squinch Nov 19 #2
TheBlackAdder Nov 20 #29
NurseJackie Nov 20 #31
bullimiami Nov 19 #3
Hermit-The-Prog Nov 19 #7
DanieRains Nov 19 #10
Hermit-The-Prog Nov 19 #13
James48 Nov 19 #20
Hermit-The-Prog Nov 19 #21
elleng Nov 19 #4
ecstatic Nov 19 #5
Hermit-The-Prog Nov 19 #6
catrose Nov 19 #8
klook Nov 19 #15
DanieRains Nov 19 #9
Mr.Bill Nov 19 #12
rdking647 Nov 19 #11
warmfeet Nov 19 #14
rickyhall Nov 19 #16
Illumination Nov 19 #17
Evolve Dammit Nov 19 #18
James48 Nov 19 #19
BComplex Nov 20 #28
amywalk Nov 19 #22
Karadeniz Nov 19 #23
Kablooie Nov 19 #24
dchill Nov 19 #25
Kid Berwyn Nov 19 #26
UTUSN Nov 19 #27
Tommymac Nov 20 #30
mdbl Monday #32
triron Monday #33

Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 05:44 PM

1. Indict his ass!!!

Reply to this post

Back to top Alert abuse Link here Permalink


Response to grobertj (Reply #1)

Thu Nov 19, 2020, 05:48 PM

2. On January 22.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to grobertj (Reply #1)

Fri Nov 20, 2020, 12:08 PM

29. Can't he be indicted by GA now, since this would also be a State crime, and not just a Federal one?

Reply to this post

Back to top Alert abuse Link here Permalink


Response to grobertj (Reply #1)

Fri Nov 20, 2020, 04:16 PM

31. Yes... or something.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 05:50 PM

3. Senators speech is only protected in the chamber, I thought.

The new AG needs to have a close look.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to bullimiami (Reply #3)

Thu Nov 19, 2020, 06:36 PM

7. U.S. Constitution, Article I, Section 6 ...

https://www.law.cornell.edu/constitution/articlei#section6
Article I, Section 6
The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.


( Emphasis added )

Lindsey Graham was not in attendance, going to or returning from same, nor making a speech or debating in the Senate when he attempted election fraud.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Hermit-The-Prog (Reply #7)

Thu Nov 19, 2020, 07:12 PM

10. Felony

Arrest him.

Says right there.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to DanieRains (Reply #10)

Thu Nov 19, 2020, 07:34 PM

13. It indicates he's not privileged from arrest in this. For felony, see prosecutor. or ...

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Hermit-The-Prog (Reply #13)

Thu Nov 19, 2020, 08:18 PM

20. No- this one.

18 U.S. Code § 595

Reply to this post

Back to top Alert abuse Link here Permalink



Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 05:53 PM

4. Oh F-K, and 'thanks,'

as my daughter woke me with this question: 'How can he be impeached?' I DUHed a bit, cause didn't know which of the many criminals she was referring to.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 05:58 PM

5. Is there a statute of limitations? I want him prosecuted!

Who exactly would be responsible for filing the charges? Georgia's AG? Fulton County's AG? South Carolina's AG? The FBI? The GBI? Who, damn it?!

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 06:29 PM

6. Russiapublicans scream about voter fraud to distract from their commission of election fraud.

Leningrad Lindsey should be investigated to see if he did to South Carolina voters what he tried to get Raffensperger to do to Georgia voters.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Hermit-The-Prog (Reply #6)

Thu Nov 19, 2020, 07:00 PM

8. Exactly!

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Hermit-The-Prog (Reply #6)

Thu Nov 19, 2020, 07:43 PM

15. Correct. Voter fraud (which we don't do) would be penny-ante stuff.

When they do fraud (which is every election), Republicans like to go big.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 07:11 PM

9. People Like Lindsey Graham Can Commit All The Crime They Want

They are not the prison type.

Powerful white folks don't sit in prison regardless what crimes they commit.

See Paul Manafort. See Roger Stone.

I am sure Kemp committed crimes too.

Maybe in 100 years this can change.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to DanieRains (Reply #9)

Thu Nov 19, 2020, 07:33 PM

12. Or maybe on January 21st it can change. n/t

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 07:31 PM

11. arrest him

and if the state of georgia wont one of bidens first acts should be to have him placed in cuffs.
can you imaging a perp walk with him....

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 07:35 PM

14. He won't even get a tiny slap on his wrist.

He is well protected as long as he does not spill the beans.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 07:46 PM

16. All Republicans who aren't criminals please stand up. Just what I thought...

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 07:47 PM

17. In my mind, I could picture old two faced Lindsey in prison! I think he would fit right in

rather nicely. He could learn a new trade like making license plates! He might even enjoy it!...

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 07:47 PM

18. Lock Leningrad Lindsey Up! "Patriot" my ass. "Traitor" is closer to who he is.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 08:15 PM

19. Under Federal Law- it's a crime.

I want the FBI to investigate, and the DOJ to prosecute.

18 U.S. Code § 595. Interference by administrative employees of Federal, State, or Territorial Governments
U.S. Code



Whoever, being a person employed in any administrative position by the United States, or by any department or agency thereof, or by the District of Columbia or any agency or instrumentality thereof, or by any State, Territory, or Possession of the United States, or any political subdivision, municipality, or agency thereof, or agency of such political subdivision or municipality (including any corporation owned or controlled by any State, Territory, or Possession of the United States or by any such political subdivision, municipality, or agency), in connection with any activity which is financed in whole or in part by loans or grants made by the United States, or any department or agency thereof, uses his official authority for the purpose of interfering with, or affecting, the nomination or the election of any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, shall be fined under this title or imprisoned not more than one year, or both

Reply to this post

Back to top Alert abuse Link here Permalink


Response to James48 (Reply #19)

Fri Nov 20, 2020, 12:07 PM

28. Could any Georgia voter that could have been affected by this have standing in a lawsuit? Stacey

Abrams, for instance?

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 08:24 PM

22. Is there a good reason he can't be investigated right now? #LockHimUp

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 08:25 PM

23. Was it Menendez who was indicted and tried a few years ago?

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 08:32 PM

24. He's a Republican politician, therefore Federal law does not apply to him. He gets a pass.

If he were a Democrat they'd throw the book at him but Republicans are not allowed to be prosecuted for any crime with the aim of keeping Republicans in power.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 08:42 PM

25. It would be great if someone would make a bigger deal out of it.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 09:53 PM

26. Part of a bigger conspiracy.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Thu Nov 19, 2020, 10:14 PM

27. K&R

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Fri Nov 20, 2020, 01:19 PM

30. Lindsey Graham types are why I left the South

Too many privileged white racist hypocrites in all fields of work. And the majority of the regular folks defer to them.

Perhaps in 25 years things will be different, but I wanted to live MY life in a Blue State where I am treated as a human being not chattel.

Southern Man you have failed.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Mon Nov 23, 2020, 09:35 AM

32. Let the prosecution begin

I am so sick of obstructionist idiots like lindsey graham. How dare he try and invalidate my vote.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NRaleighLiberal (Original post)

Mon Nov 23, 2020, 09:41 AM

33. Weissman seems to think so.

Reply to this post

Back to top Alert abuse Link here Permalink

Reply to this thread