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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsExperts Arguing That Trump Broke Georgia Law, Which He Cannot Self-Pardon For
Did President Donald Trump break the law in asking Georgia Secretary of State Brad Raffensperger (R) to find votes on his behalf in the 2020 election? It is just under 17 full days until President-elect Joe Biden gets sworn into office, but that is more than enough time for the incumbent to try and pardon himself (as some of his allies have urged him to do before).
The current dialogue about presidential selfpardon stretches back to even before the current administration. One thing is 100-percent clear, however: This federal pardon power does not touch state criminal offenses. That is definitely something to think about, as some legal experts are arguing that POTUSs phone call not only broke federal law, but also state law (it is unclear if there will actually be investigations of this conduct; other legal experts have said this would be hard to prosecute).
Law Professor Jed Shugerman of the Fordham University School of Law suggested that Trump arguably violated both versions of criminal solicitation of election fraud.Reminder: A presidential pardon has no effect on state criminal charges. Trump cannot pardon himself for the violation of Georgia state criminal law in his soliciting election felonies by Georgia state officials, as recorded in this phone call, Shugerman noted.
Professor Anthony Michael Kreis of the Georgia State University College of Law also maintained that Trump broke state law on soliciting election fraud. Kreis told Politico that Georgia law says anybody who solicits, requests or commands or otherwise attempts to encourage somebody to commit election fraud is guilty of solicitation of election fraud. Soliciting or requesting is the key language.
More at: https://lawandcrime.com/politics/experts-arguing-that-trump-might-have-broken-georgia-law-which-he-cannot-self-pardon-for/
Blue Owl
(50,435 posts)The Velveteen Ocelot
(115,748 posts)TreasonousBastard
(43,049 posts)A sharp defense lawyer would likely insist that he simply wanted to find valid, but missing, votes.
rzemanfl
(29,565 posts)His crime was solicitation of election fraud under Georgia law. No pardon would apply.
https://www.democraticunderground.com/100214802666
TreasonousBastard
(43,049 posts)being made about NY law) but my question is if he actually broke any law.
Yes, it's obvious he was pressuring Georgia to make him the winner one way or another, but did he specifically ask, or demand, they commit a criminal act?
rzemanfl
(29,565 posts)so he had to have known he was soliciting a crime to "find" votes. "Importune" is such an interesting word.
TreasonousBastard
(43,049 posts)rzemanfl
(29,565 posts)Except maybe for a Trumpster on a jury; who could hang it.
onenote
(42,715 posts)It is by no means an open and shut case (to the extent any case can be described as such). These are laws that are not often prosecuted and his rambling nonsensical hour long call is enough of a mess that a good lawyer could raise doubt as to his intent. I doubt any prosecutor would bring the case.
Put another way, the recording more clearly establishes that Trump is nuts than that he is guilt of a crime.
wishstar
(5,270 posts)after SOS had already told him his numbers were wrong and after the recounts and examinations and investigations have already confirmed SOS' numbers.
Trump accusing him and his lawyer of criminal actions that they would be sorry for if they didn't comply with Trump's request seems to be most definitely llegal coercion coming from such a powerful official as the Pres.
TreasonousBastard
(43,049 posts)not legal hairsplitting that counts.
UTUSN
(70,712 posts)Fiendish Thingy
(15,626 posts)Should Trump be removed or resign in the next two weeks.