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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsQuestions for DU legal experts RE Georgia
Last edited Tue Mar 7, 2023, 02:16 AM - Edit history (1)
Georgia has passed a law which Governor Kemp will sign giving the legislature control over the prosecutors. One outcime could be to fire Fani Willis, end the investigation of Trump, and prevent indictment and trial of Trump.
Question: Can the feds take over this investigation?
The states set their own election laws. But is there a federal law that would apply to what Trump did in his phone call to tell Raffensperger to find Trump enough votes to win Georgia? Extortion? Intimidation of an election official? Attempt to overthrow an election?
Subornation since Trump tried to get Raffensperger to falsify election records?
It's clear that Georgia will not allow Willis to indict and try Trump. But her investigation will not be for nothing if the feds can charge and try Trump.
Is it possible?
dweller
(23,632 posts)But wasnt there a Texas case the feds stepped in to take over ?
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wnylib
(21,448 posts)I am not a legal person. That's why I'm asking DU's legal experts.
dweller
(23,632 posts)Asking the du legals that check in
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wnylib
(21,448 posts)TomSlick
(11,098 posts)The feds can "step-in" for a violation of federal law. The problem is, this is a very specialized area of law. I have no idea whether there is an applicable federal criminal statute. I think there could be a RICO-type offense but it's not my area.
I think the better question is whether the Georgia legislature violates the separation of powers when it interferes in prosecutions.
markodochartaigh
(1,138 posts)attorney general, Paxton, who has been under indictment since 2015? The feds recently stepped in.
https://apnews.com/article/politics-district-of-columbia-ken-paxton-texas-crime-e3cbc749a3e5ee1f75957df8a77401f4
dweller
(23,632 posts)But that may be it
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UTUSN
(70,687 posts)LetMyPeopleVote
(145,195 posts)Many of the issues identified can also be prosecuted by the DOJ.