No, Trump shouldn't be prosecuted for this sort of thing, but I confess that it would be pretty funny if he got indicted by the Fulton County DA & needed to ask Brian Kemp to pardon himhttps://www.politico.com/news/2021/01/04/raffensperger-trump-investigation-call-454478 …
Make your case. Assume that Trump truly believes that his election was stolen by fraudulent votes. What clear, unambiguous statute has been applied consistently to prohibit him from doing this?
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I think the criminal solicitation of electoral fraud statute is where I'd start - https://law.justia.com/codes/georgia/2019/title-21/chapter-2/article-15/section-21-2-604/ … - with said mens rea being plausibly disproven by "I just want to find 11,780 votes" + "there’s nothing wrong with saying that, you know, that you’ve recalculated."
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So, you would conclude that *even if Trump believes that he is only asking to throw out fraudulent votes* you would apply strict liability & find that supported by Georgia precedent?
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