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 …
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For those asking why Trump shouldn't be prosecuted - which would require an aggressive, statute-bending reading of the law - start herehttps://www.nationalreview.com/2020/05/bridgegate-scandal-should-it-be-a-federal-crime/ …
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More in this vein https://www.nationalreview.com/2020/08/hatch-act-controversy-neither-party-ever-intends-to-enforce-against-their-own-side/ … https://www.nationalreview.com/corner/congress-should-repeal-logan-act/ … https://www.nationalreview.com/corner/barr-is-right-about-the-prosecution-power/ …https://www.nationalreview.com/2020/05/ending-the-flynn-false-statement-case-was-the-right-judgment/ …
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Replying to @baseballcrank
Except here, there's a few clear GA criminal statutes which seem to apply, as well as possible federal voting rights stuff. We're not talking about something vague like "honest services". So I don't think it's quite the same argument you'd have to make.
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Replying to @adambonin
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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Replying to @baseballcrank
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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Replying to @adambonin @baseballcrank
But the solicitation needs to be of one of the other Article 15 offenses (https://law.justia.com/codes/georgia/2019/title-21/chapter-2/article-15/ …); there are only a handful that could even plausibly be understood to reach the SoS (or certification of results more generally), and none that is on point, IMHO, really.
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Exactly. The solicitation statute doesn't even define "election fraud"
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