The crime is a felony offense

Whatcha gonna do when they come for you?

Fulton County District Attorney Fani Willis has opened a criminal investigation into Donald Trump’s attempt to interfere with Georgia’s election, the New York Times reported on Wednesday. While the former president faces potential criminal liability in several states, including New York, now that he has left office, the Georgia probe may pose the most immediate threat. All available evidence suggests that prosecutors are considering charges that amount to election fraud—a felony offense under Georgia law, and the very crime that Trump claimed he sought to stop.

The focus is on that call to Raffensperger.

As election law expert Rick Hasen noted at the time, there is no question that Trump was asking Raffensperger to manufacture enough votes to overturn the Georgia election on the basis of paranoid delusions. The former president’s call was thus not only corrupt, but very likely criminal. Under Georgia law, it is illegal to falsify any records used in connection with an election, or to place any false entries in such records. And any person who “solicits, requests, commands, importunes, or otherwise attempts to cause the other person” to falsify voting records is guilty of “criminal solicitation to commit election fraud in the first degree.” The crime is a felony offense, punishable by up to three years in prison (and no less than one year). An individual is culpable even if they failed to induce fraud.

Trump importuned. He importuned as hard as he could, complete with threats. Cleverly he did it over the phone, so that it could be recorded.

Willis noted in the retention request that the investigation includes potential violations of Georgia laws “prohibiting the solicitation of election fraud, the making of false statements to state and local governmental bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration.” This lengthy list of possible offenses indicates that the district attorney is focusing on the most obvious charge, solicitation of election fraud, but also looking at a broad range of criminal laws in building her case against Trump. In her letter to state officials, Willis described the Trump investigation as a “high priority” and said the case will go before a grand jury as early as March, with subpoenas to follow shortly thereafter.

This is good, and not just because I want to see Trump brought down with a crash, but because nobody should be able to do that with impunity, not even a vulgarian from Queens with a tiny tiny tiny vocabulary.

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