Brookings: Trump Faces’ Substantial’ Legal Risk in Georgia
The Brookings Institution, a widely respected center-right think tank in the United States, published a report in which a team of lawyers authored a detailed analysis of Donald Trump’s current criminal investigation in Fulton County, Georgia, regarding his criminal liability to overturn the state’s 2020 election results.
Any competent lawyer would tell twice impeached, disgraced former Donald J. Trump to shut his mouth and say nothing and would have begged him not to go to Georgia this past Friday and tell a lie after lie for 90 minutes.
Even before he arrived, Trump benefited from a 107-page Brookings Institution report written by seven legal analysts. The information was released a day before Trump was scheduled to attend a rally in Perry, Georgia, to promote a slate of state Republican candidates. It concluded that Trump’s post-election behavior puts him at “high danger of potential state prosecution based on numerous offenses.”
Much of the Brookings Institution report centers on the January 2 phone call between Trump and Secretary of State Brad Raffensperger, first reported by The Washington Post and The Atlanta Journal-Constitution. During that call, Trump badgered the GOP elections official to “find” enough votes to reverse his narrow defeat.
The Brookings report also outlines many other potential criminal infractions surrounding Trump’s push to invalidate the election. They include direct calls to Gov. Brian Kemp and state Attorney General Chris Carr and efforts by his attorney Rudy Giuliani to lobby state legislators to take extraordinary action.
Overall, the report concludes that the charges the former president faces could include…
- Criminal solicitation to commit election fraud
- Intentional interference with the performance of election duties
- Conspiracy to commit election fraud
- Racketeering and violations of more than a dozen other state statutes
The report says…
“Stated simply, soliciting and then threatening senior state officials to alter the outcome of a presidential election does not fall within any reasoned conception of the scope of presidential power.”
Among the seven lawyers who authored the report include Norman Eisen, President Barack Obama’s ethics czar, who later became a special counsel to House Democrats during Trump’s first impeachment trial; and Gwen Keyes Fleming, a former DeKalb County district attorney.
The Brookings report confirms that the Fulton County district attorney’s office conducted a 7-month criminal probe of Trump’s conduct related to Georgia’s elections may have been state felonies under Georgia law.
Fulton Country prosecutors have appeared before a grand jury seeking subpoenas for documents and witnesses; interviewed at least four of Raffensperger’s closest aides; hired the state’s leading authority on racketeering and conspiracy laws; and begun coordinating with members of Congress investigating the Jan. 6 insurrection at the U.S. Capitol, the Journal-Constitution previously reported.
A spokesman for Fulton County District Attorney Fani Willis said Thursday that the investigation is “active and ongoing” but declined to disclose additional details.
Trump and his advisers have dismissed the criminal investigation as politically motivated. Jason Miller said in a statement after the investigation was launched this spring…
“This is simply the Democrats’ latest attempt to score political points by continuing their witch hunt against President Trump, and everybody sees through it.”
The report is impressively comprehensive and includes the seven lawyers’ legal analyses of the legal defenses Trump’s lawyers could mount should the Fulton investigation eventually lead to the courtroom.
According to these seven legal experts report, the former president can’t be immune because…
“A candidate who believes he has won an election does not enjoy any legal warrant to commit possible crimes in furtherance of that belief.”
They also wrote that because…
“There is an extraordinary absence of any evidence suggestive of irregularity in any respect in the Georgia process.”
In an interview with the Journal-Constitution, Norman Eisen said the state’s responsibility to count the ballots cast by its citizens and certify the presidential election results is paramount over the desires of a political candidate — even that of a president.
“The president doesn’t have the right to overturn state elections to benefit himself. He doesn’t have any role in state elections.”
Eisen said he wouldn’t be surprised if Trump details his grievances about Georgia officials’ handling of the 2020 election during his appearance in Perry, Georgia, on Friday…
“His statements and those of his allies have unfortunately contained a great deal of false information and disinformation, and that’s another reason that it’s important to put the undisputed facts out there in great detail.”
Eisen also said, mentioning one of the reasons he and his colleagues produced the report.
The authors said that it isn’t their place to say what should happen to Trump beyond analyzing public facts and law. They strongly suggest, however, that prosecutors can build a potent case against the former president.
“There can be no doubt that prosecutors should take extra care and deliberation when considering charges against former public officials and those associated with them.”
“But if they were somehow exempt, or ultimately subject to different and lower standards of liability, that would betray the core ideas of American justice.”
Trump must be aware that the possible state criminal charges could also lead to similar and additional crimes as the 2020 election was also a federal election.
Norman Eisen was right, of course; Trump, during his 90-minute speech in Perry, Georgia, couldn’t keep his comments away from his unhappiness with his displeasure with the 2020 election, with a series of lying diatribes.
He also shows signs of diminished mental capacity, something he and his acolytes have pushed in describing President Biden.
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Trump's attacks on Georgia Governor Kemp and Secretary Brad Raffensperger led to him openly endorsing Stacy Abrahams, the likely Democratic candidate for Governor in 2022. This enraged many Republicans to the point where they spoke out to the press and took to Twitter to express their displeasure with Donald Trump and his lack of unity with the Georgia Republican Party.