In Georgia, lying to state officials about important matters within their jurisdiction can lead to prosecution. The recent indictment alleges that Donald Trump and his associates repeatedly engaged in this behavior during the election challenge. One notable instance is highlighted in Act 113 of the indictment, which involves a phone call between Trump and Georgia’s Secretary of State, Brad Raffensperger. Legal experts, including myself, have focused on this call due to the implied threat Trump made towards Raffensperger and his counsel. However, Prosecutor Fani Willis is more concerned with the falsehoods uttered during the call. When examining the list of Trump’s lies, they are not only false but also glaringly absurd. It was not a sophisticated attempt to overturn the election, but rather a reckless barrage of obvious lies.
The legal nuances that arise in this case are intriguing. While Willis still needs to establish intent – as the statute requires the falsification of material facts to be done “knowingly and willfully” – the evidentiary challenge is simpler compared to Smith’s federal case against Trump. To meet the requirements of federal law, Smith’s charges must demonstrate a connection between each individual Trump lie and a larger criminal scheme. On the other hand, Willis only needs to prove that Trump willfully lied about crucial facts to a government official within their jurisdiction. This is a significantly easier case to build.
Indeed, the lying allegations are also linked to broader claims of a criminal conspiracy and racketeering enterprise. However, as a prosecutor, I can begin with the simple foundation that Trump lied, thereby violating Georgia criminal law. Establishing this basic case lays the groundwork for the more significant racketeering charges that increase Trump’s legal jeopardy. Additionally, it is important to note that presidents cannot pardon state criminal convictions, and even Georgia’s governor does not possess the direct authority to excuse Trump for his crimes. This compounds the danger for Trump in this situation.
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