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Trump has been indicted (again), this time in Georgia, under RICO charges. The charges against him and a large number of co-conspirators relate to efforts to overturn the 2020 election. Full indictment here.
We've seen a range of charges laid against Trump in varying jurisdictions, and I think it's fair to say the cases have varying strength. These new charges seem to me to be on the strong end of the spectrum.
Helpfully, the indictment is painfully clear at every point as to what particular acts constitute which particular crimes or elements of crimes. This makes it a lot easier to assess for an uneducated layman like me. On at least some of the charges, it would appear that he's deeply screwed. E.g. "Solicitation of Violation of Oath by Public Officer" seems to be open and shut, and carries a minimum 1 year sentence. He also has no capacity to pardon himself if he is elected President, as these are not federal charges.
As far as I can tell Trump's only hope to escape conviction here is jury nullification.
What I find infuriating about this discussion is how often the term "fake electors" is used. If the electors were "fake" and the electors commited "fraud", can anyone provide me with a count of how many of the fake electors' votes were mistakenly recorded in the Senate? Oh, none? Amazing! Well, what kind of detective work went into distinguishing the fake votes from the real votes? Was the Secret Service called in for their expertise in detecting counterfeit money?
Obviously the accurate term should be "contingent electors", in the sense that these would have been the correct electors if Trump prevailed in his various lawsuits. It's easy to imagine that in the case where he was able to establish fraud and the court determined that he had won the election, they wouldn't want the process to get held up by the need to quickly get some electors together to cast their votes and mail them to Washington, DC. The Georgia "fake slate" is dated December 14, so there would not have been much time to get these votes recorded if they had had to wait for all litigation to be resolved.
There's such egregious question-begging going on by calling them "fake electors", it makes me crazy how little pushback I have seen regarding this term.
I think the idea is that they were in a conspiracy to commit fraud, one is still guilty even if one fails. But more importantly, the fraud laws I have seen always require deception. In what way were these "fake" electors trying to deceive anyone?
The Georgia indictment includes a charge of Conspiracy to Defraud the State, but it doesn't directly relate to the false elector scheme. It relates to the plan to steal voter data.
Deception is not an element of the relevant offence, found in OCGA 16-10-21:
A person commits the offense of conspiracy to defraud the state when he conspires or agrees with another to commit theft of any property which belongs to the state or to any agency thereof or which is under the control or possession of a state officer or employee in his official capacity. The crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been committed, regardless of whether the theft is consummated. A person convicted of the offense of conspiracy to defraud the state shall be punished by imprisonment for not less than one nor more than five years.
You're probably thinking of last week's indictment. That does have fraud charges relating to the false elector scheme. I don't think deception is an element of those offences either, but I haven't gone back to check.
I can't imagine a definition of fraud that wouldn't involve some kind of deception. Merriam-Webster:
I literally just quoted a legal definition that does not include deceit. If you can't imagine it after having it placed right in front of your eyes, that's a truly profound failure of imagination.
Technically I said fraud not defraud, so that makes me the best kind of correct. Here is the relevant Georgia law, since you are a big fan.
That said, as humorous as you are, you are still wrong. What do you think is involved in the theft? Let's use our imaginations and imagine that Donald Trump says to the official who controls election data, "hey, it's me, Donald Trump, your favorite president. Way better than Carter, obviously. Anyway, I suspect there was fraud in your state, so I need access to your voter data, please send it to me by December 1st." If the official then sends Trump the election data, do you think he would be guilty of theft?
I'm going to skip the part where you answer. The only way Trump and his allies "defrauded the state" in the case at hand is if they falsely claimed that they had the right to voter data.
I guess if they tried to hack the polls or something.
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