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Notes -
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.
How are they not fake? Article II Section 1 Clause 2 of the US Constitution:
Now let’s see the manner the Georgia Legislature has directed electors be appointed. Georgia Code Title 21. Elections § 21-2-499. I won’t quote it here, but the Georgia Secretary of State counts the votes, and the governor certifies the electors for the candidate who got the most votes. The governor certified Joe Biden’s electors on November 20th.
When the Trump electors got together on December 14 and stated, “WE, THE UNDERSIGNED, being the duly elected and qualified Electors for President and Vice President of the United States of America from the State of Georgia, do hereby certify the following:” they LIED. They were not the duly elected and qualified electors. It was public knowledge that the duly elected and qualified electors had been chosen on November 20. Despite this, they mailed the “certification” to the US Government. They also identified the “certification” as being mailed per 3 USC 11, which pertains specifically to presidential elector certificates.
I’m really at a loss here. Do you have some metaphysical objection to the entire concept of “fake electors”? If Donald Trump personally spent the entire early voting period in Georgia driving around to various polling locations and voting in the name of dead people still on the rolls would you concede that he committed fraud to steal the election, or would you say he was just using all of his options to contest what he sees as an unfair process?
I think lying is probably the wrong word, as is fake. The people signing this document as far as I can tell we’re, at worst, an alternative slate of electors choosing to take this action because they believe the Georgia election was fraudulent in a way that falsely handed the win to Biden. The reason I object to the terms “lying” and “fake”, is that they assume the conclusion— they assume there was no fraud and thus anyone doing anything on the assumption of that fraud is lying. Keep in mind, Trumps claims never got any sort of hearing, most being summarily dismissed on standings issues. In other words, these guys are trying to rectify a situation where they believe the wrong results were certified and thus it might be dishonest, but I don’t see it as fake and they aren’t necessarily lying.
I think they are lying because even if there was fraud - which there wasn't - that still wouldn't make them the 'duly elected and qualified' electors, because the process for choosing those is clearly set out and they did not satisfy it. They weren't just saying we ought to be the electors, which would be fine and expected from someone who believed there was fraud, but that they were the electors, which is simply false from any perspective - or at least that's how I understand it.
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Isn't a really trivial analogy here a sovereign citizen making a false statement to a court about some procedural matter that he believes to be true due to his tortured interpretations of the law but is, as a matter of words and objets as the court would understand, false? Like (meh example) claiming they're a law enforcement officer when they aren't because they were deputized by themselves as a citizen or something.
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