Former President Donald Trump could go to jail if he finds that he has violated the law during an investigation into Georgia’s efforts to overthrow the election result.
Following an investigation by Secretary of State Brad Raffensperger’s office on Monday, Trump filed a complaint with Raffensperger’s office calling for him to “find” votes to reverse his loss.
Trump’s actions, according to legal experts, could violate three state laws, including an offense of committing electoral fraud, which can be tried as a crime or misdemeanor and which carries between one and three years in prison.
A charge of conspiracy in this regard may also be prosecuted as a criminal offense or misdemeanor, while a third misdemeanor misdemeanor is related to the “intentional interference” of another person in the “performance of election duties.”
Following the leaking of Trump’s call to Raffensperger on January 3, several complaints were filed.
John F. Banzhaf III, a law professor at George Washington University who filed one of the complaints, said Newsweek welcomed the investigation.
“Such a criminal investigation and, where appropriate, the initiation of criminal proceedings is and is necessary in the public interest,” he said. – I’m glad I could play a role.
Banzhaf’s complaint, which was thought of most thoroughly to Raffensperger’s office, states, “Many prominent and knowledgeable lawyers have concluded that Donald Trump has committed one or more crimes, including crimes, under Georgian law.”
However, Samuel Olens, a former Georgia attorney general, said Newsweek that although he personally believed that there was a “strong pattern of fact” with the charge of the solicitation, the burden of proving intent was probably too high to prosecute.
“The most likely state [not federal] Violation of OCGA 21-2-604. would be a stage of committing a crime to commit electoral fraud, “- he said.” If the intentional inducement, request, order or other attempt to commit such conduct of another person is found guilty, he or she shall be punished by imprisonment for a term of not less than one year and not more than three years.
“Accordingly, intent is a critical factor, a very heavy burden to be overcome. Although I personally believe that there is a strong factual pattern to the crime, I believe the prosecutor is unlikely to make such an indictment because the burden is such high.”
Jason Miller, Trump’s senior adviser, said in a statement: “There was nothing wrong or unwanted in the scheduled call between President Trump, Secretary Raffensperger and lawyers on both sides.