By Dareh Gregorian (D-NBC), married to Maggie Haberman, NY Times hack.
Posted on 01/05/2021 7:54:07 AM PST by Oldeconomybuyer
President Donald Trump's phone call Saturday urging Georgia Secretary of State Brad Raffensperger to overturn the state's election results might have violated federal and state election laws, but it would be difficult to prosecute, legal experts said Monday.
The potential violation of federal election law centers on a provision that says it is a crime for a person "who in any election for federal office knowingly and willfully deprives, defrauds or attempts to deprive or defraud the residents of a state of a fair and impartially conducted election process."
But while some former prosecutors said that they believed the call should be investigated and that it is prosecutable, Matthew Sanderson, an election lawyer in Washington, D.C., said the criminal intent requirements would make a case difficult to prosecute.
Prosecutors, "would need to demonstrate he knows he lost the election," Sanderson said, adding, "I think that's a tough case to bring against an individual who seems pathologically unable to recognize his own loss."
"There's a lot of possible crimes," former prosecutor Joyce Vance said on MSNBC's "Morning Joe," adding that to her, a criminal case based on Georgia law "looks like a slam dunk."
Vance acknowledged that "these crimes all come down to the president's state of mind."
"Did he really believe he'd won the election and he was just seeking a fair count, or did he know what was really going on here?" she said.
But she added: "There's also this concept in the law of willful blindness, of someone who ignores the truth. So when the president repeatedly asks on this call for the specific number of votes he needs to win, [saying] I just need you to find me 11,780 votes, that's an indication that he's not seeking an election recount, that he's trying to steal an election.
(Excerpt) Read more at nbcnews.com ...
By Dareh Gregorian (D-NBC), married to Maggie Haberman, NY Times hack.
Liars lie about what our own ears and our own brain and logic are telling us.
this guy could be intelligent, but it would be difficult to prove...
Everthing these f’n democrats and their media do is illegal. None are ever punished.
This is going to take very serious and not the usual route to stop this.
Fort Sumter!
As usual, the legacy media are incapable of accurately reporting on any legal issue. They left out some pretty important parts of that statute. Here's the full text of that statute, 52 U.S.C. ยง 20511(2):
A person, including an election official, who in any election for Federal office- . . . (2) knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a State of a fair and impartially conducted election process, by- (A) the procurement or submission of voter registration applications that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held; or (B) the procurement, casting, or tabulation of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held,How do they figure Trump procured fraudulent registrations or tabulated fraudulent ballots? To paraphrase Scalia, Trump's call falls within the category of "Stupid, but Legal."shall be fined [etc...]
Stop with the insanity, corrupt fake news is now worthless.
Seems to me that what would be illegal would be the leaking of the call by Ratschittsberger. But hey, what do I know? :-)
Dershowitz said there was no crime
Stupid? Maybe.
But the Washington Post publicized the call and was pressured into publishing the entire call, which was very favorable to Trump and got the word about the election fraud in Georgia and other places out to over 10 million people if the YouTube views are accurate.
It’s not illegal so in a real courtroom it would be impossible to prosecute douchebag.
In the call which was not one on one, the team went through a list of irregularities found with public data and asked for the SOS private data that his office claims disputed their evidence. Trump was making the point numerous irregularities by themselves are larger than the margin of victory. He repeated these things at the Dalton rally. Why is the press not talking about the SOS approving the leak of this settlement call which he admitted in a FoxNews interview.
I think if the White House thought it was favorable to Trump, they would have leaked it themselves rather than trying to find a way to prosecute Raffensperger for leaking it.
Alan Dershowitz, a Dimmocommie, listened to the ENTIRE tape—not just a snippet Wapo took out of context—and said there was NOTHING wrong with anything Trump said.
Alan Dershowitz said he listened to the whole tape, and there was nothing in it that the President said that would qualify as being criminal.
One interesting bit of that call was the State Farm Ruby Freeman fiasco.
Trump gave a precise count of the forged ballots and stated with certainty the ballots were 100% for Biden.
This was a legal settlement conference regarding a high profile lawsuit so it's not the best place to make unsubstantiated claims.
FWIW, the Secret Service has legal jurisdiction over forgery and counterfeiting .
NBC is Comcast — telecom
I don’t know why settlement negotiations would be a worse forum than any other in which to make unsubstantiated claims. No one was under oath, statements made during settlement negotiations are generally inadmissible at trial under Rule 408 of both the Federal and Georgia Rules of Evidence, and most settlement agreements include a merger clause precluding claims of fraud based on statements made during negotiation.
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