The meandering nature of the phone call
Did Trump break the law by making that call? Well, yes, but don’t go getting any wild ideas that he’ll be charged.
“It seems to me like what he did clearly violates Georgia statutes,” said Leigh Ann Webster, an Atlanta criminal defense lawyer, citing a state law that makes it illegal for anyone who “solicits, requests, commands, importunes or otherwise attempts to cause the other person to engage” in election fraud.
Which is what he did; we heard him do it.
But the meandering nature of the phone call and the fact that the president made no apparent attempt to conceal his actions as other call participants listened could allow Mr. Trump to argue that he did not intend to break the law or to argue that he did not know that a federal law existed apparently prohibiting his actions.
The federal law would also most likely require that Mr. Trump knew that he was pushing Mr. Raffensperger to fraudulently change the vote count, meaning prosecutors would have to prove that Mr. Trump knew he was lying in asserting that he was confident he had won the election in Georgia.
Now here’s a place where Trump’s matchless stupidity shows its value. It’s a fabulous alibi! “I’m not guilty, because I had no idea it’s a crime to try to bully people into flipping an election.” We know he is that dumb.
Congressional Democrats suggested they would examine the legal implications of the call. Representative Jerrold Nadler, Democrat of New York and the chairman of the House Judiciary Committee, said the call raised new legal questions for Mr. Trump even if it was not a clear violation of the law.
“In threatening these officials with vague ‘criminal’ consequences, and in encouraging them to ‘find’ additional votes and hire investigators who ‘want to find answers,’ the president may have also subjected himself to additional criminal liability,” Mr. Nadler said in a statement.
17 days.
Trouble is, Trump has to find the luck to find himself hauled up before a judge who is dumber than he is. Bit of an ask, I would say.
If no prosecutors consider charges, no judge — smarter or dumber than DJT — will have a chance to consider the issues.
The whole call and transcript is now online here: https://www.washingtonpost.com/politics/trump-raffensperger-call-transcript-georgia-vote/2021/01/03/2768e0cc-4ddd-11eb-83e3-322644d82356_story.html
“Oh I’m sorry officer, I had no idea that there was a speed limit” – that’s all it takes to get out of a speeding ticket, presumably.
Whatever happened to, “Ignorance of the law is no excuse.?
In Trump’s case, ignorance of everything.
But didn’t you know? Trump has declared that, as president, the law does not apply to him. And if he says it, we must accept, because he self-identifies as a legal transcendent.
What trump does doesn’t surprise or scare me. I expect bad actors to act badly. What I am concerned about is whether law enforcement and the courts will do anything about him. And really, not just him. So far it’s not looking good for the public. it’s possible trump’s already been told, do what you want, you won’t get touched. if that’s the case, the game is over.
Actions don’t have to be surprising to be scary though.