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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSlate "Lindsey Graham's Alleged Attempt to Toss Georgia Ballots Is Felony Election Fraud"
If he werent a senator, Graham might be facing years in prison, according to legal experts in Georgia.
By MARK JOSEPH STERN
NOV 19, 20204:55 PM
https://slate.com/news-and-politics/2020/11/lindsey-graham-brad-raffensperger-georgia-election-fraud.html
Since narrowly losing Georgia to Joe Biden, President Donald Trump has promoted baseless claims of voter fraud in a desperate effort to overturn the results of the election. So far, however, the only individual credibly accused of a fraudulent effort to steal the election is South Carolina Sen. Lindsey Graham. On Monday, Georgia Secretary of State Brad Raffenspergerwho, like Graham, is a Republicantold the Washington Post that Graham asked him if he could throw out all mail ballots from counties with a high rate of signature mismatch. Raffensperger later clarified that he believed Graham wanted his office to throw out valid, legally cast ballots. The senator has contested this account.
Grahams alleged request is unseemly and corrupt. But is it criminal? In short, yes, according to multiple Georgia election law experts. If Raffenspergers account is true, there is virtually no doubt that Graham committed a crime under Georgia law. The more difficult question is whether Graham will suffer any consequences for his alleged offense. Because he is a Republican and a sitting U.S. senator, Graham likely wont face an investigation, let alone prosecution, for conduct that would get almost anyone else arrested. It might be tempting to dismiss Grahams alleged interference as unscrupulous strategizing blown out of proportion. But Georgia has a sordid history of prosecuting putative voter fraud involving far more innocent conduct. Graham does not deserve a pass simply because he is a wealthy white senator.
To understand why Grahams alleged conduct was criminal, we have to look at what, exactly, he asked Raffensperger to do. He says Graham wanted him to toss out thousands of perfectly valid mail ballots, omitting them from the official count, because they were mailed from a county with unusually high rates of signature mismatch. (That means the signature on the ballot envelope doesnt match the signature on file.) Signature mismatch disproportionately affects racial minorities, who lean Democratic overall, and Georgia is required to let voters cure a mismatched signature under a federal court order.
Had Raffensperger followed through with this request, he wouldve run afoul of several state laws. In Georgia, it is a crime for anyone, including election officials, to destroy a ballot. It is also a crime for anyone to falsify any records or documents used in connection with an election, or to place any false entries in such records. Another law explicitly criminalizes such conduct by elected officials, prohibiting the falsification of any document related to their public office.
snip
Republicans are not always so lenient toward those accused of election-related crimes. In 2012, a GOP district attorney charged Olivia Pearson, a Black woman, with voter fraud after she helped someone use a voting machine. She was acquitted after two trials, avoiding a five-year prison sentence. In October, she was arrested again for trying to help someone else cast their vote. State officials have also launched an ongoing investigation into voter fraud with the intention of prosecuting individuals who made mistakes that did not affect the outcome of any election. Grahams phone call with Raffensperger might seem like a relatively minor offense. But if he werent a white Republican senator, he may well be facing years in prison.
grobertj
(187 posts)Squinch
(50,946 posts)TheBlackAdder
(28,183 posts)NurseJackie
(42,862 posts)bullimiami
(13,084 posts)The new AG needs to have a close look.
Hermit-The-Prog
(33,321 posts)https://www.law.cornell.edu/constitution/articlei#section6
Article I, Section 6The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.
( Emphasis added )
Lindsey Graham was not in attendance, going to or returning from same, nor making a speech or debating in the Senate when he attempted election fraud.
DanieRains
(4,619 posts)Arrest him.
Says right there.
Hermit-The-Prog
(33,321 posts)James48
(4,435 posts)18 U.S. Code § 595
Hermit-The-Prog
(33,321 posts)elleng
(130,864 posts)as my daughter woke me with this question: 'How can he be impeached?' I DUHed a bit, cause didn't know which of the many criminals she was referring to.
ecstatic
(32,681 posts)Who exactly would be responsible for filing the charges? Georgia's AG? Fulton County's AG? South Carolina's AG? The FBI? The GBI? Who, damn it?!
Hermit-The-Prog
(33,321 posts)Leningrad Lindsey should be investigated to see if he did to South Carolina voters what he tried to get Raffensperger to do to Georgia voters.
catrose
(5,065 posts)klook
(12,154 posts)When they do fraud (which is every election), Republicans like to go big.
DanieRains
(4,619 posts)They are not the prison type.
Powerful white folks don't sit in prison regardless what crimes they commit.
See Paul Manafort. See Roger Stone.
I am sure Kemp committed crimes too.
Maybe in 100 years this can change.
Mr.Bill
(24,280 posts)rdking647
(5,113 posts)and if the state of georgia wont one of bidens first acts should be to have him placed in cuffs.
can you imaging a perp walk with him....
warmfeet
(3,321 posts)He is well protected as long as he does not spill the beans.
rickyhall
(4,889 posts)Illumination
(2,458 posts)rather nicely. He could learn a new trade like making license plates! He might even enjoy it!...
Evolve Dammit
(16,723 posts)James48
(4,435 posts)I want the FBI to investigate, and the DOJ to prosecute.
18 U.S. Code § 595. Interference by administrative employees of Federal, State, or Territorial Governments
U.S. Code
Whoever, being a person employed in any administrative position by the United States, or by any department or agency thereof, or by the District of Columbia or any agency or instrumentality thereof, or by any State, Territory, or Possession of the United States, or any political subdivision, municipality, or agency thereof, or agency of such political subdivision or municipality (including any corporation owned or controlled by any State, Territory, or Possession of the United States or by any such political subdivision, municipality, or agency), in connection with any activity which is financed in whole or in part by loans or grants made by the United States, or any department or agency thereof, uses his official authority for the purpose of interfering with, or affecting, the nomination or the election of any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, shall be fined under this title or imprisoned not more than one year, or both
BComplex
(8,035 posts)Abrams, for instance?
amywalk
(254 posts)Karadeniz
(22,499 posts)Kablooie
(18,625 posts)If he were a Democrat they'd throw the book at him but Republicans are not allowed to be prosecuted for any crime with the aim of keeping Republicans in power.
dchill
(38,471 posts)Kid Berwyn
(14,876 posts)Lindsey, Donald, Mitch, Putin...all answer to Mr. Big.
https://prospect.org/justice/five-ways-william-barr-is-turning-america-into-a-dictatorship/
UTUSN
(70,681 posts)Tommymac
(7,263 posts)Too many privileged white racist hypocrites in all fields of work. And the majority of the regular folks defer to them.
Perhaps in 25 years things will be different, but I wanted to live MY life in a Blue State where I am treated as a human being not chattel.
Southern Man you have failed.
mdbl
(4,973 posts)I am so sick of obstructionist idiots like lindsey graham. How dare he try and invalidate my vote.