Graham Could Be in Hot Water

[DonViejo]

Speaking of people who could use a pardon right now, Sen. Lindsey Graham (R-SC) may have taken his enthusiasm for kowtowing to Donald Trump a bit too far. Michael J. Moore is currently in private practice, but he served as U.S. Attorney for the Middle District of Georgia for five years, and so he knows a thing or two about election law. And Moore has now filed a formal complaint with the Georgia State Board of Elections, asking them to look into Graham's mucking around in the Peach State's ballot counting.

Under the terms of Georgia law, it is a criminal offense when someone "solicits, requests, commands, importunes, or otherwise attempts to cause" another person to commit an election-related offense. It is also a criminal offense to interfere with the state secretary of state as they perform their election-related duties. And so, when Graham called Georgia Secretary of State Brad Raffensperger (R) and leaned on him to toss out multiple thousands of valid ballots, the Senator appears to have committed both offenses. He also unwisely chose to do so while several of Raffensperger's underlings were listening in. Those folks, who have already confirmed what happened, are what is known as "witnesses" (forgive the fancy legal terminology).

It short, Graham certainly appears to have been caught red-handed. His best hope is that Georgia authorities decline to pursue the matter. Failing that, he can shoot for a pardon, but he can't get one from Trump since it's a violation of state, and not federal, law. Gov. Brian Kemp (R-GA) might be persuaded to grant one, except that in Georgia, he doesn't have that power. Instead, it would be up to the five-member Georgia State Board of Pardons and Paroles, who are presumably less susceptible to political influence than a governor who will have to go before voters again in 2 years. Add it up, and the Senator might well need recommendations for a good lawyer. Which is, of course, something else Trump can't help him with. (Z)

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https://www.electoral-vote.com/evp2020/Pres/Maps/Dec04.html#item-3

[UpInArms]

1. One can always hope that Graham, a dreadful example of a human

Could have to reckon with reality

[trueblue2007]

48. graham is a crook

[brooklynite]

2. Nope. not a legal violation.

Graham, notwithstanding the fact that he's a Senator, has no influence on voting officials in Georgia. His suggestion had no more influence than a man on the street opinion.

[Eyeball_Kid]

11. I remember that the language of election interference includes the term, "entice" or enticement.

It doesn't take a hammer or a choke hold.

Graham DOES have more influence than a man on the street, as you noted in your exception. Graham's been carrying Donnie's water since McCain died. And everyone in Georgia knows that Graham is the guy who keeps Donnie's lap warm, and that when Donnie leans on people, he frequently does so through surrogates like Graham.

The Georgia AG can take his time in picking through the witness statements to find the language that best fits violations of the statute. But all of this depends on the intensity of animosity that the AG has toward Graham as an offender of his state's perceived sovereignty. So there MIGHT also be a history of Graham irritating the upper levels of Georgia government, and this incident leaves Graham with some degree of vulnerability. If the animus against Graham is there, then Lindsey may get a lot of negative press. On the extreme end, Graham may be the subject of a grand jury investigation. Donnie's antics have made "election integrity" into a major cause of concern, so let's follow the bouncing ball.

I also wonder if the new federal AG will consider what Graham did as a federal offense, and whether a flipped (hopefully) Senate will have something to say to Graham about his interference. What he did CAN be interpreted as a legal violation. It depends on who's in charge of interpreting.

[dixiegrrrrl]

42. the State Bar in So. Carolina should get a complaint also.

Assuming he is still a member.

[James48]

23. Yes, a felony.

If a man on the street asked him to do the same thing, it would be a felony for the man on the street.

Lock him up.

[dpibel]

29. The voice of authority!

I would certainly take your word for it over those posers quoted in post 14.

[Yeehah]

41. LOL

Just like billionaires have no influence on voting officials.

[bucolic_frolic]

3. "solicits, requests"

A broad net cast widely.

[Andy823]

4. If Graham needs a lawyer

I am sure he could get Rudy!

[OMGWTF]

36. Can Lindsey afford $20,000 a day for Ghouliani's legal services.

[AirmensMom]

5. Silly rabbit ...

If it's true that what he did was illegal, we all know the basic rule: IOKIYAR. If anything ever happens to that shit face, I will happily admit I was wrong while I celebrate.

[George II]

6. I love the sarcastic tone of some of the statements in that article!

Those folks, who have already confirmed what happened, are what is known as "witnesses" (forgive the fancy legal terminology).

...the Senator might well need recommendations for a good lawyer. Which is, of course, something else Trump can't help him with.

[jaxexpat]

7. Like a bright little bird flown onto my window feeder. Smiling in hope of many problems for Lindsey.

[mgardener]

8. Grahm

Is/ was a lawyer.
He was a JAG officer.

He should have known better.
Wonder why he did it.

[jimfields33]

9. He knows he'll get away with it

[Eyeball_Kid]

13. When Donnie leaves office, Graham loses his protection.

Whatever the new federal AG wants to do is an open question. Graham loves to pursue Democrats with accusations and embarrassments. We'll see if the "payback" principle applies.

[Silent3]

17. Would this be a violation of federal election law, or Georgia state election law?

If the latter, Trump can't pardon that.

[James48]

21. Both

[niyad]

10. Oxygen-deprived brain cells, due to having his head stuck up the murdering orange traitor's

ass? Onset of dementia? Or hubris?

[Oldem]

24. He's always been an attack dog.

He just chose the wrong master, who set him loose on anybody he could get his teeth into. Dementia? I don't think so. Hubris? Most probably. Mostly, though, I think it's that he's a first class SOB.

[VA_Jill]

26. IMNSHO

(and I think I know the signs, having lived with one for 35 years), Aunt Lindsey has been spending way too much time with his friend John Barleycorn. He has all the looks and actions of a "functional" alcoholic. Take a real good look at his face.

[niyad]

31. That one had not occurred to me. And it should have.

[karin_sj]

12. Compromat?

I've always thought that Trump/Putin must have something really bad they're holding over Lindsay's head. He went from being a vocal Trump critic to his most willing enabler and supporter. And oddly enough, he went from Trump critic to syncopate right after he went on a golfing outing with the orange monster...

[wnylib]

18. Kompromat or other kind of threat,

like bodily injury or death to Graham or people close to him. Thugs play hardball.

[ProfessorGAC]

27. He's Dirty Somehow

And trumpets have receipts.
He's on the take from somebody.

[wnylib]

35. Probably. Graham and Rudy likely

got caught in the same kind of ringer.

Rudy acts like a guy so compromised and owned that he uses alcohol and drugs to escape the reality of his life. Sometimes it almost looks like Rudy deliberately F's up as a passive aggressive act.

Graham seems able to function a little better as a puppet.

[Fla Dem]

14. Good article discussing repercussions for Lindsay if accused and found guilty

Lindsey Graham’s Alleged Attempt to Toss Georgia Ballots Is Felony Election Fraud
If he weren’t a senator, Graham might be facing years in prison, according to legal experts in Georgia.
By MARK JOSEPH STERN
NOV 19, 20204:55 PM

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To understand why Graham’s 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 doesn’t 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 would’ve 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.

Raffensperger did not follow through; instead, he blew the whistle. That doesn’t mean Graham is off the hook. Cathy Cox, the dean of Mercer University’s School of Law who previously served as Georgia’s secretary of state, told me that at least two other state laws encompass the senator’s alleged actions. The first bars “attempts to interfere with” an election official’s “performance of any act or duty.” By allegedly asking Raffensperger to falsify the vote count, Graham plainly sought to interfere with the secretary of state’s truthful certification of the election. The second law targets “criminal solicitation to commit election fraud.” An individual is guilty of this offense when he “solicits, requests, commands, importunes, or otherwise attempts to cause” another person to commit an election-related offense. Destroying ballots and falsifying voting records, Cox noted, both fall into that category. An individual is culpable regardless of whether they succeeded in inducing fraud

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Graham’s alleged request is unseemly and corrupt. But is it criminal? In short, yes, according to multiple Georgia election law experts. If Raffensperger’s 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 won’t face an investigation, let alone prosecution, for conduct that would get almost anyone else arrested. It might be tempting to dismiss Graham’s 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.

More>>>>>
https://slate.com/news-and-politics/2020/11/lindsey-graham-brad-raffensperger-georgia-election-fraud.html

[plimsoll]

37. The final graph had my thoughts before I read anything else

“Because he is a Republican.”

We can forget about any consequences. We need to face facts, the talk about the rule of law, but the think it applies to other.

[crickets]

45. I am so tired of the 'IOKIYAR' effect as well as those who use their federal office

as a shield against being held accountable for illegal conduct. Those holding congressional seats should be held to the same standard as the rest of us, if not a higher standard given their responsibility in drafting and passing law. Rather than just saying, "well what a shame nothing will come of it," it would be better to change the status quo. I dearly want someone to go after this jackass. There is no reason in the world GA election officials should have to put up with a US Senator who knows better, a Senator from another state calling up to meddle in this way. NONE.

I hope the hammer drops on Lindsey. Hard.

[Nitram]

15. Go, go, go!

[My Pet Orangutan]

16. 'what are known as "witnesses"'

[raccoon]

19. Somebody, hand me a Kleenex--I'm going to cry. Nt

[BobTheSubgenius]

20. I hope his "hot water" isn't just an overwarm bath.

I'm thinking about something more along the lines of Glenn Beck's frog.

[James48]

22. Lock him up!

Throw away the key

[DownriverDem]

25. Why is it

repubs pretty get away with everything? When will Americans wake up? Are they that stupid?

[Oldem]

28. Couldn't happen to a nicer guy.

[sandensea]

30. And not just the kind in the bath houses

[PCIntern]

32. That is very well-written!

[pandr32]

33. I hope there are legal consequences

Without them there would be no reason to uphold the oaths of office besides good character which seems to be in short supply with the many who have enabled Trump.

[ProudMNDemocrat]

34. Ole Londsey IS NOT a resident of Georgia....

So a pardon by Brian Kemp is moot.

Lindsey should have known that the consequences of his interference would be serious.

[Stinky The Clown]

38. An important phrase in all that: "Under the terms of Georgia law . . . ."

[Takket]

39. while he clearly committed a crime........ men like graham do not get charged for crimes like this..

if he was a black woman that helped her elderly mother sign her absentee ballot, he would be on his way to the hole for a 5 year sentence.

i know the prospect of graham being charged makes us all drool but georgia and its gop leadership are no way in hell going to move on a sitting GOP senator from another state.

[Cha]

40. Please Prevail, Justice!

[Dem2]

43. Currently watching "Hitler's Final Days"

Graham would become the henchman of a dictator in a heartbeat.

He's a very dangerous man.

If the punishment for his offense was the death penalty, I wouldn't feel awful not objecting to it.

[BigBearJohn]

44. I hear Ghoulianni might be available. Hair dye included. /nt

[trof]

46. I like 'importunes'.

Great word.

3rd person present: importunes
harass (someone) persistently for or to do something.
"reporters importuned him with pointed questions"
Similar:
beg
beseech
entreat
implore
plead with
appeal to
apply to
call on
supplicate
solicit
petition
enjoin
harass
pester
beset
press
dun
badger
bother
torment
plague
hound
nag
harry
go on at
harp on at
mither
hassle
bug
obsecrate
approach (someone) to request or offer sexual services, especially as a prostitute.
"the girl is charged with loitering in a public place with intent to solicit or importune another person"

[progressoid]

47. Nothing is going to happen to him.

[C Moon]

49. They're above the law. I'm not holding my breath. I haven't heard of anyone screaming to

go after these criminals. It will dry up, and we'll be doomed to repeat.