Questions for DU legal experts RE Georgia

Last edited Tue Mar 7, 2023, 02:16 AM - Edit history (1)

Georgia has passed a law which Governor Kemp will sign giving the legislature control over the prosecutors. One outcime could be to fire Fani Willis, end the investigation of Trump, and prevent indictment and trial of Trump.

Question: Can the feds take over this investigation?

The states set their own election laws. But is there a federal law that would apply to what Trump did in his phone call to tell Raffensperger to find Trump enough votes to win Georgia? Extortion? Intimidation of an election official? Attempt to overthrow an election?

Subornation since Trump tried to get Raffensperger to falsify election records?

It's clear that Georgia will not allow Willis to indict and try Trump. But her investigation will not be for nothing if the feds can charge and try Trump.

Is it possible?

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9 replies	Author	Time	Post
Questions for DU legal experts RE Georgia (Original post)	wnylib	Mar 2023	OP
I'm racking my gray cells trying to recall	dweller	Mar 2023	#1
I don't know. Don't remember hearing about it.	wnylib	Mar 2023	#2
I'm more or less	dweller	Mar 2023	#3
OK. But none of them seem to be checking in yet.	wnylib	Mar 2023	#4
Because the answer is unclear.	TomSlick	Mar 2023	#6
Are you thinking of the Texas	markodochartaigh	Mar 2023	#8
I'm thinking earlier ...	dweller	Mar 2023	#9
K& Big R #5	UTUSN	Mar 2023	#5
The issues in the Georgia case may well fit into a J6 prosecution of TFG	LetMyPeopleVote	Mar 2023	#7

Response to wnylib (Original post)

Tue Mar 7, 2023, 12:06 AM

dweller (22,478 posts)

1. I'm racking my gray cells trying to recall

But wasn’t there a Texas case the feds stepped in to take over ?

🤔

✌🏻

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Response to dweller (Reply #1)

Tue Mar 7, 2023, 12:11 AM

wnylib (18,283 posts)

2. I don't know. Don't remember hearing about it.

I am not a legal person. That's why I'm asking DU's legal experts.

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Response to wnylib (Reply #2)

Tue Mar 7, 2023, 12:16 AM

dweller (22,478 posts)

3. I'm more or less

Asking the du legals that check in …

✌🏻

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Response to wnylib (Reply #2)

Tue Mar 7, 2023, 12:22 AM

wnylib (18,283 posts)

4. OK. But none of them seem to be checking in yet.

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Response to wnylib (Reply #4)

Tue Mar 7, 2023, 12:42 AM

TomSlick (10,395 posts)

6. Because the answer is unclear.

The feds can "step-in" for a violation of federal law. The problem is, this is a very specialized area of law. I have no idea whether there is an applicable federal criminal statute. I think there could be a RICO-type offense but it's not my area.

I think the better question is whether the Georgia legislature violates the separation of powers when it interferes in prosecutions.

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Response to dweller (Reply #1)

Tue Mar 7, 2023, 03:07 AM

markodochartaigh (655 posts)