For the legal experts: Is it possible for Jack Smith to take over the Georgia election fraud case?

[kentuck]

And make a Federal case out of it?

Would there be any advantage for him to do that?

The Grand Jury is expected to say that there is enough evidence to bring charges against Trump and several others involved in the Georgia fraud case.

Fani Willis is expected to bring several indictments.

[Johnny2X2X]

1. Not take over

The investigation in Gerogia is for violation of state law, if in the process they find violation of Federal law too, they could refer it to Federal prosecutors. So Smtih could end up prosecuting any Federal crimes Trump committed in Georgia.

But there's an advantage to have state crimes being prosecuted as they can't be pardoned by a President.

[kentuck]

2. Since it was a Federal election...

I would think the Feds could also prosecute in the case?

Also, it would seem that the fake electors would be better handled by the Feds.

But, if it is a state case, it is my understanding that Trump cannot get a pardon for those crimes.

[gab13by13]

4. You are spot on Kentuck,

remember back when the Michigan AG referred the fake elector scheme to the Feds because she saw a multi-state conspiracy. Sadly DOJ was busy with its pyramid strategy to get involved with Trump's inner circle.

[AZSkiffyGeek]

6. Your Neocon sources tell you that the DOJ was too busy?

Or did you just make that up on your own since you have no idea why things were done the way they were?

Any opportunity to blame Garland for not doing things you don't know about.

[gab13by13]

12. Deadline Whitehouse is not a neo-con source,

I listened to the Michigan AG in her own words, then many months later I listened to Lisa Monaco state that DOJ would "look into the referral. I then used mathematics to determine that Garland did not respond to the referral. If Garland had responded, Jack Smith wouldn't have needed to subpoena so many fake electors and documents now would he?

Sometimes the evidence is right out there in the open.

From CNN/Politics:

Michigan Attorney General Dana Nessel has re-opened her criminal investigation into fake electors who signed a certificate claiming former President Donald Trump won the state in the 2020 election when he did not, she said on Friday.

Nessel, a Democrat who previously referred the matter to federal prosecutors, told reporters that she is “a little worried” that more than a year has passed since she referred cases related to the false slates of electors to the Justice Department and believes there is “clear evidence” to support charges against the fake electors from Michigan.

“What we have seen from the January 6 committee is an overwhelming amount of evidence. I thought that there was already a substantial amount of evidence in that case. But now, there is just clear evidence to support charges against those 16 false electors, at least in our state,” Nessel said.

[AZSkiffyGeek]

13. Nicole Wallace is absolutely a neocon as much as you insist she isn't

Never heard of Dubya? Sarah Palin? Maybe do some research before quoting her so much. Never-Trump does not mean "Left wing" despite your insistence it does. Of course you've been told that for over a year now, but you still insist that she's the only one you get your info from, until you started quoting Thom Hartmann, who was on Putin's payroll for years.

And math is an interesting way to determine what people are doing. So you've just admitted that yes, you get your information from a neocons, and you have no idea what is going on.

[gab13by13]

15. Reading is also one of my qualities,

I posted a quote from Dana Nessel, did you read it? She opened up an investigation into the fake Michigan electors because a year had gone by and Garland did nothing. Did you read my post?

Wow, bashing Nicolle Wallace and Thom Hartmann is some serious shit, they are my go to sources.

Absolutely I can give my sources yet I haven't seen any of yours. The lady from Michigan who sent the fake elector criminal referral to the feds and then a year later had to open up her own investigation because Garland did nothing is information right from the horses mouth. Where do you get your information about Garland? The J6 committee members also agree with me.

[AZSkiffyGeek]

19. You spoke with a lady from Michigan who told you Garland wasn't doing anything?

Wow, you really are connected. Why aren't you on the talk shows sharing this insider information?

And I don't recall making any claims about what was or wasn't being done. That's been your MO since you've joined. And yet your sources are neocons and someone who was on Putin's payroll. Two facts that are very easily researched.
Why do you care about my opinion anyhow, you've made it clear to me that you believe I'm a MAGAT. That's what all Garland supporters are, aren't they? You've said that several times about your fellow DU'ers.

[Kid Berwyn]

25. You are spot-on, too, gab13by13.

That’s how it happened and that’s what Michigan AG Nessel said and did. This January, she reopened the state investigation when it seemed nothing was happening.

"Perhaps they are going to move forward, and I hope that they do. But I think that it is important that ... a couple years later, that there be some accountability. Let's be clear about what this was: It was an effort to overturn a lawful election. And I think that that type of activity can't go without any consequences."

Source: https://www.freep.com/story/news/politics/2023/01/06/nessel-gop-fake-electors-investigation/69785142007/

(I live in Michigan and still can read and remember.)

[inthewind21]

26. Exactly

And people wonder how we got here!

[Sedona]

7. About a pardon...

Pardons in Georgia are decided by a pardon board that is 50/50 Democrats and Republicans.

Awesome reporting in this podcast. Season 9.

Listen to Breakdown by The Atlanta Journal-Constitution on Audible. https://www.audible.com/pd/B08JJP7VT3?source_code=ASSOR150021221000N

[kentuck]

9. Thanks for that info.

[Ocelot II]

10. Federal elections are governed by individual state law per the Constitution.

And it's correct that if he's convicted in GA no future president could pardon him.

[Fiendish Thingy]

18. Smith is investigating the fraudulent electors scheme

What we don’t know is if he is also investigating Trump’s “perfect” phone call, although Raffensberger did testify to the Fed grand jury, IIRC.

[Sogo]

23. We have no Federal elections; we have 50 state elections

that all occur on the same day. It's called a "general election."

[NowISeetheLight]

22. Keep It State

That way a conviction can't be pardoned by a President.

[Sedona]

3. We don't want that to happen

Fauni Willis will try Trump before a Fulton County (blue) jury.

If it is goes to the United States Court for the Northern District of Georgia the case will pull jurors from all of North Georgia and that will include the ruby red counties surrounding Metro Atlanta like MTG's district.

Everything you need to know about the Fulton County action in this podcast. Season 9.

Listen to Breakdown by The Atlanta Journal-Constitution on Audible. https://www.audible.com/pd/B08JJP7VT3?source_code=ASSOR150021221000N

[gab13by13]

5. Hopefully so,

Trump will try to get the venue moved to a Magat federal courthouse.

[Ocelot II]

8. That won't work. The prosecution is under state law.

It was a federal election, but state law governs the procedures for federal elections. You don't get to federal court that way; it's not a "venue" but a jurisdiction - totally different concept. Venue is where, jurisdiction is how.

[gab13by13]

16. Who will decide?

Can it go to the Supreme Court?

[Ocelot II]

17. Not likely. There are only a few circumstances in which a state criminal case

can be removed to federal court, and this isn't one of them. 28 U.S. Code § 1443 says:

Any of the following civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the district court of the United States for the district and division embracing the place wherein it is pending:
(1)Against any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof;
(2)For any act under color of authority derived from any law providing for equal rights, or for refusing to do any act on the ground that it would be inconsistent with such law.

That is to say, if a state court refuses to recognize a defendant's civil rights in a criminal prosecution, the defendant can take the case to a federal court. This obviously isn't that kind of case.

[AZSkiffyGeek]

20. Why not ask the lady in Michigan?

I thought she was your source for this case.

[Hortensis]

14. Yes. The AJC's been all over this.

Can't imagine why we'd want him to. I'd love tRump in a GA prison, not that I doubt he'd be transferred to more illustrious federal quarters. And as said, presidents can't pardon state convictions.

[brush]

11. Fani Willis is very capable and the case is well along and proceeding.

The first grand jury found that crimes were likely committed, and this final grand jury is from a blue county, several witnesses have agreed to cooperate with the prosecution and target letters have been sent out.

Also if convicted, no republican president can pardon trump.

Leave it just where it is.

[ExWhoDoesntCare]

21. A chance of Smith pursuing a case isn't nil.

If he wanted, he could look into filing federal charges, because TFG and Lindsay Graham both called from outside the state to try to "find" new votes or see what could be done to get rid of votes for Biden. When you cross state lines to commit a crime, even if only by telephone, then that can become the basis for a federal case. Ask Phil Giordano about that one--The Feds strung him up for using an "interstate device" to arrange to traffic two little girls for sex.

https://www.middletownpress.com/news/article/Giordano-sentenced-to-37-years-11902855.php

So if he wanted to, Smith could open an investigation over the Georgia shenanigans (and may have done some prelim work on it, already).

However, he may be content to let Fani Willis do the heavy lifting first. He has enough on his plate already.

[madinmaryland]

24. That's funny you brought up the Giordano case. I lived in Waterbury several years before that

Happened. I lived there when Santopetro the previous mayor got busted for corruption. Was giordana did was sick and he deserves every day of those 37 years. Waterbury and Bridgeport were corrupt AF! I met the Bridgeport mayor (Joe Ganim) at a Christmas tree lighting a few months before he was busted.

Sorry the tangent to your post.