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August 16, 2023

Tristan Justice at THE FEDERALIST offers a run-down of the “conspiratorial” acts offered by the Fulton County DA in this beyond-crazy indictment.  Fulton County DA Fani Willis is using her interpretation of “conspiracy” laws to charge as felonies acts that would normally be...well, normal.  In charging both Trump and his associates, she has criminalized such typical activities as…

requesting phone numbers

encouraging voters to watch TV election coverage

encouraging voters to call their members of Congress

reserving a room at the Georgia Capitol for alternate presidential electors

calling on state leaders to ensure signature verification

encouraging an “indicted co-conspirator” to attend a House committee meeting on election fraud

encourage a special legislative session of a state assembly

place two phone calls to the president tempore of the Georgia State Senate

These actions typically would not be seen as anything but innocent, but all DA Willis has to do is allege a “criminal conspiracy” --- which rests on assumptions she can’t possibly know, such as Trump’s state of mind --- and everything Trump and his associates did is automatically seen as being done in furtherance of that conspiracy.  EVERYTHING.

That’s not gonna fly.  Mark Meadows has already filed a motion that could work in favor of all the “co-conspirators” accused of furthering the “conspiracy.”  His motion calls for moving the charges out of Georgia and into a federal court.

“The conduct giving rise to the charges in the indictment all occurred during his tenure and as part of his service as Chief of Staff,” the motion reads, going on to say that federal law calls for prompt removal of a criminal prosecution commenced in a state court when the defendant was acting “under color of [his] office.”  It’s set up that way because federalism doesn’t work if the states can use state laws against federal officials for things they do as feds.  Apparently, this is an important point of constitutional law for first-year law students.  Either this state prosecutor doesn’t care about that or we should be wondering how she graduated law school.

Former law school dean and professor John Eastman, who presumably is familiar with the above legal point, has responded as well.  Eastman says his activities were constitutionally protected, and that the charges against him were an assault on the practice of law: “Lawyers everywhere should be sleepless over this latest stunt to criminalize their advocacy.  This is a legal cluster-bomb that leaves unexploded ordinance for lawyers to navigate in perpetuity.”

It was Rudy Giuliani who was indicted for encouraging voters to call their members of Congress.  Ironically, his “incriminating” tweet said, “We must have free and fair elections in GA & this is our only path to ensuring every legal vote is counted @realDonald Trump.”  How DARE he call for every legal vote to be counted!

Former federal prosecutor Brett Tolman described this case as “a Frankenstein that Mary Shelley would’ve been repulsed by.”

“It needs to be torn apart and the creator needs to be run out of office,” he said.  These indictments are using a RICO statute that is aimed at criminal organizations, making this “the bastardization of a statute that we put into place to try to root out very complex corrupt organizations.”  Willis is using it “for political reasons,” Tolman said.  “It’s a shame that somebody with a legal degree is trying to analyze a lawful election challenge under the lens of criminal law.”  Highly recommended...

Be sure and read Jonathan Turley’s take on this case.  “The scope of the alleged conspiracy is massive,” he said.  “Indeed, every call, speech and tweet appears a criminal step in the conspiracy.  District Attorney Fani Willis appears to have elected to charge everything and everyone and let God sort them out.”  The chilling effect of this is dangerous, he believes.  “It is important for campaigns to seek judicial review without fear of prosecution.”

But Trump has not been chilled.  He says to stay tuned, because this coming Monday, he’ll be presenting incontrovertible evidence of voter fraud in 2020 that will result in his “complete exoneration.”  We shall see.

Problems from 2020 that easily could have affected the outcome have already been brought up but went nowhere.  In fact, Athena Thorne for PJ MEDIA recently wrote a piece called “Here’s Why Legal Challenges to the 2020 Election Didn’t Go Anywhere,” citing the corrupt collapse of America’s legal system and “state DAs who literally campaigned on promises to ‘get Trump.’” It’s a subscriber-only story, but the main points are things you certainly remember: that every attempt to investigate or introduce alleged evidence of vote fraud was greeted with hostility from the media, legal roadblocks by Democrat officials, attempts to disbar any attorneys who took up the cases, terrified judges refusing to look at it due to “lack of standing,” and the looming threat of violence by leftist rioters against everyone from judges and courts to entire cities if the election didn’t go their way.

If you are a subscriber, keep in mind as you read this --- especially the part of about conservative attorneys being targeted --- that it was written BEFORE the Georgia indictments of Trump and his associates were handed down.

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