Raffensperger's Actions: Lawful Or Criminal?

Georgia Secretary of State Brad Raffensperger is a Republican who rose to prominence in 2020 when he refused to support former President Donald Trump's claims of a stolen election. Trump had asked Raffensperger to find enough votes to overturn his loss to Joe Biden in the state, which Raffensperger refused to do. This incident has sparked accusations and debates about whether Raffensperger broke the law. Some legal experts argue that Raffensperger may have violated federal and state laws against election tampering and solicitation to commit election fraud. However, others suggest that proving criminal intent would be challenging, and Raffensperger himself has denied any wrongdoing. The question of whether Raffensperger broke the law remains a subject of debate and has significant implications for election integrity and the country's political landscape.

Did Trump break the law?

In January 2021, then-President Donald Trump asked Georgia Secretary of State Brad Raffensperger to "find 11,780 votes" to overturn Joe Biden's victory in the state. This phone call sparked demands for a criminal investigation into Trump, with legal experts and Democratic lawmakers asserting that Trump's actions were tantamount to criminal conduct.

Now, to answer the question, "Did Trump break the law?"

The House Jan. 6 committee has urged the Justice Department to consider prosecuting Trump for four crimes: obstruction of an official proceeding, conspiracy to defraud the United States, conspiracy to make a false statement, and inciting or aiding an insurrection. These referrals carry no legal weight, as federal prosecutors are already conducting their own investigation and will decide whether to pursue charges.

Trump has been charged with four criminal counts, including conspiracy to defraud the US and conspiracy against the rights of citizens, in relation to his attempts to overturn the 2020 election results. The Supreme Court has ruled that Trump has partial immunity in this case, as presidents have broad immunity from criminal prosecution for official acts. However, the Department of Justice interprets the ruling to mean that their case can still move forward, as Trump acted as a private citizen and not as president.

In addition to the election-related charges, Trump also faces three other criminal cases. He has been convicted of falsifying business records related to a payment made to adult film actress Stormy Daniels. He also faces charges for mishandling classified documents and is under investigation for racketeering in Georgia.

While Trump has denied any wrongdoing and claimed political motivation, legal experts believe that proving criminal intent and building a criminal case will be challenging. Trump's supporters argue that he was simply exercising his rights as a private citizen to question election results and urge officials to find legitimate votes.

In conclusion, while Trump's actions have sparked intense debate and legal scrutiny, the ultimate decision on whether he broke the law rests with the Justice Department and the courts.

Raffensperger's refusal to overturn election results

Brad Raffensperger, the Georgia Secretary of State, resisted calls from then-President Donald Trump to overturn the results of the 2020 U.S. presidential election. In a recorded phone call on January 2, 2021, Trump attempted to pressure Raffensperger into changing the election results in Georgia in his favor. Trump told Raffensperger, "I just want to find 11,780 votes," which was one more vote than was needed to secure his victory in the state. Raffensperger, however, refused to comply with Trump's demands, stating that the outgoing president's claims were based on falsehoods.

Raffensperger's refusal to overturn the election results stemmed from his belief in upholding the integrity of the electoral process and ensuring that the will of the voters was respected. He oversaw three recounts of the presidential vote in Georgia, all of which affirmed Joe Biden's victory. Despite facing intense pressure and criticism from Trump and his supporters, Raffensperger stood firm in his decision, even in the face of death threats and harassment.

Raffensperger's stance on the matter was not without consequences. Trump sought to oust him from office and endorsed a primary challenger, Jody Hice, a supporter of his election fraud claims, for the 2022 Georgia Secretary of State election. Raffensperger ultimately prevailed, defeating Hice in the Republican primary and the Democratic challenger, Bee Nguyen, in the general election.

Raffensperger's refusal to overturn the election results in Georgia was a pivotal moment in the aftermath of the 2020 U.S. presidential election. It highlighted the importance of upholding the integrity of the electoral process and the rule of law, even in the face of pressure from powerful figures. Raffensperger's actions served as a reminder that democracy and the peaceful transfer of power are fundamental tenets of a functioning society.

Trump's request to find votes

On January 2, 2021, then-U.S. president Donald Trump pressured Georgia Secretary of State Brad Raffensperger to "find 11,780 votes" and overturn the state's election results from the 2020 presidential election. Trump had refused to accept his defeat to Joe Biden and made a months-long effort to overturn the results.

During an hour-long conference call, Trump attempted to pressure Raffensperger into reinvestigating the election results, despite being repeatedly told that there was no electoral error. Trump's repeated efforts to convince Raffensperger to find some basis to overturn the election results were perceived as pleading and threatening. At one point on the call, Trump told Raffensperger, "What I want to do is this. I just want to find 11,780 votes, which is one more than we have, because we won the state."

Trump's call with Raffensperger was released by The Washington Post and other media outlets the next day, after Trump made a statement about the call on Twitter. According to the publicly released recording of the call and reports made by multiple news agencies, Trump's behaviour and demands could have violated state and federal laws.

Legal experts and Democratic lawmakers asserted that Trump's action was tantamount to criminal conduct that should open him to fresh legal scrutiny. Less than 24 hours after Trump's conversation with Raffensperger was made public, the first formal calls for a criminal inquiry came from Democratic lawmakers, who urged the FBI to "open an immediate criminal investigation."

Raffensperger, in an interview, said an "appropriate venue" for an investigation would probably be the Fulton County, Georgia, District Attorney's Office. District Attorney Fani Willis, a Democrat, said her office stood ready to investigate if a case was referred to prosecutors. She said, "Anyone who commits a felony violation of Georgia law in my jurisdiction will be held accountable."

The lawmakers called specific attention to Trump's demands for Georgia officials to “find 11,780 votes” to overturn the Biden victory. They said the president's request for a recalculation of the vote represented a solicitation of election fraud in violation of federal and state laws.

Trump's attempt to pressure Raffensperger could have violated election law, including federal and state laws against soliciting election fraud or interference in elections. Election-law scholar Edward B. Foley called Trump's conduct "inappropriate and contemptible", while the executive director of Citizens for Responsibility and Ethics in Washington called Trump's attempt "to rig a presidential election ... a low point in American history and unquestionably impeachable conduct."

According to The Guardian, Trump might have committed a crime by attempting to pressure Raffensperger, as he might have been "knowingly attempting to coerce state officials into corrupting the integrity of the election." Trump's request of Raffensperger and other officials could be reason for an investigation into possible conflicts of interest.

In March 2022, a federal judge cited the phone call when ruling that Trump ally John Eastman's emails could be turned over to the U.S. House Select Committee on the January 6th Attack. The judge wrote that Trump's request of Raffensperger had been "obvious" in its "illegality."

In conclusion, Trump's request to "find votes" was part of a broader effort to overturn the results of the 2020 presidential election, which included pressuring state and local officials, spreading misinformation, and filing numerous unsuccessful legal challenges. Trump's refusal to accept the election results and his attempts to subvert the democratic process raised concerns about the integrity of elections and the rule of law in the United States.

Trump's potential defence

Firstly, Trump could argue that he genuinely believed the election was rigged against him and that he was simply expressing his genuine views on the election, rather than making a demand to Raffensperger. Trump may claim that he sincerely believed there were legitimate votes that had not yet been counted and that he was not "willfully and knowingly" trying to interfere with the election or intending to break the law.

Secondly, Trump's defenders could argue that he was merely puffing and simply suggesting other alternatives, rather than actively extorting or encouraging Raffensperger to break the law. They could claim that Trump was within his rights to urge state officials to find and count additional legitimate votes, especially since he believed there were issues with the election process.

Thirdly, Trump's legal team could argue that building a criminal case against him would be challenging due to the difficulty in proving criminal intent behind his words. They could assert that Trump was not making a direct threat or demand, and it would be hard to establish that Raffensperger felt extorted or forced to break the law based on Trump's vague statements.

Finally, Trump's potential defence could highlight the political obstacles to prosecuting a former elected official. They could argue that any criminal charges would be politically motivated and that it would be challenging to seat an impartial jury due to the widespread knowledge of Trump's claims about election fraud.

Raffensperger's reelection

Georgia Secretary of State Brad Raffensperger resisted former President Donald Trump's call to overturn the 2020 election results in the state. Trump and his allies have since sought to oust Raffensperger from office, with the former president endorsing Jody Hice, a Republican congressman and election denier, to replace him.

Raffensperger is running for reelection on his record as a principled conservative, stating that he will "stand and make the hard decisions and [...] do what is right". He has received national praise, including from some Democrats, for standing up to Trump and defending the election results. However, his refusal to bend to Trump's demands has made him a target of the former president's ire and earned him the disapproval of some Georgia Republicans, who view him as a ""Republican in name only" and a "sellout".

Raffensperger's primary challenger, Hice, has fully embraced Trump's unfounded conspiracy theories about the 2020 election, stating that he believes Trump won Georgia. Hice has also criticised Raffensperger's handling of the election, accusing him of making it easier for people to cast fraudulent votes and weakening signature verification.

Raffensperger has pushed back against these accusations, stating that he is "standing on the truth", and that investigations and recounts have found no evidence of widespread fraud. He has also pointed out that Hice failed to address election integrity when Republicans controlled Congress and the White House.

The race between Raffensperger and Hice was seen as a test of Trump's grip on the Republican Party and the resonance of the claims of a rigged election. Raffensperger needed to capture more than 50% of the vote in the primary race to avoid a runoff election. Despite the close race, Raffensperger ultimately won reelection as Georgia's secretary of state, defeating Hice and cruising to victory with bipartisan support.

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