Recently, the Washington Post reported that a phone call conversation took place between President Donald Trump and the Georgia Secretary of State, Brad Raffensperger.
The phone call lasted for an hour, during which Trump demanded Raffensperger to assist him with overturning the election outcome by tallying the votes again in his favor. He also threatened him with a lawsuit, if he does not comply.
A Democrat from the Georgia Election Board asked Raffensperger to probe Trump during the phone call.
Many lawyers termed President’s requests as inadequate in that they go against federal and state laws.
Lawyers, legal scholars, and observers hold the point of view that Trump’s act falls under the 52 U.S Code 20511. According to this law, a person commits a crime if he intentionally tries to influence the outcome of a fair election.
Justin Levitt, a law professor at Loyola Marymount University has stated that the doubt only remains on whether Trump intended to coerce Raffensperger to procure fake votes. Trump seems to be suspicious about the number of votes cast and the number of votes counted.
However, the professor concluded that the president was not requesting a recount of the votes because two recounts have already been conducted in the state, with several judges dismissing Trump’s voter fraud allegations.
Many lawyers are involved in a debate as to whether he has violated the law which states that it is a crime to engage in a conspiracy that goes against people employing their civil rights.
Besides this, the President could also be charged with extortion for threatening Raffensperger with legal consequences.
A criminal defense attorney also stated that Trump is violating a Georgia state law that considers encouraging another person to commit election fraud an illicit activity.
Legal scholars have also explained that until Biden’s inauguration it is unlikely that a federal lawsuit could be filed against Trump. A federal prosecutor is also not permitted to charge a President who is not out of office yet, according to the Justice Department.
Since Biden is facing many other issues that require immediate attention, charging Trump may not be a priority.
