WASHINGTON - Jan. 4, 2021 - A formal complaint and request for investigation of President Donald J. Trump and his telephone call to Georgia Secretary of State Brad Raffensperger has been filed with the State Election Board of Georgia.
It suggests that, during a telephone conversation yesterday, Trump may have violated one or more of the following Georgia criminal statutes:
1. GA Code § 21-2-603 - Conspiracy to Commit Election Fraud
2. GA Code § 21-2-604 - Criminal Solicitation to Commit Election Fraud
3. GA Code § 21-2-597 - Intentional Interference With Performance of Election Duties
The complaint requests "that this matter be fully investigated, and action be taken to the extent appropriate."
The complaint was filed by public interest law professor John Banzhaf. Banzhaf played a major role in obtaining a special prosecutor to investigate President Richard M. Nixon, and successfully sued former vice president Spiro T. Agnew.
He has also filed complaints against other public figures including former congressman Barney Frank, former congresswoman Geraldine Ferraro, and Baltimore State's Attorney Marilyn J. Mosby.
Banzhaf notes that violations of state criminal laws could be crucial in Trump's case, since he cannot pardon himself for actions which constitute crimes under state laws, nor could he be pardoned by Mike Pence should Trump resign before his term ends and Pence become president.
Indeed, Banzhaf notes that Trump's telephone call may also constitute a crime under federal law; for example 52 USC 20511: VOTING AND ELECTIONS, Criminal penalties.
JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law
George Washington University Law School,
FAMRI Dr. William Cahan Distinguished Professor,
Fellow, World Technology Network,
Founder, Action on Smoking and Health (ASH)
2000 H Street, NW
Washington, DC 20052, USA
(202) 994-7229 // (703) 527-8418
http://banzhaf.net/ @profbanzhaf
Contact
GW LAW
