The fake electors plot is readily prosecutable under federal law as conspiracy to defraud the United States, 18 U.S.C. § 371. And there are all kinds of different things that fall under the description of “election fraud.” It’s just that the specific thing Trump did – solicit a public official to somehow “find” 11,780 votes – is only a misdemeanor.
As to state RICO, I don’t see how that possibly works because Trump’s racketeering didn’t cause him “to acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property, or personal property of any nature, including money.”
He did demand Raffensberger “find” him some some 11,000 votes. How does one “find” some 11k votes without tampering with ballots or vote counting equipment?
Doesn’t Georgia Gov. Kemp have the authority to Pardon any defendant ultimately charged by the Fulton County District Attorney and her Grand Jury? If so, all the more reason to make sure Stacy Abrams wins this time.
Fani Willis has brought in an expert on enforcement of RICO statues. I’m not sure of the details, but some aspect of RICO as enforced in Georgia constitutes a felony.
Any number of ways, the most obvious of which is to disqualify a bunch of Atlanta-area mail-in ballots. That’s not “tampering” with anything, even though it could still be a crime if he had actually done it.
No, the Georgia governor does not have unilateral power to pardon anybody. It has a state board of pardons and paroles.
But do keep in mind that any conviction has to meet with the approval of the Georgia Supreme Court, and you can guess which way that court leans pretty easily.
It ain’t fraudulent when the gummint official in charge of elections does it. At least, that’ll be the argument, and it usually works (see Texas, there the SecState tossed 10s of thousands of voters off the rolls on the flimsiest of pretexts, and all that happened to him is he lost his job (needed at least some dems in the lege to confirm him in his position, and they all sensibly said “fuck no”).
Attempted, didn’t succeed. Got enjoined in federal court, IIRC. Also IIRC, that was by former Texas Supreme Court justice Xavier Rodriguez, who Dubya nominated to the federal bench as a consolation prize after he lost the Republican primary in 2002 because the GOP is super-racist and his opponent was a crazy person named “Smith.”
IIRC, Perry appointed Rodriguez to SCOTX to serve out Greg Abbott’s term when Abbott resigned to run for Lieutenant Governor, which he shortly switched out for Attorney General when John Cornyn decided to run for Senate when Phil Graham retired. Abbott was clearly going to get his ass beat in the primary by David Dewhurst anyway.
ETA: I compare you to Justice Gorsuch because his entire jurisprudence is about selectively picking words in statutes and then selectively finding definitions of those words in ancient dictionaries that declare him to be the smartest SCOTUS justice evah.
And the reason you still are wrong even under your definition is that it’s not a crime in Georgia to “tamper” with election results. The ballots aren’t tampered with, the election machines aren’t tampered with, the voter rolls aren’t tampered with. Trump asked for the results to be tampered with, and that isn’t a felony in Georgia even though it obviously should be.
