GA election case: Trump and co-defendant argue it’s not a crime to lie to state lawmakers & it’s OK to enact unconstitutional laws.
By Curt_Anderson December 1, 2023 12:20 pm Category: Law (0.0 from 0 votes)
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(from Atlanta Journal-Constitution) A notable item on the agenda involves a challenge from [Trump co-defendant Ray Smith III], a Trump attorney who sought to convince Georgia legislators to overturn the election based on false voting fraud claims.
In the filing, known as a demurrer, Smith argues that it’s not a crime to lie to state lawmakers. He says the state law prohibiting false statements requires that they be made to a state “agency or department,” and the General Assembly doesn’t count.
Smith is also contesting a charge that he solicited lawmakers to violate their oaths of office. He argues it’s not a violation of lawmakers’ oaths for them to enact legislation that is unconstitutional, even knowingly. He says it happens sometimes, and courts overturn unconstitutional acts. And, besides, the Georgia Constitution prohibits punishing lawmakers for their acts under the Gold Dome [the Georgia State Capitol], he maintains.
Prosecutors say the false statements about the election were on matters under the jurisdiction of the Secretary of State and the GBI. They say Smith is not charged with soliciting legislators to “simply pass legislation,” but to illegally appoint presidential electors. And they say any immunity lawmakers enjoy from prosecution for taking unconstitutional action does not apply to Smith, who is not a lawmaker.
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Comments on "GA election case: Trump and co-defendant argue it’s not a crime to lie to state lawmakers & it’s OK to enact unconstitutional laws.":
(from Atlanta Journal-Constitution) A notable item on the agenda involves a challenge from [Trump co-defendant Ray Smith III], a Trump attorney who sought to convince Georgia legislators to overturn the election based on false voting fraud claims.
