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South Carolina primary vote count:
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Crime by HatetheSwamp     July 20, 2023 3:47 pm (Rating: 0.0) Last comment by: HatetheSwamp (35 comments) [575 views]


Law selectors, pages, etc.
GA election case: Trump and co-defendant argue itís not a crime to lie to state lawmakers & itís OK to enact unconstitutional laws.
By Curt_Anderson
December 1, 2023 12:20 pm
Category: Law

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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 itís not a crime to lie to state lawmakers. He says the state law prohibiting false statements requires that they be made to a state ďagency or department,Ē and the General Assembly doesnít count.

Smith is also contesting a charge that he solicited lawmakers to violate their oaths of office. He argues itís not a violation of lawmakersí 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 ďsimply pass legislation,Ē 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.

Trump and others have adopted Smithís motion.


Cited and related links:

  1. ajc.com

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Comments on "GA election case: Trump and co-defendant argue itís not a crime to lie to state lawmakers & itís OK to enact unconstitutional laws.":

  1. by Indy! on December 1, 2023 10:28 pm

    Republicans think the law works like the peek-a-boo game you play with a baby. As long as the lawyer covers his eyes while discussing the crime - no laws were broken.


  2. by HatetheSwamp on December 2, 2023 3:55 am

    What it must be like to have Donald Trump living in your brain! My condolences, there, Curt.

    Thing is, the further this fiasco goes, the better Trump's polls are. Trump is now up 68-9 over second place DeSantis for the GOP nomination...and he's pulling away from "that feckless dementia-ridden piece of crap" in head to head polls.

    None of us here want another Trump term. Why you are excited to see his chances improved bonkers me.

    pb's Legal Goober #1 is clear. This Georgia stuff...if it reaches Trump...will be overturned.

    What effect, according to the polls, will an overturned Trump conviction have on his electoral chances? Baha!


  3. by oldedude on December 2, 2023 6:59 am
    First, all recent presidents have signed laws that have been overturned by the courts. It's something you do. You press the envelope to see how to get your agenda through. Same thing with EO's. Some of trumpsters "flagship" legislation and EOs were overturned. As well as pedojoe's attempt at gun-law changes. It's part of the game.


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