(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.