On Tuesday, Georgia prosecutors firmly rejected an attempt by GOP activists, who falsely claimed to be legitimate presidential electors, including three charged as alleged co-conspirators of Donald Trump, to transfer their criminal case from state court to federal court. Fulton County District Attorney Fani Willis argued that these individuals were engaged in an elaborate game of pretense that trespassed into criminal territory.
Willis made her case before U.S. District Court Judge Steve Jones, emphasizing that these defendants falsely believed they could transform themselves into genuine presidential electors through their actions. She asserted, “Repeating a fiction does not make the statement true.”
The prosecution’s arguments represent a significant component of their efforts to maintain the 19-defendant racketeering case against Trump and his co-defendants in Fulton County Superior Court. This case is centered on events following the 2020 election when Trump allies in several states, where Joe Biden had been certified as the winner, held their own mock elector ceremonies, signing petitions claiming to be legitimate electors and delivering them to Congress.
While Trump’s campaign maintained these actions were intended to preserve his legal options, they later played a pivotal role in the effort to overturn the election results on January 6, 2021. The false electors from Georgia, including former Georgia Republican Party Chairman David Shafer, have been charged as part of a sprawling racketeering conspiracy to subvert the state’s 2020 election. They also face charges of false statements, forgery, and related offenses.
In recent court filings, these defendants argued they believed they were acting on Trump’s instructions when they signed the false documents. They pointed to the presence of Trump’s campaign attorney, Ray Smith, at their December 14 meeting, who encouraged them to sign the documents to maintain Trump’s election prospects. Smith is also charged in the alleged conspiracy.
These false electors are seeking to move their criminal cases to federal court, suggesting they were acting on behalf of the federal government. Federal law permits individuals acting as federal “officers” to have their cases transferred to federal court when charged with actions related to their official duties.
Prosecutor Willis has taken a critical stance against these claims, asserting that they have no plausible basis. She argued that they acted to further Trump’s political campaign, not federal functions, and their attempts to portray themselves as federal electors are unfounded.
The prosecution’s strong stance against these claims indicates that the legal battle surrounding the 2020 election’s aftermath continues to be a focal point in Georgia, with implications for similar cases nationwide.
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