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    Trump Call to Georgia Official Might Violate State and Federal Law

    AdvertisementContinue reading the main storySupported byContinue reading the main storyTrump Call to Georgia Official Might Violate State and Federal LawThe president’s demand for action to overturn the result of the election in the state raised questions about whether he violated election fraud statutes, lawyers said, though a charge is unlikely.President Trump and Melania Trump, the first lady, last week outside the White House. On Saturday, the president held an hourlong call with Georgia’s secretary of state, urging him to “find” the votes necessary to swing the state to Mr. Trump.Credit…Anna Moneymaker for The New York TimesJan. 3, 2021Updated 9:53 p.m. ETThe call by President Trump on Saturday to Georgia’s secretary of state raised the prospect that Mr. Trump may have violated laws that prohibit interference in federal or state elections, but lawyers said on Sunday that it would be difficult to pursue such a charge.The recording of the conversation between Mr. Trump and Secretary of State Brad Raffensperger of Georgia, first reported by The Washington Post, led a number of election and criminal defense lawyers to conclude that by pressuring Mr. Raffensperger to “find” the votes he would need to reverse the election outcome in the state, Mr. Trump either broke the law or came close to it.“It seems to me like what he did clearly violates Georgia statutes,” said Leigh Ann Webster, an Atlanta criminal defense lawyer, citing a state law that makes it illegal for anyone who “solicits, requests, commands, importunes or otherwise attempts to cause the other person to engage” in election fraud.At the federal level, anyone who “knowingly and willfully deprives, defrauds or attempts to deprive or defraud the residents of a state of a fair and impartially conducted election process” is breaking the law.Matthew T. Sanderson, a Republican election lawyer who has worked on several presidential campaigns — including those of Senator Rand Paul of Kentucky and Rick Perry, the former Texas governor — said that while it did appear that Mr. Trump was trying to intimidate Mr. Raffensperger, it was not clear that he violated the law.That is because while Mr. Trump clearly implied that Mr. Raffensperger might suffer legal consequences if he did not find additional votes for the president in Georgia, Mr. Trump stopped short of saying he would deliver on the threat himself against Mr. Raffensperger and his legal counsel, Ryan Germany, Mr. Sanderson said. “You know what they did and you’re not reporting it,” the president said during the call, referring to his baseless assertions of widespread election fraud. “That’s a criminal — that’s a criminal offense. And you can’t let that happen. That’s a big risk to you and to Ryan, your lawyer. And that’s a big risk.”Lacking additional clear evidence of Mr. Trump’s intent to follow up on any apparent threat, including the potential criminal charges he suggested Mr. Raffensperger or his office might face, Mr. Sanderson said, “Ultimately, I doubt this is behavior that would be prosecuted.”Michael R. Bromwich, a former Justice Department inspector general and lawyer who represented clients that have been critical of Mr. Trump, said he believed Mr. Trump violated federal law.But the meandering nature of the phone call and the fact that the president made no apparent attempt to conceal his actions as other call participants listened could allow Mr. Trump to argue that he did not intend to break the law or to argue that he did not know that a federal law existed apparently prohibiting his actions.The federal law would also most likely require that Mr. Trump knew that he was pushing Mr. Raffensperger to fraudulently change the vote count, meaning prosecutors would have to prove that Mr. Trump knew he was lying in asserting that he was confident he had won the election in Georgia.“It is unlikely federal prosecutors would bring such a case,” Mr. Bromwich said. “But it certainly was god awful and unbelievable. But prosecuting a federal crime is obviously a very different thing.”David Worley, a Democrat and a supporter of President-elect Joseph R. Biden Jr. who is a member of the State Election Board in Georgia, wrote Sunday evening to Mr. Raffensperger and other members of the board asking the secretary of state, who is the board chairman, to open an investigation into the phone call to see if it violated state law, including a provision prohibiting conspiracy to commit election fraud.If the board concludes a law has been broken, Mr. Worley said, it could ask state law enforcement authorities to consider filing criminal charges or a civil case against Mr. Trump.“To say that I am troubled by President Trump’s attempt to manipulate the votes of Georgians would be an understatement,” Mr. Worley, who is the sole Democrat on the five-member board, wrote in the email. “Once we have received your investigative report, it will be the board’s duty to determine whether probable cause exists to refer this matter.”State officials in Georgia might also face a challenge in bringing a case against a federal official, or even a former federal official, said Ms. Webster and Ryan C. Locke, a second Atlanta criminal defense lawyer.Trevor Potter, a Republican former chairman of the Federal Election Commission, said the question would largely be up to the Justice Department in the Biden administration.“There is a good argument that Trump is seeking to procure a fraudulent vote count by stating that he needs exactly 11,780 votes and is threatening the secretary of state if he does not produce them,” Mr. Potter said. “But even if the Biden Justice Department thinks they have a good case, is that how they want to start off the Biden presidency? That is a policy decision.”Congressional Democrats suggested they would examine the legal implications of the call. Representative Jerrold Nadler, Democrat of New York and the chairman of the House Judiciary Committee, said the call raised new legal questions for Mr. Trump even if it was not a clear violation of the law.“In threatening these officials with vague ‘criminal’ consequences, and in encouraging them to ‘find’ additional votes and hire investigators who ‘want to find answers,’ the president may have also subjected himself to additional criminal liability,” Mr. Nadler said in a statement.AdvertisementContinue reading the main story More

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    Georgia Is Getting More Blue. The Senate Races Will Tell How Much.

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    Electoral College Results

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    Democrats Rush to Turn Out Black Voters in Georgia, Looking Beyond Atlanta

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    Electoral College Results

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    Republicans Begin New Congress Feuding Over Bid to Overturn Election

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    Electoral College Results

    Election Disinformation

    Full Results

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    'I just want 11,780 votes': Trump pressed Georgia to overturn Biden victory

    In an hour-long phone call on Saturday, Donald Trump pressed Georgia secretary of state Brad Raffensperger to overturn Joe Biden’s victory there in the election the president refuses to concede.The Washington Post obtained a tape of the “extraordinary hour-long call”, which Trump acknowledged on Twitter.Amid widespread outrage including calls for a second impeachment, Bob Bauer, a senior Biden adviser, said: “We now have irrefutable proof of a president pressuring and threatening an official of his own party to get him to rescind a state’s lawful, certified vote count and fabricate another in its place.”The Post published the full call.“The people of Georgia are angry, the people in the country are angry,” Trump said. “And there’s nothing wrong with saying, you know, um, that you’ve recalculated.”Raffensperger is a Republican who has become a bête noire among Trump supporters for repeatedly saying Biden’s win in his state was fair. In one of a number of parries, he said: “Well, Mr President, the challenge that you have is, the data you have is wrong.”Trump said: “So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state.”He also insisted: “There’s no way I lost Georgia. There’s no way. We won by hundreds of thousands of votes.”Trump’s contempt for democracy is laid bare. Once again. On tapeTrump did not win Georgia, which went Democratic for the first time since 1992. Its result has been certified. Attempts to pressure Republicans in other battleground states have failed, as have the vast majority of challenges to results in court.Despite promised objections from at least 12 Republican senators and a majority of the House GOP, Biden’s electoral college victory will be ratified by Congress on Wednesday. The Democrat will be inaugurated as the 46th president on 20 January. Trump will then leave the White House – where he remained, tweeting angrily, all weekend.Edward B Foley, an Ohio State law professor, told the Post the call was “‘inappropriate and contemptible’ and should prompt moral outrage”. Trump’s behaviour was “already tripping the emergency meter,” he added. “So we were at 12 on a scale of one to 10, and now we’re at 15.”In an email to the Guardian, University of Richmond law professor Carl Tobias said: “The conduct that the press has reported might place Trump in legal jeopardy after Biden is inaugurated.“For example, if the justice department or US attorneys believe that Trump violated federal law or if local prosecutors in states, such as Arizona, Georgia, Michigan and Wisconsin, where Trump may have engaged in similar behaviour with state or local election officials, believe that Trump violated state election laws, the federal or state prosecutors could file suit against Trump.”Noah Bookbinder, executive director of Citizens for Responsibility and Ethics in Washington, went further, calling for Trump to be impeached a second time, even though he has little more than two weeks left in office.“The president of the United States has been caught on tape trying to rig a presidential election,” Bookbinder said. “This is a low point in American history and unquestionably impeachable conduct. It is incontrovertible and devastating.“When the Senate acquitted President Trump for abusing his powers to try to get himself re-elected [in February 2020, regarding approaches to Ukraine for dirt on Biden], we worried that he would grow more brazen in his attempts to wrongly and illegally keep himself in power. He has … Congress must act immediately.”From Congress, in a tweet, Adam Schiff, the Democratic chair of the House intelligence committee, said: “Trump’s contempt for democracy is laid bare. Once again. On tape.”The lead prosecutor at Trump’s Senate impeachment trial last year added: “Pressuring an election official to ‘find’ the votes so he can win is potentially criminal, and another flagrant abuse of power by a corrupt man who would be a despot, if we allowed him. We will not.”Nancy Pelosi, the California Democrat widely expected to be elected House speaker for a fourth term, set out her strategy for the election certification in a memo to colleagues.“Over the years,” she wrote, “we have experienced many challenges in the House, but no situation matches the Trump presidency and the Trump disrespect for the will of the people.”Adam Kinzinger, a Republican congressman from Illinois, tweeted: “This is absolutely appalling. To every member of Congress considering objecting to the election results, you cannot – in light of this – do so with a clean conscience.”Stacey Abrams is laughing about you. She’s going around saying, ‘These guys are dumber than a rock’White House chief of staff Mark Meadows and Cleta Mitchell, a Republican lawyer, were also on the call, during which Trump ran through a laundry list of debunked claims regarding supposed electoral fraud and called Raffensperger a “child”, “either dishonest or incompetent” and a “schmuck”.Characteristically, Trump also threatened legal action.“You know what they did and you’re not reporting it,” he said. “You know, that’s a criminal offence. And you know, you can’t let that happen. That’s a big risk to you and to Ryan [Germany], your lawyer. That’s a big risk.”Referring to runoffs on Tuesday that will decide control of the Senate, Trump said Georgia had “a big election coming up and because of what you’ve done to the president – you know, the people of Georgia know that this was a scam.“Because of what you’ve done to the president, a lot of people aren’t going out to vote, and a lot of Republicans are going to vote negative, because they hate what you did to the president. OK? They hate it. And they’re going to vote. And you would be respected, really respected, if this can be straightened out before the election.”Republican incumbents Kelly Loeffler and David Perdue, seeking to beat Democrats Raphael Warnock and Jon Ossoff, have ranged themselves behind Trump. But Georgia Republicans fear his attacks could suppress his own party’s turnout as Democrats work to boost their own.Early voting has reached unprecedented levels and on Sunday, former gubernatorial candidate Stacey Abrams told ABC’s This Week: “What we’re so excited about is that we haven’t stopped reaching those voters. Millions of contacts have been made, thousands of new registrations have been held. We know that at least 100,000 people who did not vote in the general election are now voting in this election.”Trump told Raffensperger: “Stacey Abrams is laughing about you. She’s going around saying, ‘These guys are dumber than a rock.’”Trump also said he knew the call wasn’t “going anywhere”. Raffensperger ended the conversation.On Twitter on Sunday, Trump said Raffensperger “was unwilling, or unable, to answer questions such as the ‘ballots under table’ scam, ballot destruction, out of state ‘voters’, dead voters, and more. He has no clue!”Twitter duly applied a standard disclaimer: “This claim about election fraud is disputed.”Raffensperger also responded: “Respectfully, President Trump: What you’re saying is not true.” More

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    New Congress sworn in as Georgia runoffs loom and Trump runs amok

    Congress convened for its 117th session on Sunday, swearing in lawmakers amid extraordinary political turmoil as Republicans worked to overturn Joe Biden’s victory over Donald Trump, crucial Senate runoffs in Georgia loomed and the coronavirus surge imposed severe limits on familiar Capitol ceremonies.The Democrat Nancy Pelosi was set to be re-elected as House speaker. But most attention was focused on the Senate, where Mitch McConnell could be carrying out his final acts as Republican majority leader.If Democrats John Ossoff and Raphael Warnock unseat Republicans Kelly Loeffler and David Perdue in Georgia on Tuesday, the chamber will split 50-50. As vice-president, Kamala Harris would then hold a deciding vote, boosting Biden’s hopes of legislative success.In an extraordinarily acrimonious campaign, early voting has shattered runoff records, with 3m ballots cast. African American turnout, critical to the Democrats’ chances, has been robust: about a third of ballots have come from self-identified Black voters, up from around 27% in the November contests which did not produce conclusive winners.On Sunday Stacey Abrams, the defeated Democrat in the 2018 Georgia gubernatorial election who now advocates for voting rights, told ABC’s This Week her party “did very well in vote by mail, we did very well in early vote, but we know election day is going to be the likely high-turnout day for Republicans, so we need Democrats who haven’t cast their ballots to turn out.“What we’re so excited about is that we haven’t stopped reaching those voters. Millions of contacts have been made, thousands of new registrations have been held. We know that at least 100,000 people who did not vote in the general election are now voting in this election.”Harris was to campaign in Georgia on Sunday, with Biden following on Monday. Trump has alarmed Republicans with attacks on GOP state officials and the integrity of the runoffs, as part of his baseless claims of electoral fraud in November. In a bombshell report, the Washington Post detailed a Saturday call in which Trump pressured Georgia secretary of state Brad Raffensperger to overturn the presidential result, saying a failure to do so could damage Republican chances in the Senate runoffs.Nonetheless, on Monday Trump will rally in support of Loeffler and Perdue.Perdue continues to quarantine after contact with a Covid-19 infected person. Nonetheless, the four candidates have been at each others’ throats.On Fox News Sunday, Loeffler, a keen Trump ally, aired allegations at Warnock regarding a child abuse investigation and domestic violence and continued to deny his claims she enriched herself in stock dealings following private Covid-19 briefings.“Why has he refused to denounce Marxism and socialism?” Loeffler said. “He’s attacked our police officers calling them gangsters, thugs and bullies, he said ‘You can’t serve God and the military’, he’s praised Fidel Castro [and] Karl Marx.”Warnock and Ossoff have seized on allegations of stock-dealing impropriety by Perdue, who dumped assets damaged by the pandemic and bought cheap stock that Covid-19 restrictions then caused to soar in value.In contests in which the Black vote is so important, race has also assumed a central role. Warnock is senior pastor of Ebenezer Baptist Church in Atlanta, where Martin Luther King Jr once preached. Loeffler has run attack ads using pieces of Warnock’s sermons.“The Republican attack is not just against Warnock, it’s against the Black church and the Black religious experience,” the Rev Timothy McDonald III, pastor of First Iconium Baptist Church in Atlanta and assistant pastor of Ebenezer from 1978 to 1984, told Reuters.McDonald described Warnock’s views as consistent with the church’s opposition to racism, police brutality, poverty and militarism.“I don’t care what you think about Warnock,” he said. “We’ve got to defend our church, our preaching, or prophetic tradition, our community involvement and engagement. We’re going to defend that.”Loeffler said in a tweet last month she was not attacking the church. “We simply exposed your record in your own words,” she wrote.Ossoff courted controversy when he recently accused Loeffler of “campaigning with a Klansman”. In fact Loeffler posed, she said unknowingly, with a former member of the far-right group.Asked on CNN’s State of the Union if it was “important for candidates to tell the truth”, Ossoff said: “It is. And it’s even more distressing that this isn’t an isolated incident.“Kelly Loeffler has repeatedly posed for photographs and been seen campaigning alongside radical white supremacists. And I believe they’re drawn to her campaign, because her campaign has consisted almost entirely of racist attacks on the Black Lives Matter movement and on the Black church.“…And it’s happening at the same time that Kelly Loeffler and David Perdue and Georgia Republicans are mounting a vicious assault on voting rights in Georgia, lawsuit after lawsuit to disenfranchise black voters, purge the rolls, remove ballot drop boxes.“And I believe that one of the reasons we’re seeing such record-shattering turnout … is that Georgians are defying those efforts to rip away their voting rights and standing up and saying, ‘We’re going to make our voices heard.’”Developments in Washington have also touched the Georgia races. Loeffler and Perdue both backed Trump’s demands for Congress to increase $600 Covid relief payments to $2,000, which McConnell blocked.Ossoff leapt on the opportunity to point out Perdue’s “hypocrisy” for opposing last year’s first relief payment of $1,200 and “obstructing” efforts to provide further direct relief for more than eight months.Whichever of the candidates wins a passage to Washington will join a new Congress already home to a politician from the extremities of Georgia politics.Among House newcomers sworn in Sunday was Marjorie Taylor Greene, who has supported the Q-Anon conspiracy theory and was among a group of Republicans who visited Trump at the White House recently, to discuss the effort to undo the election. More

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    ‘This is a referendum’: US Senate on a knife-edge as Georgia runoffs loom

    “Georgia, Georgia,” sings musician John Legend, before Barack Obama’s narration takes over. “When the moment came to reject fear and division and send a message for change, Georgia stepped up,” says the former US president, referring to Joe Biden’s victory over Donald Trump in the state. “Now, America is counting on you again.”This is a glossy campaign ad for Jon Ossoff, one of two Democratic candidates challenging two Republican incumbents in the final election of 2020 – actually taking place on the first Tuesday of 2021. With November’s vote for Georgia’s two Senate seats proving inconclusive, the runoffs will not only decide the state’s direction but could strike a blow to Biden’s presidency before it has even begun.At stake is the balance of power in the 100-member US Senate. If Republicans win one or both of the Georgia seats, they will retain a slim majority and can block Biden’s legislative goals and judicial nominees. If Democrats prevail in both seats, however, there will be a 50/50 split in the chamber, giving Biden’s vice-president, Kamala Harris, the tie-breaking vote.Harris will campaign in Savannah on Sunday and Biden will join the Democratic candidates in Atlanta on Monday, while the president will rally with the Republicans in Dalton on the same day.Once again, two radically different visions of the nation will collide. Republicans Kelly Loeffler, 50, and David Perdue, 71, have embraced the president’s “Make America Great Again” agenda so tightly that defeats for both would be a stark repudiation of his legacy.Trump is already smarting from a narrow defeat by Biden in the presidential election in Georgia, making him the first Republican to lose it since George HW Bush in 1992. It was the most concrete proof yet that a southern state that fought for slavery during the American civil war and was dominated by Republicans for decades is now among the most competitive political battlegrounds in the country.“We’ve heard for years that Georgia is changing, Georgia is changing, and it finally changed and it was a brilliant moment,” said Carter Crenshaw, a Republican who founded a group called GOP for Joe to support the Democratic nominee. “As a lifelong Georgian, it’s funny or almost ironic that a state in the solid Republican south is about to determine the future of the country. As Joe Biden said in the election, this is a referendum about the soul of our nation.”Such is the national resonance of the contests that record amounts of money are poured in. Ossoff, the 33-year-old chief executive of a company that makes investigative TV documentaries, became the best-funded Senate candidate ever after raising $106.7m between mid-October and mid-December.His opponent, Perdue, trailed with $68m and suffered a further setback on Thursday, announcing that he will quarantine for an unspecified period after being exposed to someone infected with coronavirus. In the other runoff, Democrat the Rev Raphael Warnock, 51, raised $103.3m over the two-month period, while his opponent, Loeffler – among the wealthiest and least experienced members of Congress – had a haul of nearly $64m.About 3m people have already cast their votes early, in person or by absentee ballot, way higher than the last statewide runoff in 2018. Democrats are depending on voters of colour, young people and college-educated white people to turn out in urban and suburban areas, particularly in and around Atlanta. These include disaffected Republicans like Crenshaw.“Part of the reason I made the decision to vote for Ossoff and Warnock was I have seen first-hand how Donald Trump has been so destructive to the party and overall trust in our elections,” he said. “It’s hard when the two Republicans have gone along pretty much consistently and regularly with every conspiracy theory that he and his supporters have come up with.”Crenshaw, a pharmacy technician and student, added: “It wasn’t just a vote against Donald Trump. It was also the recognition that character still does matter and the character of Raphael Warnock and Jon Ossoff is at this point miles ahead of what Kelly Loeffler and David Perdue have exhibited in the last several months.”But the likely deciding factor will be African American turnout. Democratic activist Stacey Abrams, who lost a race for Georgia governor in 2018, has done much to mobilise the party’s base and fight voter suppression in a state with a long history of racial segregation. The runoffs have led to court battles over the state’s removal of nearly 200,000 people from voter registration rolls, and a Republican effort to curb the use of drop boxes for absentee ballots.As of last Tuesday African American turnout was 31% of the total vote so far, higher than its 27% share in November, according to Cliff Albright, cofounder of the Atlanta-based Black Voters Matter. “You’ve still got some people thinking that what happened in Georgia for the presidential was just a fluke and that’s actually part of the reason why Black voters are so intent on showing up in such numbers right now,” he said.“Trump and his supporters are reminding us of the same issues, the same racism, the same voter suppression that had us so energised in the general election, and that energy is spilling over into the runoffs.”Republican infighting over Trump’s baseless allegations of election fraud could cause some of the president’s base to stay at home in protest. Brian Kemp, the state governor, has confirmed Biden’s victory but Loeffler refuses to acknowledge the Democrat as president-elect, bragging that she has a “100% Trump voting record” and is “more conservative than Attila the Hun”.Her challenger, Warnock, is an African American pastor at the Atlanta church where the civil rights leader Martin Luther King often preached. Albright observed: “Sadly enough, many of the issues that King was trying to address are the same issues today. He was talking about racism and capitalism and military exploitation and here we are facing those same three evils.”The Democratic duo accuse their Republican rivals of abusing their office for self-enrichment and neglecting Georgians’ plight in the Covid-19 pandemic. Republicans are appealing to diehard Trump supporters in small towns and rural areas with lurid messaging that portrays the Democrats as radical socialists hellbent on defunding the police and destroying the American dream.Ann Jones, a farmer from Flowery Branch, said of Ossoff and Warnock: “They don’t give me a warm, fuzzy feeling. I think their agenda leads you way far from agriculture and way far from common sense. Both of them are virtually unknown. What is socialism? We jump right over into communism. They’re way far off the map.”Jones plans to vote for Loeffler and Perdue and would back Trump again if he is the Republican presidential nominee in 2024. “I don’t have a problem with him. I mean, do I want him to live in my house? Probably not. But he’s done a good job for the country and he’s done a whole lot for agriculture and you can’t throw any rocks at that.”Opinion polls suggest both races could go either way. John Zogby, a pollster and author, said two Republican wins on Tuesday night would deal a “horrible blow” to Biden’s presidency. Conversely, a Democratic sweep would diminish Trump’s credit for recent Republican gains in Congress and weaken his grip on the party as he teases another bid for the White House.“Here’s a guy we know is making every indication that he wants to run again and so this could potentially stop him in his tracks,” Zogby added. “It also would be part of his legacy, not only losing the election but losing the Senate. Kind of a capstone.” More

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    Raphael Warnock, From the Pulpit to Politics, Doesn’t Shy From ‘Uncomfortable’ Truths

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