But the question remains: Were Trump’s attempts to reverse the outcome in Georgia (and nationally) criminal? There is compelling evidence that they were, under both Georgia state law and federal criminal statutes.
Perhaps the best guide to why is a Brookings Institution report, published in October, that assessed Trump’s actions in light of Georgia criminal law. Among the seven lawyers and scholars who wrote the report was Gwen Keyes Fleming, an experienced former Georgia prosecutor and the former DeKalb County district attorney. The report concluded that “Trump’s post-election conduct in Georgia leaves him at substantial risk of possible state charges predicated on multiple crimes.” The crimes include “criminal solicitation to commit election fraud” and “conspiracy to commit election fraud,” among others.
I highlight those two statutes because they most plainly apply on their face. Georgia’s conspiracy-to-commit-election-fraud statute makes it a crime when one “conspires or agrees with another” to violate Georgia’s election laws and, crucially, states that “the crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been committed, regardless of whether the violation of this chapter is consummated.” In other words, the scheme does not have to succeed to be criminal.