Even before the hearings, Ms. Willis had two pieces of compelling evidence against the former president. The first was the recording of the conversation on Jan. 2, 2021, in which he urged Brad Raffensperger, the Georgia secretary of state, to “find 11,780 votes.” The second was the phony electoral slate that Trump electors sent to Congress and the National Archives on Dec. 14. No matter what Mr. Trump or his allies may have believed about the election results, they were not permitted to demand the creation of nonexistent votes or to forge official documents.
Ms. Willis is in a very favorable jurisdiction to prosecute charges. Arguably more so than comparable federal statutes, the state’s laws for crimes like solicitation to commit election fraud appear to offer a close fit with the accusations against Mr. Trump and his allies, which include asking for those fraudulent votes or electors. Georgia law also allows Ms. Willis to sweep a broader array of Mr. Trump’s alleged wrongful acts under the state racketeering statute than the more narrowly defined federal one would.
It is also to Ms. Willis’s advantage that she is a state official and not a federal one. Any charges brought by the attorney general of a president against his former election opponent are fraught with ethical questions of politics. Ms. Willis has less partisan baggage than her federal counterparts.
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