New Brookings Report: Trump Is At “Substantial Risk Of Criminal Prosecution” In Georgia
A new report from the Brookings Institution, released today, considers the relevant facts and context of the push by former President Donald Trump and his allies to overturn the 2020 election results in Georgia.
The Brookings report asserts that Trump’s post-election conduct in Georgia leaves him at substantial risk of criminal prosecution in Fulton County, Georgia.
A criminal investigation of Trump’s potential criminal conduct is being carried out by the Fulton County District Attorney Fani Willis.
The Brookings report, authored by Amb. Norman Eisen (ret.), Donald Ayer, Noah Bookbinder, Gwen Keyes Fleming, Colby Galliher, Joshua Matz, Debra Perlin, and Jason Powell, updates and expands on a first edition of the report published by Brookings last year.
“The Brookings report effectively addresses one of a number of investigations taking place into potential criminal activities by former President Trump and his associates, including two Justice Department investigations,” according to Democracy 21 President Fred Wertheimer. “With former President Trump expected to announce his third run for President tomorrow, these investigations must not be deterred and must follow the facts and the law wherever they lead.”
The Brookings report analyzes the extent to which Trump’s actions make him vulnerable to state criminal liability and assesses how Trump’s attorneys may defend his pre- and post-indictment proceedings, as well as in the court of public opinion.
“Georgia was an obsessive focus of Donald Trump’s campaign to overturn the 2020 election,” Eisen, a co-author of the report said. Former President Trump “relentlessly maligned Georgia officials, dispatched his lawyers and aides to the state to attempt to convince legislators to thwart the will of Georgia voters, and urged the secretary of state to ‘find 11,780 votes’ that did not exist to tilt the election in his favor. He also appears to have been involved in the national plan to promote false electoral slates, one of which in fact emerged in Georgia. This conduct may have violated a host of Georgia criminal laws and this report analyzes those possible violations, the related facts, and Trump’s possible defenses.”
A review of the facts and law, co-author Bookbinder notes, “makes clear that Trump and others likely violated numerous Georgia criminal laws. This conduct threatened the very foundations on which our democracy is built, and it is crucial that the Fulton County District Attorney’s thorough investigation is continuing to move forward.”
Following the November 2020 election, Trump claimed victory in Georgia before the vote counting was completed, began alleging voter fraud in the state, and started pressuring state officials to diverge from state election procedures. Meanwhile, his campaign and allies filed lawsuits in state and federal courts challenging his loss.
In December 2020, Trump reportedly began to place calls directly to Georgia officials, including to the Governor and Attorney General, urging them to support efforts aimed at decertifying his loss. Trump’s lawyer Rudy Guiliani appeared before the Georgia legislature and repeated allegations of fraud in an attempt to convince state lawmakers to overturn the election results. A Trump loyalist in the Justice Department unsuccessfully tried to convince the Acting Attorney General to send a letter to Georgia officials raising questions about the state’s election results. Finally, Trump called Georgia Secretary of State Brad Raffensperger and asked him to “find” 11,780 votes – one more than Trump needed to win the state’s presidential election.
These actions prompted a criminal investigation by Willis, the Fulton County District Attorney, which launched in February 2021. In January 2022, Willis announced she would convene a special purpose grand jury to examine whether Georgia criminal laws have been violated. The fact-finding phase of the investigation is expected to finish by the end of this year.
Based on their analysis, the authors of the Brookings report believe the potential criminal charges include:
- Criminal solicitation to commit election fraud;
- Intentional interference with performance of election duties;
- Conspiracy to commit election fraud;
- Criminal solicitation; and
- State Racketeering Influenced and Corrupt Organizations (RICO) Act violations.
