In recent years, Dan Quayle certified the votes that elected Bill Clinton over George H.W. This result is antithetical to our democracy. If successful, Trump’s efforts would have displaced the outcome of a free and fair election in favor of the losing candidate. ![]() All three factors favor prosecution of Trump.įirst, the nature and seriousness of the offense is clear. To answer this question, prosecutors are instructed to consider several factors, at least three of which are relevant here: the nature and seriousness of the offense, the deterrent effect of prosecution and the person’s culpability. ![]() So, the key question becomes whether prosecution would serve no substantial federal interest. 6 attack, civil liability in those cases is insufficient to capture his broader months-long criminal conspiracy to subvert the presidential election. And although civil suits have been filed against Trump for his conduct resulting in death and property damage in the Jan. Trump was impeached, but not convicted for his role in the Jan. Similarly, non-criminal alternatives are inadequate to hold Trump accountable. Trump’s misconduct is far more extensive than that, and includes pressuring Vice President Mike Pence to throw out others states’ vote certifications, soliciting alternative slates of electors and attempting to use DOJ for “an improper purpose.” Trump’s alleged misconduct victimized not just the people of Georgia, but all U.S. The Georgia investigation relates solely to Trump’s efforts to coerce Secretary of State Brad Raffensperger to “find” him 11,780 votes to subvert the choice of that state’s voters. ![]() A prosecution in Georgia, for instance, would not effectively vindicate the federal interests at stake. Here, items two and three are easily dismissed.
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