Georgia Gonna F*ck Rudy Giuliani Up Too, Maybe?
You might see some headlines today saying Rudy Giuliani might get to go to Georgia jail. Don't get too excited ... yet.
But the Daily Beast has an interesting update on Fulton County District Attorney Fani Willis's investigation into Donald Trump and his efforts to get Georgia officials to help him steal that election he lost so hard.
Last time we had an update, we discussed how DA Willis may be exploring racketeering charges, which would require showing Trump and his minions engaged in a criminal enterprise, a pattern of corruption to get Georgia to "find" Trump those 11,780 votes. This would seem to be related, and Rudy Giuliani's name is in the Beast's headline. Turns out Willis may also be exploring false statements charges, possibly for Giuliani and also some others.
Would that be "unusual"? Yes, says the Daily Beast. But is everything Giuliani did around the country to help steal the election for Trump also "unusual"? Yes, say us all!
Indeed, the Beast says this would go directly to the "criminal enterprise" idea.
Giuliani [...] twice presented Georgia state legislators with fake evidence and wild allegations of a conspiracy theory to commit widespread election fraud. [...]
The idea here would be to prove that Trump and his lieutenants conspired in a "criminal enterprise" to undermine a legitimate election.
Several former Georgia district attorneys told The Daily Beast that investigators are likely relying on a state law that makes it a felony to "knowingly and willfully" make a false statement on "any matter within the jurisdiction" of the state government. The criminal charge carries a punishment of one to five years in prison.
Applying this state law to the former president's attorney would be a beyond-rare strategy, former prosecutors say. But then again, so was Team Trump's conduct after the election.
It might be helpful to remember all the moving parts here.
Of course, Willis is investigating Trump's perfect call with Georgia Secretary of State Brad Raffensperger, where Trump demanded they "find" him 11,780 votes, which just happened to be exactly the number he needed to beat Joe Biden. Willis is also investigating Trump's perfect call with Frances Watson, the lead investigator in Raffensperger's office, where Trump nudged her like a common mob boss in the direction of the county where Trump wanted them to "find" him all these votes.
Lindsey Graham's perfect call to Raffensperger not long after the election may also be involved.
Giuliani, acting on Trump's behalf, went before the Georgia state Senate Judiciary Subcommittee on Dec. 3, 2020 and laid out the bogus details of his election conspiracy claim.
Among his worst blatant lies: that the state counted 96,600 "phantom votes." That's the same bonkers claim that fueled Sidney Powell's attempt to overturn Georgia's election results with her so-called "Kraken" lawsuit — one that was promptly tossed out by a federal judge.
Aha. And of course Giuliani touted batshit "witnesses" with batshit "affidavits" and batshit "election experts" who weren't actually experts, and all kinds of other batshit. And specifically in Georgia:
Giuliani played an edited clip of surveillance video from the State Farm Arena in Atlanta, which he claimed proved ballot-counting irregularities. That video was later analyzed by state election officials, who went frame-by-frame with journalists to prove that there were no "mystery ballot boxes."
Giuliani repeated the effort one week later on Dec. 10, when he presented his case before the state's House Governmental Affairs Committee.
So they have a lot of things to look at with Rudolph Giuliani!
But again, don't get too excited, because this would be weird. A Georgia law expert the Beast spoke to said it would be "highly unusual" and an "uphill climb," partially because proving Giuliani lied would require that all the jurors in a hypothetical case actually agree that Rudy Giuliani is lying, and some of them probably would think Giuliani was saying the truth. That, after all, is how Fascist Big Lies work. Also, some of the very GOP lawmakers Giuliani fed his bullshit to, they are the same people trying to destroy the right to vote in Georgia right now, and they have also drunk the Flavor-Aid.
Meanwhile, one of Wonkette's resident lawyers commented simply: "I don't like these weirdo prosecutions."
On the other hand, a different Georgia law expert quoted by the Beast said actually this would be a perfect use of the false statements statute. That was Titus Nichols of Augusta, former violent crimes prosecutor, who now is a perfesser at the University of Georgia:
"When you start going deep into ridiculous theories, you cross that line from 'I'm giving my opinion,' to 'I'm purposely giving false information.'"
Giuliani's decision to present an edited video as fake evidence of a fake crime crosses that threshold, Nichols explained.
"He knows that he's lying when he says that. There are no secret ballots. That's him presenting false information. And with him being an attorney, it's even more clear that he's lying. As a lawyer, you can't just make up ridiculous theories," he said.
So ... who knows! Maybe there's something here, maybe there isn't, but it's just one more reason for Rudy Giuliani to stay up all night unable to sleep, aimlessly pulling his chram and wondering where it all went wrong, and Wonkette gives that its seal of approval.
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