Georgia: “Trump’s state of mind central to Fulton DA’s investigation”

Atlanta Journal-Constitution:

Should Fulton County prosecutors decide to advance a case against Donald Trump, a key factor they must prove is that the former president knew his conduct was unlawful as he sought to overturn the 2020 election results in Georgia.

But nearly a year after the leak of Trump’s phone call to Brad Raffensperger, in which he urged the secretary of state to “find” him the 11,780 votes to overcome President Joe Biden’s win here, legal observers are divided over how easy thattask could be.

Some view that Jan. 2 conversation, as well as reports of other calls Trump placed to top Georgia officials in the preceding weeks, as indisputable evidence that the former president had the requisite criminal intent to be in violation of state laws barring election meddling. They wonder why it’s taking District Attorney Fani Willis so long to move forward with charging Trump 11 months after she launched a criminal investigation.

“The intent is in the words. The intent is in the goal, in the motive,” said Glenn Kirschner, a former federal prosecutor. “The unspoken subtext of his words when he says ‘just find me 11,780 votes’ is ‘I’m happy to win at all costs, including by stealing votes, cheating or lying to deprive Joe Biden of his win.’ That’sa crime caught on audiotape.”

Others argue that it will be difficult for prosecutors to meet the high legal standard for proving such intent in the courtroom.

“Whatever somebody may think about what was in the president’s head, there is a not unreasonable argument that the president believed a certain set of facts that were favorable to him about the outcome of the election,” said Brandon Bullard, an Atlanta-based appellate attorney and former public defender.

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