NotfooledbyW
Gold Member
- Jul 9, 2014
- 25,423
- 5,157
- 245
ndpndntthnkr.23.08.13
#44
lktr.23.08.25
#16
SOLICITATION OF
VIOLATION OF OATH BY PUBLIC OFFICER, O.C.G.A. §§ 16-4-7 & 16-10-1,
charge and accuse DONALD JOHN TRUMP with the offense of SOLICITATION OF
VIOLATION OF OATH BY PUBLIC OFFICER, O.C.G.A. §§ 16-4-7 & 16-10-1, for the
said accused, in the County of Fulton and State of Georgia, on or about the 7th day 0f
December 2020, unlawfully solicited, requested, and importuned Speaker of the Georgia House
of Representatives David Ralston, a public officer, to engage in conduct constituting the felony
offense of Violation of Oath by Public Ofiicer, O.C.G.A. § 16-10-1, by calling for a special
session of the Georgia General Assembly for the purpose of unlawfully appointing presidential electors from the State of Georgia, in willful and intentional Violation of the terms of the oath of
said person as prescribed by law, with intent that said person engage in said conduct, contrary to the laws of said State, the good order, peace and dignity thereof;
Solicitation of any crime (whether of the misdemeanor or felony variety) is simply the asking that another person commit some underlying crime. That asking, as is detailed in the statute above, can take a gentle form (such as a request), or a more aggressive form (like a command). Regardless of the method used, though, asking someone to commit a crime is itself a crime (so long as the person doing the asking has the intent the the crime actually occur).
In the context of the Trump phone call, several of the president’s statements to Raffensperger appear to indicate a request that Raffensperger break the law. The president repeatedly asked that Secretary Raffensperger “find” 11,780 votes in his favor, or “recalculate” legitimately cast votes. If Raffensperger were to manipulate votes this way, it would constitute a crime; therefore, Trump’s asking him to do so constitutes the crime of solicitation.
On or about the 5th day 0f January 2021, JENNA LYNN ELLIS wrote a memorandum titled "Re: Vice President Authority in Counting Electors pursuant to U.S. Constitution and 3 U.S. Code §§ 5 and 15" to an attorney associated with DONALD JOHN TRUMP. The memorandum outlined a strategy for disrupting and delaying the joint session of Congress on January 6, 2021, the day prescribed by law for counting votes cast by the duly elected and qualified presidential electors from Georgia and the other states, and stated, "the Vice President should begin alphabetically in order of the states, and coming first to Arizona, not open the purported certification, but simply stop the count at that juncture." This was an overt act in furtherance of the conspiracy.
#44
lktr.23.08.25
#16
SOLICITATION OF
VIOLATION OF OATH BY PUBLIC OFFICER, O.C.G.A. §§ 16-4-7 & 16-10-1,
And the Grand Jurors aforesaid, in the name and behalf of the citizens of Georgia, docharge and accuse DONALD JOHN TRUMP with the offense of SOLICITATION OF
VIOLATION OF OATH BY PUBLIC OFFICER, O.C.G.A. §§ 16-4-7 & 16-10-1, for the
said accused, in the County of Fulton and State of Georgia, on or about the 7th day 0f
December 2020, unlawfully solicited, requested, and importuned Speaker of the Georgia House
of Representatives David Ralston, a public officer, to engage in conduct constituting the felony
offense of Violation of Oath by Public Ofiicer, O.C.G.A. § 16-10-1, by calling for a special
session of the Georgia General Assembly for the purpose of unlawfully appointing presidential electors from the State of Georgia, in willful and intentional Violation of the terms of the oath of
said person as prescribed by law, with intent that said person engage in said conduct, contrary to the laws of said State, the good order, peace and dignity thereof;
On or about the 6th day of January 2021, DONALD JOHN TRUMP caused to be tweeted from the Twitter account @RealDonaldTrump, "If Vice President @Mike_Pence comes through for us, we will Win the Presidency. Many States want to decertify the mistake they made in certifying incorrect & even fraudulent numbers in a process NOT approved by their State Legislatures (which it must be). Mike can send it back!" This was an overt act in furtherance of the conspiracy.
On or about the 6th day of January 2021, DONALD JOHN TRUMP caused to be tweeted from the Twitter account @RealDonaldTrump, "States want to correct their votes, which they now know were based on irregularities and fraud, plus corrupt process never received legislative approval. All Mike Pence has to do is send them back to the States, AND WE WIN. Do it Mike, this is a time for extreme courage!" This was an overt act in furtherance of the conspiracy.
On or about the 6th day of January 2021, DONALD JOHN TRUMP placed a telephone call t0 Vice President Mike Pence and solicited him to disrupt and delay the joint session of Congress on January 6, 2021, the day prescribed by law for counting votes cast by the duly elected and qualified presidential electors from Georgia and the other states. When Pence refused, DONALD JOHN TRUMP stated that Pence would "go down as a wimp" and that Pence was not protecting the United States. This was an overt act in furtherance of the conspiracy.
On or about the 6th day of January 2021, DONALD JOHN TRUMP caused to be tweeted from the Twitter account @RealDonaldTrump, "If Vice President @Mike_Pence comes through for us, we will Win the Presidency. Many States want to decertify the mistake they made in certifying incorrect & even fraudulent numbers in a process NOT approved by their State Legislatures (which it must be). Mike can send it back!" This was an overt act in furtherance of the conspiracy.
On or about the 6th day of January 2021, DONALD JOHN TRUMP caused to be tweeted from the Twitter account @RealDonaldTrump, "States want to correct their votes, which they now know were based on irregularities and fraud, plus corrupt process never received legislative approval. All Mike Pence has to do is send them back to the States, AND WE WIN. Do it Mike, this is a time for extreme courage!" This was an overt act in furtherance of the conspiracy.
On or about the 6th day of January 2021, DONALD JOHN TRUMP placed a telephone call t0 Vice President Mike Pence and solicited him to disrupt and delay the joint session of Congress on January 6, 2021, the day prescribed by law for counting votes cast by the duly elected and qualified presidential electors from Georgia and the other states. When Pence refused, DONALD JOHN TRUMP stated that Pence would "go down as a wimp" and that Pence was not protecting the United States. This was an overt act in furtherance of the conspiracy.
On or about the 6th day of January 2021, DONALD JOHN TRUMP appeared and spoke at a rally at the Ellipse in Washington, D.C. During the rally, DONALD JOHN TRUMP made false statements concerning fraud in the November 3, 2020, presidential election in Georgia and elsewhere, solicited Vice President Mike Pence to disrupt and delay the joint session of Congress on January 6, 2021, the day prescribed by law for counting votes cast by the duly elected and qualified presidential electors from Georgia and the other states, and encouraged those in attendance at the rally to march to the United States Capitol. This was an overt act in furtherance ofthe conspiracy.
On or about the 5th day of January 2021, DONALD JOHN TRUMP caused to be tweeted from the Twitter account @RealDonaldTrump, "The Vice President has the power to reject fraudulently chosen electors." This was an overt act in furtherance of the conspiracy.
On or about the 4th day of November 2020, DONALD JOHN TRUMP made a nationally televised speech falsely declaring victory in the 2020 presidential election. Approximately four days earlier, on or about October 31, 2020, DONALD JOHN TRUMP discussed a draft speech with unindicted coconspirator Individual l, whose identity is known to the Grand Jury, that falsely declared victory and falsely claimed voter fraud. The speech was an overt act in furtherance of the conspiracy.
On or about the 5th day of January 2021, DONALD JOHN TRUMP met with Vice President Mike Pence in the Oval Office at the White House. During the meeting, DONALD JOHN TRUMP stated that Pence had the power to decertify the November 3, 2020, presidential election results, that people cheated, and that Pence wanted to "play by Marquess of Queensberry rules." When Pence stated that it was his duty to support and defend the Constitution and that only Congress had the power to decide to reject slates of presidential electors, DONALD JOHN TRUMP stated that Pence was naive, implied that he lacked courage, and stated that Pence was doing "a great disservice." This was an overt act in furtherance of the conspiracy.
On or about the 5th day of January 2021, DONALD JOHN TRUMP placed a telephone call to Vice President Mike Pence. During the telephone call, DONALD JOHN TRUMP and JOHN CHARLES EASTMAN attempted to persuade Pence to reject slates of presidential electors or return the slates of presidential electors to state legislatures. This was an overt act in furtherance of the conspiracy.
On or about the 5th day of January 2021, DONALD JOHN TRUMP placed a second telephone call to Vice President Mike Pence. During the telephone call, DONALD JOHN TRUMP asked Pence if he had received a copy of a letter from a group of Pennsylvania legislators urging Congress to return the state's electoral college votes and stated to Pence, "You gotta be tough tomorrow." This was an overt act in furtherance of the conspiracy.
On or about the 5th day of January 2021, DONALD JOHN TRUMP issued a statement through the Trump Campaign that falsely stated, "The Vice President and I are in total agreement that the Vice President has the power to act. Our Vice President has several options under the U.S. Constitution. He can decertify the results or send them back to the states for change and certification. He can also decertify the illegal and corrupt results and send them to the House of Representatives for the one vote for one state tabulation." This was an overt act in furtherance ofthe conspiracy.
On or about the 27th day of November 2020, DONALD JOHN TRUMP placed a telephone call to President Pro Tempore of the Pennsylvania Senate Jake Corman for the purpose of soliciting, requesting, and importuning Corman to unlawfully appoint presidential electors from Pennsylvania. This was an overt act in furtherance of the conspiracy.
On or about the 20th day of November 2020, DONALD JOHN TRUNIP and MARK RANDALL MEADOWS met with Majority Leader of the Michigan Senate Michael Shirkey, Speaker of the Michigan House of Representatives Lee Chatfield, and other Michigan legislators in the Oval Office at the White House, and DONALD JOHN TRUMP made false statements concerning fiaud in the November 3, 2020, presidential election in Michigan. RUDOLPH WILLIAM LOUIS GIULIANI joined the meeting by telephone. This meeting was an overt act in furtherance ofthe conspiracy.
On or about the 22nd day of November 2020, DONALD JOHN TRUMP and RUDOLPH WILLIAM LOUIS GIULIANI placed a telephone call to Speaker of the Arizona House of Representatives Russell "Rusty" Bowers. During the telephone call, RUDOLPH WILLIAM LOUIS GIULIANI made false statements concerning fraud in the November 3, 2020, presidential election in Arizona and solicited, requested, and importuned Bowers t0 unlawfiJlly appoint presidential electors from Arizona. Bowers declined and later testified to the United States House of Representatives Select Committee to Investigate the January 6th Attack on the United States Capitol that he told DONALD JOHN TRUMP, "I would not break my oath." The false statementso and solicitations were overt acts in furtherance of the conspiracy.
Act 8. On or about the 25th day of November 2020, RUDOLPH WILLIAM LOUIS GIULIANI and JENNA LYNN ELLIS appeared, spoke, and presented witnesses at a meeting of Pennsylvania legislators in Gettysburg, Pennsylvania. During the meeting, RUDOLPH WILLIAM LOUIS GIULIANI made false statements concerning fraud in the November 3, 2020, presidential election in Pennsylvania and solicited, requested, and importuned the Pennsylvania legislators present at the meeting to unlawfully appoint presidential electors from Pennsylvania. During the meeting, JENNA LYNN ELLIS solicited, requested, and importuned the Pennsylvania legislators present at the meeting to unlawfully appoint presidential electors from Pennsylvania. DONALD JOHN TRUMP joined the meeting by telephone, made false statements concerning fiaud in the November 3, 2020, presidential election in Pennsylvania, and solicited, requested, and importuned the Pennsylvania legislators present at the meeting to unlawfully appoint presidential electors from Pennsylvania. These were overt acts in furtherance ofthe conspiracy.
On or about the 25th day of November 2020, immediately after the meeting of Pennsylvania legislators in Gettysburg, Pennsylvania, where RUDOLPH WILLIAM LOUIS GIULIANI and JENNA LYNN ELLIS appeared, spoke, and presented witnesses, DONALD JOHN TRUMP invited a group of the Pennsylvania legislators and others to meet with him at the White House. Later that day, DONALD JOHN TRUMP, MARK RANDALL MEADOWS, RUDOLPH WILLIAM LOUIS GIULIANI, JENNA LYNN ELLIS and unindicted co-conspirators Individual 5 and Individual 6, whose identities are known to the Grand Jury, met with the group of Pennsylvania legislators at the White House and discussed holding a special session of the Pennsylvania General Assembly. These were overt acts in flirtherance ofthe conspiracy.
On or about the 27th day of November 2020, DONALD JOHN TRUMP placed a telephone call to President Pro Tempore of the Pennsylvania Senate Jake Corman for the purpose of soliciting, requesting, and importuning Corman to unlawfully appoint presidential electors from Pennsylvania. This was an overt act in furtherance of the conspiracy.
On or between the 1st day of December 2020 and the 31st day of December 2020, DONALD JOHN TRUMP and MARK RANDALL MEADOWS met with John McEntee and requested that McEntee prepare a memorandum outlining a strategy for disrupting and delaying the joint session of Congress on January 6, 2021, the day prescribed by law for counting votes cast by the duly elected and qualified presidential electors from Georgia and the other states. The strategy included having Vice President Michael R. "Mike" Pence count only half of the electoral votes from certain states and then return the remaining electoral votes to state legislatures. The request was an overt act in furtherance of the conspiracy.
On or about the 3rd day 0f December 2020, DONALD JOHN TRUMP caused to be tweeted from the Twitter account @RealDonaldTrump, "Wow! Blockbuster testimony taking place right now in Georgia. Ballot stuffing by Dems when Republicans were forced to leave the large counting room. Plenty more coming, but this alone leads to an easy win of the State!" This was an overt act in filrtherance of the conspiracy.
.On or about the 3rd day 0f December 2020, DONALD JOHN TRUMP caused to be tweeted from the Twitter account @RealDonaldTrump, "People in Georgia got caught cold bringing in massive numbers of ballots and putting them in 'voting' machines. Great job @BrianKempGA!" This was an overt act in furtherance of the conspiracy.
On or about the 3rd day of December 2020, DONALD JOHN TRUMP met with Speaker of the Pennsylvania House of Representatives Bryan Cutler in the Oval Office at the White House and discussed holding a special session of the Pennsylvania General Assembly. This was an overt act in furtherance of the conspiracy.
On or between the 3rd day of December 2020 and the 26th day of December 2020, DONALD JOHN TRUMP placed a telephone call to President Pro Tempore of the Georgia Senate Butch Miller. This was an overt act in furtherance of the conspiracy.
On or about the 5th day of December 2020, DONALD JOHN TRUMP placed a telephone call to Georgia Governor Brian Kemp and solicited, requested, and importuned Kemp to call a special session of the Georgia General Assembly. This was an overt act in furtherance of the conspiracy.
On or about the 6th day of December 2020, DONALD JOHN TRUMP caused to be tweeted from the Twitter account @RealDonaldTrump, "Gee, what a surprise. Has anyone informed the so-called (says he has no power to do anything!) Governor @BrianKempGA & his puppet Lt. Governor @GeoffDuncanGA, that they could easily solve this mess, & WIN. Signature verification & call a Special Session. So easy! 'https://t.co/5cb4QdepU." This was an overt act in furtherance of the conspiracy.
On or about the 7th day 0f December 2020, DONALD JOHN TRUMP requested that Bill White, an individual associated with the Trump Campaign then residing in Fulton County, Georgia, provide him with certain information, including contact information for Majority Leader of the Georgia Senate Mike Dugan and President Pro Tempore of the Georgia Senate Butch Miller. The following day, White sent an email containing the requested information to RUDOLPH WILLIAM LOUIS GIULIANI, unindicted co-conspirator Individual 5, whose identity is known to the Grand Jury, and others. This request was an overt act in furtherance of the conspiracy.
On or about the 7th day of December 2020, DONALD JOHN TRUMP committed the felony offense of SOLICITATION OF VIOLATION OF OATH BY PUBLIC OFFICER, in Violation of O.C.G.A. §§ 16-4-7 & 16-10-1, in Fulton County, Georgia, by unlawfully soliciting, requesting, and importuning Speaker of the Georgia House of Representatives David Ralston, a public officer, to engage in conduct constituting the felony offense of Violation of Oath by Public Officer, O.C.G.A. § 1610-1, by calling a special session of the Georgia General Assembly for the purpose of unlawfully appointing presidential electors from Georgia, in willful and intentional Violation of the terms of the oath of said person as prescribed by law, with intent that said person engage in said conduct. This was an overt act in furtherance of the conspiracy. Act 43.
On or about the 8th day of December 2020, DONALD JOHN TRUMP placed a telephone call to Georgia Attorney General Chris Carr for the purpose of making false statements concerning fraud in the November 3, 2020, presidential election in-Georgia and elsewhere. During the telephone call, DONALD JOHN TRUMP asked Carr not to discourage other state attorneys general fiom joining a federal lawsuit filed by the State of Texas contesting the administration of the November 3, 2020, presidential election in Georgia, Michigan, Pennsylvania, and Wisconsin. This was an overt act in furtherance of the conspiracy.
On or about the 8th day of December 2020, DONALD JOHN TRUMP and JOHN CHARLES EASTMAN placed a telephone call to Republican National Committee Chairwoman Ronna McDaniel to request her assistance gathering certain individuals to meet and cast electoral votes for DONALD JOHN TRUMP on December 14, 2020, in certain states despite the fact that DONALD JOHN TRUMP' lost the November 3, 2020, presidential election in those states. This year was an overt act in furtherance of the conspiracy.
On or about the 14th day 0f December 2020, DONALD JOHN TRUMP caused to be tweeted from the Twitter account @RealDonaldTrump, "What a fool Governor @BrianKempGA of Georgia is. Could have been so easy, but now we have to do it the hard way. Demand this clown call a Special Session and open up signature verification, NOW. Otherwise, could be a bad day for two GREAT Senators on January 5th." This was an overt act in furtherance of the conspiracy.
On or about the 18th day of December 2020, DONALD JOHN TRUMP met with RUDOLPH WILLIAM LOUIS GIULIANI, SIDNEY KATHERINE POWELL, unindicted co-conspirator Individual 20, whose identity is known to the Grand Jury, and others at the White House. The individuals present at the meeting discussed certain strategies and theories intended to influence the outcome of the November 3, 2020, presidential election, including seizing voting equipment and appointing SIDNEY KATHERINE POWELL as special counsel with broad authority to investigate allegations of voter fraud in Georgia and elsewhere. This was an overt act in furtherance ofthe conspiracy.
On or about the 23rd day of December 2020, DONALD JOHN TRUMP placed a telephone call to Office of the Georgia Secretary of State Chief Investigator Frances Watson that had been previously arranged by MARK RANDALL MEADOWS. During the phone call, DONALD JOHN TRUMP falsely stated that he had won the November 3, 2020, presidential election in Georgia "by hundreds of thousands of votes" and stated to Watson that "when the right answer comes out you'll be praised." This was an overt act in furtherance of the conspiracy
On or about the 25th day of December 2020, DONALD JOHN TRUMP placed a telephone call to Speaker of the Arizona House of Representatives Rusty Bowers for the purpose of soliciting, requesting, and importuning the Bowers to unlawfully appoint presidential electors from Arizona. During the call, Bowers stated to Trump, "I voted for you. I worked for you. I campaigned for you. I just won't d0 anything illegal for you." This telephone call was an overt act in furtherance of the conspiracy.
On or about the 27th day of December 2020, DONALD JOHN TRUMP solicited Acting United States Attorney General Jeffrey Rosen and Acting United States Deputy Attorney General Richard Donoghue to make a false statement by stating, "Just say that the election was corrupt, and leave the rest to me and the Republican congressmen." This was an overt act in furtherance of the conspiracy.
On or about the 28th day of December 2020, JEFFREY BOSSERT CLARK attempted to commit the felony ofiense of FALSE STATEMENTS AND WRITINGS, in violation of O.C.G.A. § 16-10-20, in Fulton County, Georgia, by knowingly and willfully making a false writing and document knowing the same to contain the false statement that the United States Department of Justice had "identified significant concerns that may have impacted the outcome of the election in multiple States, including the State of Georgia," said statement being within the jurisdiction of the Office of the Georgia Secretary of State and the Georgia Bureau of Investigation, departments and agencies of state government, and county and city law enforcement agencies; And on or about the 28th day of December 2020, JEFFREY BOSSERT CLARK sent an e-mail to Acting United States Attorney General Jeffrey Rosen and Acting United States Deputy Attorney General Richard Donoghue and requested authorization to send said false writing and document to Georgia Governor Brian Kemp, Speaker of the Georgia House of Representatives David Ralston, and President Pro Tempore of the Georgia Senate Butch Miller, which constitutes a substantial step toward the commission of False Statements and Writings, O.C.G.A. § 16-1020. This was an act of racketeering activity under O.C.G.A. § 16-14- 3(5)(A)(xxii) and an overt act in furtherance of the conspiracy.
On or about the 30th day of December 2020, DONALD JOHN TRUMP caused to be tweeted from the Twitter account @RealDonaldTrump, "Hearings from Atlanta on the Georgia Election overturn now being broadcast. Check it out. @OANN @newsmax and many more. @BrianKempGA should resign from office. He is an obstructionist who refuses to admit that we won Georgia, BIG! Also won the other Swing States." This was an overt act in furtherance of the conspiracy.
On or about the 30th day of December 2020, DONALD JOHN TRUMP caused to be tweeted from the Twitter account @RealDonaldTrump, "Hearings from Atlanta on the Georgia Election overturn now being broadcast LIVE via @RSBNetwork! https://t.co/ogBvaKfqG." This was an overt act in furtherance of the conspiracy.
Solicitation of any crime (whether of the misdemeanor or felony variety) is simply the asking that another person commit some underlying crime. That asking, as is detailed in the statute above, can take a gentle form (such as a request), or a more aggressive form (like a command). Regardless of the method used, though, asking someone to commit a crime is itself a crime (so long as the person doing the asking has the intent the the crime actually occur).
In the context of the Trump phone call, several of the president’s statements to Raffensperger appear to indicate a request that Raffensperger break the law. The president repeatedly asked that Secretary Raffensperger “find” 11,780 votes in his favor, or “recalculate” legitimately cast votes. If Raffensperger were to manipulate votes this way, it would constitute a crime; therefore, Trump’s asking him to do so constitutes the crime of solicitation.
On or about the 5th day 0f January 2021, JENNA LYNN ELLIS wrote a memorandum titled "Re: Vice President Authority in Counting Electors pursuant to U.S. Constitution and 3 U.S. Code §§ 5 and 15" to an attorney associated with DONALD JOHN TRUMP. The memorandum outlined a strategy for disrupting and delaying the joint session of Congress on January 6, 2021, the day prescribed by law for counting votes cast by the duly elected and qualified presidential electors from Georgia and the other states, and stated, "the Vice President should begin alphabetically in order of the states, and coming first to Arizona, not open the purported certification, but simply stop the count at that juncture." This was an overt act in furtherance of the conspiracy.
