President Donald Trump’s phone call to Georgia’s secretary of state raised the prospect that Trump may have violated laws barring interference in federal or state elections, but it would be difficult to pursue a charge, reports the New York Times. The conversation between Trump and Georgia Secretary of State Brad Raffensperger led lawyers to conclude that by pressuring Raffensperger to “find” the votes he would need to reverse the election outcome in the state, Trump either broke the law or came close to it. “It seems to me like what he did clearly violates Georgia statutes,” said Leigh Ann Webster, an Atlanta criminal defense lawyer, citing a state law making it illegal for anyone who “solicits, requests, commands, importunes or otherwise attempts to cause the other person to engage” in election fraud. Anyone who “knowingly and willfully deprives, defrauds or attempts to deprive or defraud the residents of a fair and impartially conducted election process” is breaking federal law. Raffensperger said Monday that the Fulton County district attorney in Atlanta “wants to look at it,” The Guardian reports.
Matthew Sanderson, a Republican election lawyer, said that lacking clear evidence of Trump’s intent to follow up on any apparent threat, “Ultimately, I doubt this is behavior that would be prosecuted.” Michael Bromwich, a former Justice Department inspector general, believes Trump violated federal law. He said, “It is unlikely federal prosecutors would bring such a case,” but it certainly was god awful and unbelievable.” David Worley, a Democratic member of the Georgia State Election Board, asked Raffensperber to investigate whether the call violated state law. Trevor Potter, Republican former chairman of the Federal Election Commission, said, “Even if the Biden Justice Department thinks they have a good case, is that how they want to start off the Biden presidency? That is a policy decision.”