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Trump claims he didn’t have ‘fair notice’ that Georgia actions could be illegal (www.independent.co.uk)

submitted 2 years ago by MicroWave@lemmy.world to c/news@lemmy.world

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The former president files several fresh motions to toss out Fulton County election interference charges

Attorneys for Donald Trump claim that the former president didn’t have “fair notice” that his attempts to reverse his Georgia loss in the 2020 presidential election could result in criminal charges against him.

A flurry of filings in Fulton County Superior Court on Monday argue that the sprawling election interference case against Mr Trump “consists entirely of core political speech at the zenith of First Amendment protections”.

Attorneys for the former president want the case dismissed on grounds that he has “presidential immunity” from actions while in office, that he was already acquitted for similar allegations in his second impeachment trial, and that he was never told that what he was doing in the state – where he is charged as part of an alleged racketeering scheme to unlawfully subvert the state’s election results – could be prosecuted.

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[–] michaelmrose@lemmy.world 6 points 2 years ago

if the election was stolen ... Trump’s actions to retain power were not only justified, but also imperative, and very much within the scope of his duties as president

Nope this doesn't follow. It would just mean that both actions would be equally illegal. There is no provision in law for one to break the law in order to remedy breaking the law.

you can argue there’s room for “better to ask for forgiveness than permission” in that context.

This actually basically never applies in real life. In real life we let the criminal off rather than incentivize breaking the law by declaring evidence so gained as fruits of a poisonous tree.

If you’re not sure whether there’s been a crime but there’s a massive time pressure and extremely high stakes (as would be the case if the election was actually stolen), you would need to act as if there was a crime

In the almost mythical stereotypical ticking time bomb scenario where morality can only be served by breaking the law the right thing after the bomb is diffused is to attempt to punish both cop and criminal. The cop in that scenario isn't above the law their actions are a willing sacrifice of their own well being in service of a higher good.

if you investigate, and there’s a crime, you’ve saved the world; if you investigate and there is no crime, then you will go to jail for it. That’s a bit unfair – so, a warning that, if you investigate this and there’s no crime, then you’re going to jail, might’ve been called for.

He did investigate. There were 60 some cases including in GA. There was a recount and so forth. None of this was a crime.

The crime was threatening the SOS and trying to get the SOS or other officials to "fix" the election after he lost. The crime was getting fake electors to swear on lawful papework that they were lawfully chosen electors.

None of this is even slightly legit. It is as obviously illegal as dealing heroin or hiring a contract killer. Nobody is required to discern the nature of your criminal conspiracy and warn you that you are plotting to commit a crime.