S9, Ep. 3: Is there a criminal case?

Is there a criminal case to be brought against former President Donald Trump and his allies for what happened in Georgia following the 2020 presidential election?

The third episode of “The Trump Grand Jury,” the ninth season of The Atlanta Journal-Constitution’s Breakdown podcast, explores that possibility. A Fulton County special purpose grand jury that is investigating the issue will ultimately recommend whether criminal charges should be brought.

In a letter to top state officials, District Attorney Fani Willis listed a half dozen laws the former president and others may have broken. They are: solicitation of election fraud, giving false statements, conspiracy, racketeering, violation of oath of office and making threats related to the administration of the state’s elections.

In Breakdown’s third episode – “Is There A Criminal Case?” – legal experts discuss a number of incidents, including Trump’s Jan. 2, 2020, call to Secretary of State Brad Raffensperger; his lawyer Rudy Giuliani’s testimony before state legislative committees; and the slate of fake electors who met in secret at the state Capitol the same day Democrats cast Georgia’s 16 Electoral College votes for Biden.

As to whether Trump broke the law, it depends on who you ask.

John Banzhaf, a professor of public interest law at George Washington University, doesn’t think it’s a close call.

“Looking specifically at the Trump situation, when I read and then heard the actual tape recording of the conversation, it jumped out at me as being about as clear and specific and unambiguous evidence of a crime,” he said.

But Atlanta lawyer Randy Evans, who served as Trump’s ambassador to Luxembourg, doesn’t see it that way.

“If we narrow down to the particulars of what I understand the DA to be looking into, which is whether there’s any criminal or illegal conduct, I don’t even think it’s really close, to be fair,” he said.

You can download the Breakdown podcast from Apple Podcasts, Spotify, Google Podcasts, Stitcher or your favorite podcasting platform. You can also stream it on your computer from ajc.com.

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