{"id":1437026,"date":"2023-11-04T23:15:00","date_gmt":"2023-11-05T03:15:00","guid":{"rendered":"https:\/\/bugaluu.com\/news\/?p=1437026"},"modified":"2023-11-04T23:15:00","modified_gmt":"2023-11-05T03:15:00","slug":"election-group-slapped-with-rico-says-it-can-prove-trump-won-georgia-in-2020","status":"publish","type":"post","link":"https:\/\/bugaluu.com\/news\/election-group-slapped-with-rico-says-it-can-prove-trump-won-georgia-in-2020\/1437026\/","title":{"rendered":"Election Group Slapped With RICO Says It Can Prove Trump Won Georgia In 2020"},"content":{"rendered":"

Election Group Slapped With RICO Says It Can Prove Trump Won Georgia In 2020<\/span><\/p>\n

\n

Authored by Samantha Flom via The Epoch Times<\/a> (emphasis ours),<\/em><\/p>\n

Former Black Voices for Trump leader Harrison Floyd\u2019s legal team intends to prove his innocence of claims he unlawfully participated in an election subversion plot in Fulton County, Georgia, by showing that former President Donald Trump won the state\u2019s 2020 presidential election.<\/strong><\/p>\n

Harrison Floyd, as seen in an undated mugshot, is the only one of the 19 Fulton County defendants to be held in jail without bond. (Fulton County Sheriff’s Department)<\/em><\/a><\/p>\n

Mr. Floyd was charged on Aug. 14 alongside the 45th president and 17 other co-defendants with violating Georgia\u2019s Racketeer Influenced and Corrupt Organizations (RICO) Act, conspiracy to commit solicitation of false statements and writings, and influencing witnesses.<\/p>\n

He was the only defendant to spend time in jail due to the indictment before he was released on bond on Aug. 30.<\/p>\n

\u201cYour Honor, this case isn\u2019t about whether you or I think that Donald Trump lost the election. It\u2019s about what Mr. Floyd believed at the time<\/strong>,\u201d noted Chris Kachouroff, one of Mr. Floyd\u2019s defense attorneys, at a Nov. 3 hearing before Judge Scott McAfee.<\/p>\n

\n

\u201cIt\u2019s also [about] what the false statements are alleged to have been, and indeed, are they really false,\u201d he said.<\/p>\n

Opening the Door<\/strong><\/h2>\n

The judge ordered the hearing in response to motions to quash three sweeping subpoenas Mr. Floyd\u2019s legal team served to the office of Georgia Secretary of State Brad Raffensperger, the Fulton County Clerk of Courts, and the Fulton County Board of Elections.<\/p>\n<\/div>\n

Materials the attorneys requested included the ballot images and envelopes for all absentee ballots cast in the 2020 general election, all absentee ballot application forms, reports from the Dominion voting machines used, and all laptops and poll pads used by election workers, along with other documents, files, and drives.<\/p>\n

Attorneys also requested all documents and recordings concerning the secretary of state\u2019s post-election investigation into allegations of election fraud.<\/p>\n

\u201cThe state chose to open this door,\u201d Mr. Kachouroff said. \u201cIt is a broad and sweeping complaint. They opened the door wide open for us to walk in and ask for these things.\u201d<\/p>\n

The attorney noted that the 98-page indictment repeatedly asserts as fact that President Trump lost the 2020 election in Georgia, and the charges against Mr. Floyd are predicated on that claim. But if Fulton County District Attorney Fani Willis is wrong and President Trump actually won the election, then Mr. Floyd cannot be guilty of soliciting \u201cfalse statements and writings\u201d that conveyed as much.<\/strong><\/p>\n

The indictment also maintains that Mr. Floyd and the other co-defendants were aware that President Trump lost the election and that their actions constituted an unlawful conspiracy to change the results in his favor.<\/p>\n

That assertion, Mr. Kachouroff said, would also be undermined by proof that the former president won or even just proof that the election\u2019s outcome is uncertain. And the subpoenaed materials, he argued, are likely to contain that proof.<\/p>\n

\u201cWe could make that argument that he\u2019s innocent no matter what happened,\u201d he noted. \u201cAnd, of course, we would. We\u2019re defense attorneys; that\u2019s what we do.<\/p>\n

\n

\u201cBut at the end of the day, those are the possible options down the road that could arise. Right now, we believe we\u2019re at Option 1, that President Trump indeed won the election, and we can prove it\u2014with respect to Fulton County.\u201d<\/p>\n

Pushback<\/strong><\/h2>\n

Mr. Raffensperger\u2019s office, represented by Attorney Jackson Sharmon III, has argued that the broad scope of materials requested by the defense would place an \u201cundue burden\u201d on an entity that is not even a party in the case.<\/p>\n<\/div>\n

Contesting the subpoena before the judge, Mr. Sharmon said the requested documents contain \u201clittle, if anything,\u201d relevant to Mr. Floyd\u2019s defense.<\/p>\n

\u201cIf the purpose is state of mind, his intent, the documents we would produce\u2014which he didn\u2019t know about, he didn\u2019t have\u2014are not going to have any effect on the determination of his intent at the time he allegedly undertook the acts that are in the indictment.\u201d<\/p>\n

Mr. Sharmon also challenged the defense\u2019s argument that proving President Trump won the election would necessarily erase the possibility that Mr. Floyd had criminal intent.<\/p>\n

\u201cWith all due respect, I don\u2019t think that\u2019s the case,\u201d he said. \u201cThat\u2019s not the way intent, in a criminal case, is adjudicated.\u201d<\/p>\n

Meanwhile, attorneys for Fulton County said it could take months to produce the requested materials. And in terms of relevance, they pointed to Mr. Kachouroff\u2019s admission that he could argue his client\u2019s innocence even without the requested materials as evidence they weren\u2019t needed.<\/p>\n

But for Mr. Kachouroff, the state\u2019s arguments didn\u2019t negate his client\u2019s right to those materials.<\/p>\n

\u201cHarrison Floyd is looking at between eight and 33 years.<\/strong> That\u2019s his liberty interest. Courts take liberty interest very seriously so that liberty interest overcomes any burden the state has to be set back by a month or two or three.\u201d<\/p>\n

By the end of the hearing, the three subpoenas were reduced to two as it was revealed that the Board of Elections did not possess any of the requested materials, which are held by the Clerk of Courts.<\/p>\n

The judge, expressing concern over the potential disclosure of voters\u2019 personally identifiable information, said more information was needed to determine what exactly was being requested, the extent of the state\u2019s burden in producing it, and whether a protective order was needed.<\/p>\n<\/div>\n

Tyler Durden<\/a><\/span>
\nSat, 11\/04\/2023 – 19:15<\/span><\/p>\n

\u200bhttps:\/\/www.zerohedge.com\/political\/election-group-slapped-rico-says-it-can-prove-trump-won-georgia-2020<\/a>\u00a0<\/p>\n

\u00a0<\/p>\n","protected":false},"excerpt":{"rendered":"

Election Group Slapped With RICO Says It Can Prove Trump Won Georgia In 2020 Authored by Samantha Flom via The Epoch Times (emphasis ours), Former…<\/p>\n","protected":false},"author":0,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1437026","post","type-post","status-publish","format-standard","hentry","category-news","wpcat-1-id"],"_links":{"self":[{"href":"https:\/\/bugaluu.com\/news\/wp-json\/wp\/v2\/posts\/1437026","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bugaluu.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bugaluu.com\/news\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/bugaluu.com\/news\/wp-json\/wp\/v2\/comments?post=1437026"}],"version-history":[{"count":0,"href":"https:\/\/bugaluu.com\/news\/wp-json\/wp\/v2\/posts\/1437026\/revisions"}],"wp:attachment":[{"href":"https:\/\/bugaluu.com\/news\/wp-json\/wp\/v2\/media?parent=1437026"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bugaluu.com\/news\/wp-json\/wp\/v2\/categories?post=1437026"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bugaluu.com\/news\/wp-json\/wp\/v2\/tags?post=1437026"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}