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Who has read the indictments?

Have you read the indictments in part or full?

  • I am a Trump voter and I have read NONE of the indictments

    Votes: 2 6.7%
  • I am a Trump voter and I have read SOME or ALL of the indictments

    Votes: 0 0.0%
  • I am NOT a Trump voter and I have read NONE of the indictments

    Votes: 6 20.0%
  • I am NOT a Trump voter and I have read SOME or ALL of the indictments

    Votes: 22 73.3%

  • Total voters
    30

Green Sun

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and the penal code it breaks?

BTW - Wiki is really a poor choice - try actual legal references.
An overt act is simply "an act that is in furtherance of a crime". There is not a specific penal code that defines an overt act, it is simply a thing that exists in the framework of common law.

Wikipedia has citations - You can click on them and follow them to the bottom of the page. noticed however you didn't ask about the first reference, so I just want to understand if you accept it or not.

Here's one of the citations, a writeup from Cornell Law:
conspiracy
Conspiracy is an agreement between two or more people to commit an illegal act, along with an intent to achieve the agreement's goal. Most U.S. jurisdictions also require an overt act toward furthering the agreement. An overt act is a statutory requirement, not a constitutional one. See Whitfield v. United States, 453 U.S. 209 (2005). The illegal act is the conspiracy's "target offense.”

Conspiracy generally carries a penalty on its own. In addition, conspiracies allow for derivative liability where conspirators can also be punished for the illegal acts carried out by other members, even if they were not directly involved. Thus, where one or more members of the conspiracy committed illegal acts to further the conspiracy's goals, all members of the conspiracy may be held accountable for those acts.

Where no one has actually committed a criminal act, the punishment varies. Some conspiracy statutes assign the same punishment for conspiracy as for the target offense. Others impose lesser penalties.

Conspiracy applies to both civil and criminal offenses. For example, you may conspire to commit murder, or conspire to commit fraud.

For Georgia specifically:
2020 Georgia Code :: Title 16 - Crimes and Offenses :: Chapter 4 - Criminal Attempt, Conspiracy, and Solicitation :: § 16-4-8. Conspiracy to Commit a Crime
Universal Citation: GA Code § 16-4-8 (2020)

A person commits the offense of conspiracy to commit a crime when he together with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy. A person convicted of the offense of criminal conspiracy to commit a felony shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he could have been sentenced if he had been convicted of the crime conspired to have been committed, by one-half the maximum fine to which he could have been subjected if he had been convicted of such crime, or both. A person convicted of the offense of criminal conspiracy to commit a misdemeanor shall be punished as for a misdemeanor. A person convicted of the offense of criminal conspiracy to commit a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than one year nor more than ten years.

And for our crowbars from the same source:
Possession of burglary tools.

- Possessing tools for the commission of a crime, itself a violation of O.C.G.A. § 16-7-20(a), is an overt act upon which an armed robbery conspiracy conviction may be based. Fuller v. State, 165 Ga. App. 55, 299 S.E.2d 397 (1983).
 
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rturner76

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I never really read the specific indictments but I do remember Trumo trying to overturn a legally held national election by pressuring government officials including the sitting vice president to overturn the election results that made him a loser. Regardless of his legal liability, he has certainly shown his disdain for legally held elections unless they support his presidential bid. The funny thing is that the more crimes he is charged with the more people seem to support him. I hope he does not end up being another Hitler type by blowing up the capital like Hitler's henchmen blew up On February 27, 1933, the German parliament (Reichstag) building burning it down. The Nazi leadership and its coalition partners used the fire to claim that Communists were planning a violent uprising. They claimed that emergency legislation was needed to prevent this. The resulting act, commonly known as the Reichstag Fire Decree, abolished a number of constitutional protections and paved the way for Nazi dictatorship. I pray that Trump doesn't go this route with his cronies. I'd prefer to live under a democratically elected representative government than a socialist/fascist regime like Nazi Germany had under Hitler.

It would be nice to not necessarily put Trump in prison but just make him go away in terms of being unelectable for being an alleged criminal. I wonder what will make him just go away and spend more of his tax-free income on helicopters and buildings with his name on them. As a billionaire, he enjoys paying less taxes than someone making just a living wage. By that I mean absolutely no taxes so why live under a form of government like the old European-run nobility where only working people pay taxes and rich people enjoy a tax-free lifestyle? Really this guy makes my skin crawl. If you support him you are surely part of the problem.
 
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Brihaha

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I never really read the specific indictments but I do remember Trumo trying to overturn a legally held national election by pressuring government officials including the sitting vice president to overturn the election results that made him a loser. Regardless of his legal liability, he has certainly shown his disdain for legally held elections unless they support his presidential bid. The funny thing is that the more crimes he is charged with the more people seem to support him. I hope he does not end up being another Hitler type by blowing up the capital like Hitler's henchmen blew up On February 27, 1933, the German parliament (Reichstag) building burning it down. The Nazi leadership and its coalition partners used the fire to claim that Communists were planning a violent uprising. They claimed that emergency legislation was needed to prevent this. The resulting act, commonly known as the Reichstag Fire Decree, abolished a number of constitutional protections and paved the way for Nazi dictatorship. I pray that Trump doesn't go this route with his cronies. I'd prefer to live under a democratically elected representative government than a socialist/fascist regime like Nazi Germany had under Hitler.

It would be nice to not necessarily put Trump in prison but just make him go away in terms of being unelectable for being an alleged criminal. I wonder what will make him just go away and spend more of his tax-free income on helicopters and buildings with his name on them. As a billionaire, he enjoys paying less taxes than someone making just a living wage. By that I mean absolutely no taxes so why live under a form of government like the old European-run nobility where only working people pay taxes and rich people enjoy a tax-free lifestyle? Really this guy makes my skin crawl. If you support him you are surely part of the problem.
Good post. I might have given the winner but you somehow stopped short of actual prison punishment given to any American convicted of these felonies. Of course Mr Trump is yet to be convicted. But a conviction will almost certainly make him evaporate from our everyday lives. Especially after the next election!
 
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Ana the Ist

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Sure thing - Though, you're misunderstanding what a conspiracy is - It inherently involves two or more people.

Let's start with an explainer from some lawyers.
What’s a Criminal Conspiracy?


Wikipedia has a breakdown with citations to both laws and explainers:

Criminal conspiracy - Wikipedia


So in my example, you and me going to buy crowbars, which we are planning to use in breaking into a house, is an overt act towards completing the crime.

I think the difficult part will be showing these people were knowingly committing a crime.

If you rent a truck for your friends because they tell you they're going around looking for a lost puppy....you aren't part of the conspiracy. As far as I know, the defendents believed they were preventing a crime.

Also...


Leaking a list of charges before a grand jury has voted ain't a good look.
 
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rturner76

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Of course Mr Trump is yet to be convicted.
That's kinda why I stopped short of a blatant accusation of committing a felony but I do feel like it's likely probable that he did tamper with the election process, I'm just not completely confident that a judge or jury would convict based on him and his handlers/financial supporters ability to intimidate Federal judges especially. I think he appointed a record number of judges so many of them owe their promotions to him and the people that control him who have much more behind the scenes power.
 
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KCfromNC

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I think the difficult part will be showing these people were knowingly committing a crime.
In many cases, perhaps.
In this case, we have a defendant who, after being told the Vice President doesn't have the power to overturn the election, said that the man was "too honest".

Allegedly, of course. But it is the sort of thing laid out in the indictment, per the OP.
 
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evoeth

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Oh my!

There are NO Trump voters here!

1692224801912.png
 
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SimplyMe

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I think the difficult part will be showing these people were knowingly committing a crime.

If you rent a truck for your friends because they tell you they're going around looking for a lost puppy....you aren't part of the conspiracy. As far as I know, the defendents believed they were preventing a crime.

I take issue with that last sentence of yours; committing a crime because you believe you are preventing a crime is still a crime. An analogy I used on another thread: If I feel a bank made a mistake on one of my accounts that cost me money, robbing the bank to get "my money" back is still bank robbery. It doesn't matter I can prove they made the mistake, I can't rob the bank but need to go through the proper processes.

In this case, it is clearly a crime to create a set of Electors that have been duly selected by the state (from the state certification of the election results), when they are not. As such, I would think anyone involved in that conspiracy is in trouble, as those three laws would appear to have been clearly broken. If they were trying to "prevent a crime" then that is what the courts are for -- and don't forget that Trump had the DoJ working for him, who kept telling him they could find no evidence of election fraud at the level Trump was claiming occurred. It is also worth noting that, while Trump's lawyers kept claiming "fraud" in front of the press and state legislatures, they actually stated in court that they weren't claiming there was election fraud (no claims of "fraud" were made in the various court cases and they actually stated clearly they were not claiming fraud in one case when asked by a judge)

I'm also trying to recall where I saw it, I believe it may be in the Federal indictment, where there were various texts and other information that appear to show that Trump and some others did not actually believe the election fraud claims they were making publicly. It will be interesting to see what comes out at trial and what can be proven. It is also worth pointing out that Giuliani has conceded (in the defamation lawsuit against him) that his claims of fraud in Georgia were false.

Also...


Leaking a list of charges before a grand jury has voted ain't a good look.

It will be interesting to find out what happened. My best guess is that it was a mistake, as well as my hope. If it was not a mistake, then whatever person (or people) were responsible for releasing the charges before being voted on by the Grand Jury should be punished to the full extent of the law.
 
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SimplyMe

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Oh my!

There are NO Trump voters here!

View attachment 334670

I'd suggest that there are Trump voters who have visited and/or posted on the thread, just that they don't want to have to admit they have not read any of the indictments. It is a lot harder to use some of the right-wing talking points if you've actually read the indictments.
 
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Pommer

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In this case, it is clearly a crime to create a set of Electors that have been duly selected by the state (from the state certification of the election results), when they are not.
Did this one get away from you?
 
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Pommer

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I'd suggest that there are Trump voters who have visited and/or posted on the thread, just that they don't want to have to admit they have not read any of the indictments. It is a lot harder to use some of the right-wing talking points if you've actually read the indictments.
It might mean that some will begin to think that maybe, perhaps, they were wr wro incorrect?
That is it a tougher nut to crack than one might imagine.
 
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Ana the Ist

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I take issue with that last sentence of yours; committing a crime because you believe you are preventing a crime is still a crime.
Right...in the case of impersonating a government official...thinking that it would prevent a crime won't do anything for them.

However, if they genuinely believed there was election fraud, if they genuinely believed Trump had won the election, if they genuinely believed they were buying time for evidence that fraud happened...

These are things that they can make statements about that are untrue...but not criminal, unless they knew they were untrue when they made the statements. That's why perjury is difficult to prosecute.


An analogy I used on another thread: If I feel a bank made a mistake on one of my accounts that cost me money, robbing the bank to get "my money" back is still bank robbery.

That's not a very good analogy. Like I said, it sounds like most of the crimes are related to lying.

It's not lying if you believe it true. They aren't being charged with robbing banks.


It doesn't matter I can prove they made the mistake, I can't rob the bank but need to go through the proper processes.

Right....that's why it's a bad analogy.

Imagine that you did go through the proper channels and told everyone that the bank robbed you...including the police. If it's proven that the bank didn't rob you...you could be charged with perjury, or making false statements to the police, if you knew they were false when you made them.



In this case, it is clearly a crime to create a set of Electors that have been duly selected by the state (from the state certification of the election results), when they are not.

Ok....were they selected by the state or not?

I was under the impression they weren't.



As such, I would think anyone involved in that conspiracy is in trouble, as those three laws would appear to have been clearly broken. If they were trying to "prevent a crime" then that is what the courts are for -- and don't forget that Trump had the DoJ working for him,

I don't think the DOJ was working for Trump. Given the FBI agents who went around covering up the Biden laptop story, the number of feds that some witnesses claim were at January 6th, and other activities.



who kept telling him they could find no evidence of election fraud at the level Trump was claiming occurred.

True. Unfortunately, we don't have very tight fraud measures.


It is also worth noting that, while Trump's lawyers kept claiming "fraud" in front of the press and state legislatures, they actually stated in court that they weren't claiming there was election fraud (no claims of "fraud" were made in the various court cases and they actually stated clearly they were not claiming fraud in one case when asked by a judge)

Do mean statements made testifying before the legislature?


I'm also trying to recall where I saw it, I believe it may be in the Federal indictment, where there were various texts and other information that appear to show that Trump and some others did not actually believe the election fraud claims they were making publicly.

If that's the case....I'd say Trump is in trouble, unless he gets elected from prison.



It will be interesting to see what comes out at trial and what can be proven. It is also worth pointing out that Giuliani has conceded (in the defamation lawsuit against him) that his claims of fraud in Georgia were false.

Well acknowledging that he is wrong now....isn't the same as saying he knew he was wrong then....but I don't know all the details of that case.

It will be interesting to find out what happened. My best guess is that it was a mistake, as well as my hope. If it was not a mistake, then whatever person (or people) were responsible for releasing the charges before being voted on by the Grand Jury should be punished to the full extent of the law.

It's clearly a mistake but it's a pattern of this administration to leak info to the public and it could be seen the wrong way. It's not like I compared the list of indictments to the leaked list of charges so it could have differences.
 
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SimplyMe

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Right...in the case of impersonating a government official...thinking that it would prevent a crime won't do anything for them.

And just that part of it is enough to "prove" the RICO act violations. They knowingly had a scheme that had an alternate slate of Electors sign documents as if they were the official electors. They had a scheme for the Vice President to count those votes as if they were the official electors, except that the Vice President was allegedly said to be "too honest" by the President.

However, if they genuinely believed there was election fraud, if they genuinely believed Trump had won the election, if they genuinely believed they were buying time for evidence that fraud happened...

These are things that they can make statements about that are untrue...but not criminal, unless they knew they were untrue when they made the statements. That's why perjury is difficult to prosecute.

And, again, my understanding is the prosecutor believes they can prove they did not believe that Trump actually won the election. Again, it will be interesting to see what comes out at trial. However, since they can prove RICO violations (due to the fake Elector scheme) without the other claims of where the defendants lied, it likely won't matter.

That's not a very good analogy. Like I said, it sounds like most of the crimes are related to lying.

It's not lying if you believe it true. They aren't being charged with robbing banks.

Again, since the prosecutor appears to be able to prove at least three RICO violations with just the fake Electors, then it likely won't matter if they can't completely prove all the defendants lied. Instead, it might get a couple of the lesser defendants off.

Right....that's why it's a bad analogy.

Imagine that you did go through the proper channels and told everyone that the bank robbed you...including the police. If it's proven that the bank didn't rob you...you could be charged with perjury, or making false statements to the police, if you knew they were false when you made them.





Ok....were they selected by the state or not?

I was under the impression they weren't.

The Biden electors were the ones certified by the state.

I don't think the DOJ was working for Trump. Given the FBI agents who went around covering up the Biden laptop story, the number of feds that some witnesses claim were at January 6th, and other activities.

Those appear to be conspiracy theories that have no evidence to support them. Regardless, AG Barr definitely worked for Trump, he selected people in the DoJ/FBI that he trusted to investigate the election allegations and affidavits; those agents and Barr could find zero evidence of major election fraud.

This is another case where "lying" could seem to be proven -- the fact that the indictment alleges that Trump and others were pushing the DoJ to announce they had found election fraud should not require evidence that Trump did not actually believe in election fraud. Instead, it can be shown Trump did know the DoJ had found no evidence of fraud yet he was pushing them to make the false claim that they had.

True. Unfortunately, we don't have very tight fraud measures.

Or, at least that is the narrative being pushed by Republicans. The simple fact is that no actual evidence of major fraud, the type that can changed the election, has been found. This despite an investigation spearheaded by the AG, major investigations by various states (including those done by right-wing groups funded by states, such as in Arizona), at least two groups paid by Donald Trump to find election fraud, etc.

Do mean statements made testifying before the legislature?

Yes, it includes statements made before the Georgia House and Senate which were indicted.

If that's the case....I'd say Trump is in trouble, unless he gets elected from prison.

Well acknowledging that he is wrong now....isn't the same as saying he knew he was wrong then....but I don't know all the details of that case.

Since he's admitting it for the purposes of the lawsuit, he's saying he didn't believe the fraud claims at the time. Believing he was pointing out fraud at the time would be a defense to defamation, even if he has found out since that it was false. Apparently the plaintiffs can prove Giuliani was lying in his presentation to the Georgia legislature and in media comments, which has caused Giuliani to admit he knew the claims were false.

It's clearly a mistake but it's a pattern of this administration to leak info to the public and it could be seen the wrong way. It's not like I compared the list of indictments to the leaked list of charges so it could have differences.

The Atlanta DA's office and the Atlanta courts has zero to do with this administration. My guess as to what happened is that a preliminary list of charges was in the offices about 5 PM, when they would normally close for the day. I'm guessing, it being the end of the day, a person responsible for releasing indictments thought, since it was the normal end of day, that they had been voted on by the Grand Jury (knowing this was the final day for the Grand Jury) and could be released -- they made a bad assumption. As we know, they had not been voted on, that didn't occur until about 8 PM, well after courts usually finish for the day.

Again, I don't assume my version is correct, I would like to see a full investigation of what happened and who leaked it, and the appropriate steps taken -- including prosecution if it was leaked intentionally.
 
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Ana the Ist

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And just that part of it is enough to "prove" the RICO act violations.

As long as it's shown they were under someone's direction, yes.


They knowingly had a scheme that had an alternate slate of Electors sign documents as if they were the official electors.

Right...that's how I understand it.

They had a scheme for the Vice President to count those votes as if they were the official electors, except that the Vice President was allegedly said to be "too honest" by the President.

I don't know if the plan was for VP to refuse to verify the votes or verify them.



And, again, my understanding is the prosecutor believes they can prove they did not believe that Trump actually won the election.

It's certainly possible that she has evidence to support that.


Again, it will be interesting to see what comes out at trial. However, since they can prove RICO violations (due to the fake Elector scheme) without the other claims of where the defendants lied, it likely won't matter.

Well yeah...I'm going under the assumption that they understood that the process doesn't allow just anyone to show up and claim to be an elector.



Again, since the prosecutor appears to be able to prove at least three RICO violations with just the fake Electors, then it likely won't matter if they can't completely prove all the defendants lied. Instead, it might get a couple of the lesser defendants off.

Well the case of these three people seems pretty bad...but it's not enough to get everyone involved. If it were, I suspect there would be far less defendants.


The Biden electors were the ones certified by the state.

OK, I thought that's what you meant....just wanted to be sure.


Those appear to be conspiracy theories that have no evidence to support them.

Which statements have no evidence?

Regardless, AG Barr definitely worked for Trump,

He worked under Trump....but I think there's been a considerable amount of exaggeration regarding his partisanship.

I mean, Garland sicced the FBI on parents attending school meetings. He sent the IRS after the last few honest reporters in the country. It's not like he's been facing a fraction of the criticism from the left for his appointment at the DOJ that Barr did.

he selected people in the DoJ/FBI that he trusted to investigate the election allegations and affidavits; those agents and Barr could find zero evidence of major election fraud.

I'm sure it was thorough. What exactly is a measure against widespread election fraud in the US?

This is another case where "lying" could seem to be proven -- the fact that the indictment alleges that Trump and others were pushing the DoJ to announce they had found election fraud should not require evidence that Trump did not actually believe in election fraud.

It does if it's something like perjury, false statements, etc.

Instead, it can be shown Trump did know the DoJ had found no evidence of fraud yet he was pushing them to make the false claim that they had.

I'd have to go back and try to put together a timeline of events...and I'm sure you'll understand why I don't want to bother when I can just see what the prosecutor has if I wait.


Or, at least that is the narrative being pushed by Republicans.

Lol you're talking to someone old enough to remember the phrase "hanging chads".


The simple fact is that no actual evidence of major fraud, the type that can changed the election, has been found.

Right.


This despite an investigation spearheaded by the AG, major investigations by various states (including those done by right-wing groups funded by states, such as in Arizona), at least two groups paid by Donald Trump to find election fraud, etc.

Odd he would pay people to find fraud he didn't believe existed, eh? Seems like a waste of money if he didn't believe fraud occurred.


Yes, it includes statements made before the Georgia House and Senate which were indicted.

Ok.

Since he's admitting it for the purposes of the lawsuit, he's saying he didn't believe the fraud claims at the time.

I only read one article on the topic to familiarize myself...but I don't think he's saying that.



Believing he was pointing out fraud at the time would be a defense to defamation, even if he has found out since that it was false.

This is a bit like saying Alex Jones believed Parkland was a hoax, so that's a defense against defamation. It's not.


The Atlanta DA's office and the Atlanta courts has zero to do with this administration.

Yeah? Wasn't this electors thing tried in other states?


My guess as to what happened is that a preliminary list of charges was in the offices about 5 PM, when they would normally close for the day. I'm guessing, it being the end of the day, a person responsible for releasing indictments thought, since it was the normal end of day, that they had been voted on by the Grand Jury (knowing this was the final day for the Grand Jury) and could be released -- they made a bad assumption. As we know, they had not been voted on, that didn't occur until about 8 PM, well after courts usually finish for the day.

Again, I don't assume my version is correct, I would like to see a full investigation of what happened and who leaked it, and the appropriate steps taken -- including prosecution if it was leaked intentionally.

I can't recall a single case against Trump in the past 7 years that lasted longer than a week and didn't involve "sources close to the case" leaking information.

I'm not saying it's impossible this was just a coincidence though.
 
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