What happens in Fulton County has to stay in the Fulton County Courthouse
this language sweepingly in civil cases to capture any state case where an official defendant is sued based “solely” on their “official duties,” even if they have nothing to do with the criminal law or taxation.
Willis has drafted an indictment that makes it exceedingly hard for Trump to meet this standard. . For one thing, Acts 156 and 157 alleged in the complaint pick out actions Trump took on September 17, 2021, still importuning Georgia Secretary of State Brad Raffensperger to decertify the election. There is no plausible “federal defense” for these actions, which occurred at a time when Biden was in the Oval Office.
In any event, Trump’s own questions to Raffensperger plainly give the lie to any claim to be acting in a presidential capacity, rather than as a disgruntled candidate. No prosecutor imaginable says “I just want to find, uh, 11,780 votes, which is one more than [the 11,779 margin of defeat] we have, because we won the state.”
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