A complaint has been filed against President Trump with the State Election Board of Georgia over his plea to Georgia Secretary of State Brad Raffensperger to find enough votes to reverse President-elect Joe Biden’s win there.
John Banzhaf, a noted George Washington University law professor who had a role in the investigations of former President Richard Nixon and former Vice President Spiro Agnew, said in a complaint shared with Secrets that an investigation should consider conspiracy and criminal solicitation.
What’s more, Banzhaf, a public interest law professor, said that if charges are filed, the president will not be able to evade prosecution.
Banzhaf said, “Violations of state criminal laws could be crucial in Trump’s case since he cannot pardon himself for actions which constitute crimes under state laws, nor could he be pardoned by [Vice President] Mike Pence should Trump resign before his term ends and Pence become president.”
At issue is the leaked call Saturday by Trump to Raffensperger in which the president said there is evidence to shift votes. He asked for some 11,000 additional votes for him, which could change the results.
“I just want to find 11,780 votes, which is one more than we have because we won the state,” Trump said on the call.
In his brief complaint, included below, Banzhaf cited three potential violations and said, “Therefore, as a public interest law professor and attorney (but not authorized to practice in Georgia) who has filed complaints regarding many public figures who appear to have acted improperly, unethically, or even criminally, I respectfully request that this matter be fully investigated — by this body or upon a referral — and action be taken to the extent appropriate.”
White House officials have shrugged off the concerns that critics have raised about the call.
Professor Banzhaf’s complaint:
DATE: January 4, 2021
TO: State Election Board of Georgia
Secretary of State Brad Raffensperger, Chairperson [email protected]
Rebecca N. Sullivan, Vice Chair [email protected]
David J. Worley [email protected]
Matthew Mashburn [email protected]
Anh Le, Member [email protected]
Charlene McGowan [email protected]
CC: Ryan Germany, [email protected]
FROM: Public Interest Law Professor John Banzhaf
RE: Formal Complaint Against and Request For Investigation of President Donald J. Trump
Upon information and belief it appears that, during a conversation yesterday with Secretary of State Brad Raffensperger, President Donald J. Trump may have violated one or more of the following criminal statutes:
1. GA Code § 21-2-603 — Conspiracy to Commit Election Fraud
2. GA Code § 21-2-604 — Criminal Solicitation to Commit Election Fraud
3. GA Code § 21-2-597 — Intentional Interference With Performance of Election Duties
A complete transcript of the telephone call — as well as an audio recording — of the call may be found at, among other locations, WASHINGTON POST — Here’s the Full Transcript and Audio of the Call Between Trump and Raffensperger and is incorporated within this complaint as if the complete text was in fact included.
Therefore, as a public interest law professor and attorney (but not authorized to practice in Georgia) who has filed complaints regarding many public figures who appear to have acted improperly, unethically, or even criminally, I respectfully request that this matter be fully investigated — by this body or upon a referral — and action be taken to the extent appropriate.
Please be so kind as to acknowledge receipt of this Formal Complaint Against and Request For Investigation of President Donald J. Trump, and advise me of any developments.
Thank you for your cooperation and consideration,
JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Law
George Washington University Law School,
FAMRI Dr. William Cahan Distinguished Professor,
Fellow, World Technology Network,
Founder, Action on Smoking and Health (ASH)
2000 H Street, NW=
Washington, DC 20052, USA
