The Georgia State Electoral Council formally launched an investigation into former President Donald Trump’s phone calls to state election officials, in which he sought help to overturn the election results after President Joe Biden’s narrow victory was certified twice.
The investigation, which follows a formal complaint filed on Monday by a law professor alleging that Trump violated the law during these calls, marks the first formal investigation into Trump’s efforts to overturn the state’s election results.
Walter Jones, a spokesman for the office of Georgia’s Secretary of State, Brad Raffensperger, confirmed the investigation to ABC News on Monday. “This is an investigation by the State Electoral Council,” he said. “We have received a complaint and we are handling it in the same way that we handle all complaints. Any other legal efforts will be left to the attorney general. “
On Trump’s first call to Georgia officials in December amid an ongoing audit, he asked a chief investigator in Raffensperger’s office to “find the fraud”, saying they would be a “national hero” for her , according to a familiar with the subject. In another call on January 2, Trump repeatedly demanded that Raffensperger “find” the exact number of votes – 11,780 – that he needed to be the winner in Peach State, according to a recording of the call obtained by ABC News.
Once the investigation is complete, the council will vote on whether or not to send a criminal reference to the state attorney general or district attorney.
The top prosecutor in Fulton County, district prosecutor Fani Willis, described the Trump-Raffensperger call as “disturbing”, saying in a statement after the calls became public that if election officials forward the case to her, she will take him aggressively.
“As I promised voters in Fulton County last year, as a public prosecutor, I will apply the law without fear or favor,” Willis said in a January 4 statement. “Anyone who violates Georgia law in my jurisdiction will be held responsible. When the investigation is completed, this matter, like all others, will be dealt with by our office based on the facts and the law.”
She can also decide for herself to pursue an investigation, her associates said.
“I know District Attorney Willis and she will act as quickly as possible, but she will not move forward just to satisfy anyone, Democrat or Republican,” said Joshua D. Morrison, former senior assistant to the Fulton County District Attorney and Willis’s colleague. .
Morrison said he believes Willis is likely to investigate Trump’s calls, although his office has given no official indication that he is preparing for this.
“I’ve never seen anything like it,” said Morrison of the call. “And people in Georgia don’t like to be confused. So I don’t think Trump will find a friendly audience here if they decide to pursue the case.”
Investigations by the State Electoral Board may take months to complete, but it marks a major development on the eve of Trump’s second impeachment trial. The only article of impeachment against the president, which accuses him of inciting the deadly Capitol rebellion on January 6, briefly mentions the phone call with the secretary.
Trump’s impeachment lawyers defended Trump’s actions on the call in a document submitted to the House last week and “denied that President Trump acted improperly on that phone call anyway.”
Trump also defended his call when speaking at a rally in DC on Jan. 6. “I thought it was a great conversation,” he said. “People loved this conversation.”
“I don’t believe this guy is a Republican,” said Trump, referring to Raffensperger. “He loves to record phone conversations.”
The complaint, filed by George Washington University law professor John F. Banzhaf, alleges that Trump may have violated three Georgia state laws, including conspiracy to commit electoral fraud, criminal solicitation to commit electoral fraud and intentional interference with the performance of electoral functions.
“Many prominent and well-informed lawyers have concluded (…) that the evidence that is now publicly available already meets the high criminal standard of proving each element of the crimes beyond any reasonable doubt,” wrote Banzhaf in the complaint.
Anyone can file a complaint with the election division of the secretary’s office, Raffensperger’s office told ABC News. If the complaint is found to be credible, it will be investigated.
Banzhaf made the complaint through an online portal on the secretary’s website, the spokesman said.
The complaint sent via email was sent to the board, Willis and Georgia’s attorney general, Chris Carr. Banzhaf asked the council to adopt a motion to refer a criminal investigation to the offices of Carr and Willis to proceed.
The five-member State Electoral Board, in which Raffensperger participates, has the power to investigate “electoral laws and fraud and irregularities”, as described in its functions on the secretary’s website. If legal violations are discovered, the council should report them to the attorney general or the relevant district attorney, who is then responsible for further investigations into the matter and process, if applicable.