How the impeachment trial may impact potential Trump prosecution in Georgia

ATLANTA — The evidence outlined in the impeachment trial may have laid further groundwork for potential prosecutions in Georgia, legal experts say.

Former President Trump was acquitted on incitement charges tied to the Jan. 6 insurrection, but the evidence presented during the impeachment trial pointed towards Georgia and ongoing investigations into election interference here at the state court level. Legal experts say there’s also potential for Georgia’s Northern District to take up a similar, parallel investigation, as the election interference allegations fall under federal felony offenses, as well.

“You’re definitely going to see evidence that the House managers used in any prosecution that would take place, if any, in Georgia,” said legal analyst Esther Panitch.

That evidence included more insight into the former President’s infamous January call to Secretary of State Brad Raffensperger, in which Trump told the state elections chief he needed to find the more than 11,000 votes needed for Trump to win the state.

“So look, all I want to do is just, I just want to find 11,780 votes, which is one more than we have,” Trump said on the phone call. “Because we won the state, Brad.”

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The call, and subsequent tweets, were cited as laying the groundwork for the false “stolen election” ideology that led to the deadly Capitol attack.

“Calling him a disaster, obstinate, not having a clue. Being played for a fool and being a so-called Republican…. All because Raffensperger was doing his job ensuring the integrity of our elections,” said Rep. Madeleine Dean, the House impeachment manager.

The Senate acquitted Trump over the weekend, with the former president characterizing the impeachment trial as a witch hunt. Senate Minority Leader Mitch McConnell said he believed it was the courts, and not Congress, that could discipline Trump for incitement.

“Donald Trump is not constitutionally eligible for conviction,” McConnell said.

Panitch pointed out that conviction and prosecution are not mutually exclusive, but McConnell’s remarks put focus on other jurisdictions investigating the former President.

“When he said that, it seemed he was punting any type of next action to the states,” said Panitch.

While there’s no jurisdiction outside of D.C. that could tackle an incitement case, Panitch points out the federal courts could also take up the election interference investigation that’s currently underway in Fulton County. Newly-elected district attorney Fani Willis is leading that investigation to a grand jury next month.

“I have no idea what I’m going to find,” Willis said in an interview with Channel 2 last week. “A good law enforcement officer, a good prosecutor, you walk in with an open mind. You get the facts for what they are.”

The same evidence heard throughout the impeachment trial can be applied to a similar, parallel federal case.

“We’ve been focusing on the Fulton D.A. state system, but certainly when President Biden appoints the next U.S. Attorney for the Northern District of Georgia, there are federal crimes that he has arguably violated that certainly could be prosecuted,” Panitch said.

Former U.S. Attorney B.J. Pak resigned the day after Trump’s call to Raffensperger, in which the former President dubbed his appointee, Pak, a “never-Trumper.” A permanent replacement is expected to be named in the coming weeks.

Panitch points out the “double-jeopardy” concept would not apply should there be a newly-launched election interference investigation in Georgia, because the courts are not on the same level.

In addition to the Trump election interference investigation, Channel 2 has confirmed Willis is also investigating a the call Republican Sen. Lindsey Graham made to Raffensperger in November ahead of the Trump call.

Witnesses say Graham wanted Raffensperger to toss out mail-in ballots, a claim Graham has denied.

Impeachment trial: Never-before-seen videos revealed from insurrection at Capitol (NCD)

Cox Media Group