Name: House Republicans Probe Georgia’s Prosecution of Trump, Decrying Impact on Free Speech and Elections
Uploaded: 2023-08-25T03:50:05.000Z
Description: House Republicans have launched an investigation into the Georgia prosecution of former President Donald Trump, saying the case raises major concerns about its effects on the U.S. government and the American political process.

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House Republicans have launched an investigation into the Georgia prosecution of former President Donald Trump, saying the case raises major concerns about its effects on the U.S. government and the American political process.

In a five-page letter dated Aug. 24, the House Judiciary Committee is demanding that Fulton County District Attorney Fani Willis produce documents addressing those concerns by Sept. 7.

The letter was obtained by <a href="https://thefederalist.com/2023/08/24/house-republicans-launch-probe-into-fulton-countys-politically-motivated-trump-indictments/">The Federalist</a> before the committee publicized it on its website.

It landed the same day that the former president was expected to surrender at the Fulton County Jail and be booked on 11 criminal charges alleging that his opposition to the 2020 election results went too far; 18 co-defendants are also charged in an alleged "conspiracy" under Georgia's racketeering law.

The Epoch Times has sought comment from Ms. Willis' office but did not receive a response before publication time.

House Judiciary Chairman Jim Jordan (R-Ohio), in his letter to Ms. Willis, a Democrat, objects to the circumstances under which the indictment was released against the Republican president.

The case carries serious implications for other federal officials, he said, because the indictment "appears to be an attempt to use state criminal law to regulate the conduct of federal officers acting in their official capacities."

Mr. Jordan notes that several counts of the indictment "seek to criminalize" federal officials' actions under Georgia law, including conduct such as "the White House chief of staff arranging meetings and phone calls for the president."

He cited another example of an act furthering the alleged conspiracy: "the then-president tweeting that hearings in the Georgia Legislature were being aired on a news channel."

White House chief of staff Mark Meadows speaks to members of the press outside the West Wing of the White House in Washington on Aug. 28, 2020. (Alex Wong/Getty Images)

The Georgia case appears to seek to criminalize the free speech of federal officers, including the president, he said. Criminally prosecuting federal officers in state courts "poses a threat to the operations of the federal government," he wrote.

It also seems to run afoul of <a href="https://www.law.cornell.edu/wex/Supremacy_Clause">the Supremacy Clause of the U.S. Constitution,</a> which holds that federal laws take precedence over state laws.

"The threat of future state prosecution for official acts may dissuade federal officers from effectively performing their official duties and responsibilities," Mr. Jordan said, adding, "Congress has long been sensitive to the threat that such state prosecutions can pose to the operations of the federal government."

He also raised concerns about the indictment encompassing "numerous acts taking place in other states not involving the conduct of the 2020 election in Georgia or the counting of the votes cast in Georgia."
<h2>Coordination with DOJ Probed</h2>
Congress has the authority to investigate whether former presidents "are being subjected to politically motivated state investigations and prosecutions due to the policies they advanced as president, and, if so, what legislative remedies may be appropriate."

In addition, Congress has an interest in overseeing how the Fulton County District Attorney's Office has used federal funds, "including whether it has expended any federal dollars on this investigation," Mr. Jordan said.

Therefore, the committee wants Ms. Willis to produce financial records addressing that issue.

Mr. Jordan told Ms. Willis that the case also raises "questions about whether and how your office coordinated with DOJ Special Counsel Jack Smith during the course of this investigation."

Mr. Smith headed two investigations that produced criminal charges against Mr. Trump.

One involves alleged mishandling of classified documents in Florida.

The other case, filed in Washington, is similar to the Georgia prosecution because it revolves around the former president's opposition to the 2020 election results.

Fulton County District Attorney Fani Willis speaks during a news conference at the Fulton County Government building in Atlanta, Ga., on Aug. 14, 2023. (Joe Raedle/Getty Images)

News outlets have reported that Ms. Willis' investigation involved much of the evidence that was involved in the Washington case that Mr. Smith brought.

The committee is asking Ms. Willis whether the DOJ "raised any concerns about how your investigation impacted federal interests, and if so, whether and how those concerns were resolved."

To answer those questions, the committee is seeking "all documents and communications between or among the Fulton County District Attorney's Office and DOJ and its components" related to the investigation of President Trump or any of his co-defendants.

The committee is also directing Ms. Willis to produce all related "documents and communications between the Fulton County District Attorney's Office and any federal Executive Branch officials."

He noted that the committee has the constitutional authority to issue subpoenas.

Mr. Jordan said the committee is weighing whether to change laws, such as the federal statute that allows state cases to be "removed" to federal court when the cases involve federal officers.

The committee also could revisit "immunities for federal officials, the permissible use of federal funds, the authorities of special counsels, and the delineation of prosecutorial authority between federal and local officials," he said.
<h2>Circumstances Raise Suspicions</h2>
Mr. Jordan also told Ms. Willis: "The circumstances surrounding your actions raise serious concerns about whether they are politically motivated."

He points out that, just four days prior to the Aug. 14 indictment being released, Ms. Willis launched a new fundraising website that "highlighted" her investigation into the former president.

"Additionally, the forewoman of the special grand jury you convened to investigate President Trump earlier this year bragged during an unusual media tour about her excitement at the prospect of subpoenaing President Trump and getting to swear him in," Mr. Jordan said.

He said it was also concerning that "the Fulton County Superior Court's Clerk publicly released a list of criminal charges against President Trump reportedly hours before the vote of the grand jury."

In this handout, former  President Trump lawyer Jenna Ellis poses for her booking photo in Atlanta, Ga., on Aug. 23, 2023. (Fulton County Sheriff's Office via Getty Images)

Further, a Fulton County court disqualified Ms. Willis "from targeting current Georgia Lieutenant Governor Burt Jones as part of your probe on the grounds that you actively supported and held fundraising events for his Democratic opponent," Mr. Jordan points out.

"And unlike officials in other jurisdictions, Fulton County officials "have suggested [they] will process [the former President] as [a] typical criminal defendant, requiring mug shots and possibly even cash bond," Mr. Jordan said.

In three other cases against President Trump, no mugshot was released to the public, and he was allowed to go free on the promise that he would appear in court.

The timing of the Georgia prosecution is suspect, Mr. Jordan said, because the investigation began two-and-a-half years ago, but was released "at a time when the campaign for the Republican presidential nomination is in full swing."

President Trump is the frontrunner to become the Republican challenger to the Democrats' nominee in the 2024 presidential election, presumably President Joe Biden—whose DOJ is overseeing two of the cases against his political opponent.

President Biden denies unduly influencing Mr. Smith's investigation.

Mr. Jordan said Ms. Willis' requested trial date, March 4, 2024, also looks bad.

That's "the day before Super Tuesday," when many states hold their primary elections, "and eight days before the Georgia presidential primary," he said.

"It is therefore unsurprising," Mr. Jordan said, "many have speculated that this indictment and prosecution are designed to interfere with the 2024 presidential election."

<em>From<a href="https://www.theepochtimes.com/us/house-republicans-probe-georgias-prosecution-of-trump-decrying-impact-on-free-speech-and-elections-5480010"> The Epoch Times</a></em>

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Janice Hisle reports on former President Donald Trump's campaign for the 2024 general election ballot and related issues. Before joining The Epoch Times, she worked for more than two decades as a reporter for newspapers in Ohio and authored several books. She is a graduate of Kent State University's journalism program. You can reach Janice at: janice.hisle@epochtimes.us

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