Georgia AG Receives Trump Criminal Complaint; Dual Investigations of State Election Law Violations Likely
Second Formal Criminal Complaint Against Donald Trump
WASHINGTON, D.C. (January 5, 2021) - A second formal criminal complaint, alleging that President Donald Trump violated at least three Georgia election laws, has been filed with Attorney General Chris Carr.
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The original criminal complaint, filed with the State Election Board, was not pursued because of a possible conflict of interest, but did prompt the Fulton County District Attorney to suggest the Trump may have committed felonies, and to argue that the state attorney general also had jurisdiction over this matter.
Both complaints were filed by public interest law professor John Banzhaf, who played a major role in obtaining a special prosecutor to investigate President Richard M. Nixon, and successfully sued former vice president Spiro T. Agnew. He has also filed complaints against other public figures including former congressman Barney Frank, former congresswoman Geraldine Ferraro, and Baltimore State's Attorney Marilyn J. Mosby.
Fulton County District Attorney Announces An Investigation
Fani Willis, the district attorney for Fulton County, in announcing a criminal investigation, has promised that "anyone who commits a felony violation of Georgia law in my jurisdiction will be held accountable.”
Her office also has stated that the Attorney General of Georgia also has jurisdiction over this matter.
Banzhaf notes that 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 Mike Pence should Trump resign before his term ends and Pence become president.
Indeed, Banzhaf notes that Trump's telephone call may also constitute a crime under federal law; for example 52 USC 20511: VOTING AND ELECTIONS, Criminal penalties.
A Copy Of The Complaint
A copy of the complaint to the Attorney General of Georgia appears below:
DATE: January 5, 2021
TO: The Honorable Chris Carr, Attorney General
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 recent conversation 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,
and is incorporated herein by reference and 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, and action be taken to the extent appropriate.
Moreover, since it appears that my initial complaint to the State Election Board of Georgia was not accepted because of a possible conflict of interest, that its Chair then suggested a possible investigation by the Fulton County District Attorney, whose office, in turn, argued that the state attorney general would have jurisdiction, I respectfully file this complaint with your office. See, e.g.,
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.