Trump's Immunity Probably Doesn't Help Much re the Georgia Indictment

WASHINGTON - July 1, 2024 - PRLog -- Today's Supreme Court decision that Donald Trump enjoys immunity in some circumstances probably will not protect him from the RICO indictment he is facing in Georgia, says public interest law professor John Banzhaf, whose criminal complaint against him led to his indictment in Fulton County, Georgia.
Law Professor's Complaint Leads to Investigation Into Trump's 'Find 11,800 Votes' Call (https://www.law.com/dailyreportonline/2021/02/09/law-professors-complaint-leads-to-investigation-into-trumps-find-11800-votes-call/)
Raffensperger's Office Indicated That a Complaint from George Washington University Law Professor John Banzhaf III Had Prompted the "Fact Finding and Administrative" Probe

ABC TV:: "The Georgia election interference case against former President Donald Trump could eventually take on more significance after a U.S. Supreme Court ruling further delayed a federal trial." [emphasis added]

The Court discusses (beginning at page 25) why Trump might not enjoy immunity for many of the act alleged in the Georgia indictment:

The indictment's remaining allegations cover a broad range of conduct. Unlike the allegations describing Trump's communications with the Justice Department and the Vice President, these remaining allegations involve Trump's interactions with persons outside the Executive Branch: state officials, private parties, and the general public. Many of the remaining allegations, for instance, cover at great length events arising out of communications that Trump and his co-conspirators initiated with state legislators and election officials in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin regarding those States' certification of electors. . . .  Unlike Trump's alleged interactions with the Justice Department, this alleged conduct cannot be neatly categorized as falling within a particular Presidential function. The necessary analysis is instead fact specific, requiring assessment of numerous alleged interactions with a wide variety of state officials and private persons. [emphasis added]

Georgia State University Law Professor Anthony Michael Kreis agrees with Law Professor John Banzhaf.  The expert on Georgia law explained:

The Raffensperger phone call is the most damning evidence against Trump, which I also think is the least likely to be shielded under presidential immunity . . .  The ultimate question is whether his actions in Georgia were actions in furtherance of an official duty, or whether Trump was acting as Donald Trump, candidate for president . . . "There are very few things alleged by [Fulton County District Attorney] Fani Willis that could be called official acts. I don't think this disturbs most of the case here. By and large, I think the overwhelming majority of the evidence and claims made in this indictment will withstand scrutiny after this decision. [emphasis added]

As a result of today's decision, what was characterized as "Trump's Most Dangerous Indictment" (https://www.valuewalk.com/trumps-most-dangerous-indictmen...) more than a year ago appears to be even more important now, says Banzhaf.

http://banzhaf.net/  jbanzhaf3ATgmail.com  @profbanzhaf