Donald Trump's Legal Problems Would Disappear Under New Georgia Bill

Georgia Republicans introduced a bill that, if signed into law, could make former President Donald Trump's charges disappear in Fulton County District Attorney Fani Willis' election interference case.

Willis charged Trump last year for his alleged efforts to overturn the 2020 presidential election in Georgia, which narrowly backed President Joe Biden. Her investigation focused on Trump's call to Secretary of State Brad Raffensperger, in which the former president asked him to find enough votes to tilt the election in his favor, as well as efforts to submit a false slate of pro-Trump electors to the Electoral College. Trump maintains his innocence in the case, pleaded not guilty to all charges and has accused Willis of targeting him for political purposes.

A new bill proposed by two Georgia state senators could erase Trump's charges in the state, but would not have any effect on his other criminal investigations in New York or at the federal level.

State Senators Colton Moore and Brandon Beach this week introduced SB 416, which would change how prosecutors in Georgia would be allowed to use racketeering charges, a central component of Willis' case against Trump.

"It is the intent of the General Assembly to provide in this subsection for the prohibition of current and future politically motivated prosecutions commenced in this state, to prevent violations of individual rights, to safeguard taxpayer funds, and to ensure that judicial resources of this state be concentrated on crime rather than political vendetta," the bill reads.

When reached for comment on the bill, Senator Moore told Newsweek, "All one has to do is read the title, STOP POLITICAL PERSECUTION ACT!"

Newsweek also reached out to Beach's office for comment via email.

The bill states that after July 1, 2023, no one shall be prosecuted on racketeering charges if the indictment alleges violations of 10 specific offenses, several of which Trump was charged with. Meanwhile, any prior convictions would no longer be valid after that date if the bill becomes law.

The bill specifically would prohibit prosecutions on racketeering charges in cases in which the indictment accuses someone of violating the following charges:

  • Forgery in violation of Code Section 16-9-1
  • The Georgia Computer Systems Protection Ac in violation of Article 6 of Chapter 9
  • Violation of oath by a public officer in violation of Code Section 16-10-1
  • False statements and writings or false lien statements against public officers in violation of Code Section 16-10-20 or 16-10-20.1
  • Conspiracy to defraud state or political subdivisions in violation of Code Section 16-10-21
  • Impersonating a public officer or employee in violation of Code Section 17-10-23
  • Influencing a witness in violation of Code Section 16-10-93
  • Interference with primaries and elections in violation of Code Section 21-2-566
  • Unlawful possession with primaries and elections in violation of Code Section 21-2-574
  • Conspiracy to commit election fraud in violation Code Section 21-2-603

Trump was charged with several of these counts, including conspiracy to commit forgery, conspiracy to make false statements, the solicitation violation of oath by a public officer and making false statements and conspiracy to impersonate a public officer or employee.

Anthony Michael Kreis, a Georgia State University College of Law professor, wrote that the chances of the bill becoming law "are almost zero" in a post to X, the social media platform formerly known as Twitter.

"It is important to note filed legislation because it may signal trends. At the same time, however, not all bills are equally likely to pass. It's essential to remember legislators' primary goals are to position-take and seek reelection.... not necessarily successfully pass bills," Kreis posted.

Georgia bill Trump's legal problems disappear
Former President Donald Trump speaks in Portsmouth, New Hampshire on January 17, 2024. Georgia Republicans introduced new legislation that would make the former president’s legal troubles in the state disappear. Chip Somodevilla/Getty Images

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Andrew Stanton is a Newsweek weekend reporter based in Maine. His role is reporting on U.S. politics and social issues. ... Read more

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