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Bret R. Williams of BRW Law Group. (Courtesy photo) Bret Williams of BRW Law Group. (Courtesy photo)

Fulton County District Attorney Fani Willis is considering felony charges against former President Donald Trump in connection with a Jan. 2 telephone call to Georgia Secretary of State Brad Raffensperger. During that call, Trump pressed Raffensperger to “recalculate” the vote and, arguably, suggested that Raffensperger “find 11,780 votes.” Although Raffensperger rebuffed the president and affirmed the accuracy of the vote count, the critical question for prosecution is whether the president committed a crime during the call, such as soliciting Raffensperger to commit election fraud.

The Fulton County district attorney thinks the president might have crossed the line and has said in a statement that she will “enforce the law without fear or favor.” While the district attorney’s sentiment is commendable and she does have the authority to bring charges, the path to conviction is likely difficult. Before any charges are filed, the district attorney needs to weigh a number of policy considerations.

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