The lawfare against Donald Trump is showing cracks in the foundation.
One of the cases may have already collapsed.
And that’s because this damning document has this Trump prosecutor in hot water.
Elected Democrat Fulton County District Attorney Fani Willis indicted Donald Trump and 18 other co-defendants for a racketeering conspiracy to overturn the results of the election.
One of the key charges Willis leveled was against Georgia GOP Chair David Shafer and Trump campaign attorney Ray Smith for conspiracy to defraud authorities by presenting themselves as the legitimate electors from Georgia to the Electoral College.
But Willis failed to include in her indictment the transcript of the Georgia Republican electors meeting on December 14, 2020.
December 14, 2020, was a critical date because that was the day the Electoral College met to cast their ballots.
Trump filed a lawsuit on December 5 contesting the certified results in Georgia.
The transcript shows Shafer and Smith discussing how filing an alternate slate of electors was done for the sole purpose of keeping Trump’s legal challenge alive.
At the meeting Shafer specifically explained that he and the alternate electors were acting as the “Republican nominees for Presidential Elector” and not as the “duly elected and qualified” presidential electors.
“[President Trump] has filed a contest to the certified returns. That contest — is pending [and has] not been decided or even heard by any judge with the authority to hear it,” Shafer stated. “And so in order to preserve his rights, it’s important that the Republican nominees for Presidential Elector meet here today and cast their votes.”
Shafer asked Smith if filing an alternate slate of electors was the only way President Trump’s lawsuit could proceed.
“And so the only way for us to have any judge consider the merits of our complaint, the thousands of people we allege voted unlawfully, is for us to have this meeting and permit the contest to continue?” Shafer asked.
“That’s correct,” Smith stated.
Smith added that submitting an alternate slate of electors was “in accordance with the Constitution” and the precedent set in the 1960 Hawaii case, stating, “We’re conducting this because the contest of the election in Georgia is ongoing.”
In 1960 Hawaii initially awarded its Electoral College votes to Richard Nixon, but the Kennedy campaign submitted an alternate slate of electors to preserve a legal challenge which was ultimately successful and switched the result from Nixon to Kennedy.
“And if we did not hold this meeting, then our election contest would effectively be abandoned?” Shafer asked.
“That’s correct,” Smith responded.
The question now is if Willis had this document in her possession when she filed the charges against Shafer.
If Willis knew this document existed and had the evidence in hand, then this could open the door to misconduct allegations against Willis and the dismissal of charges.
Or it could lead to Willis facing allegations she committed the same criminal offense she accused Trump supporters of – making “false declarations before a grand jury or court.”