The Democrats were blindsided by this development.
Joe Biden and his allies were sure they had Donald Trump dead to rights.
But this smoking gun is the evidence that proves Donald Trump is innocent.
Fulton County District Attorney Fani Willis invented a novel legal theory claiming that Trump and his supporters asking lawyers for legal advice on how to challenge the results in Georgia amounted to a criminal conspiracy to defraud elected officials and trick them into violating their oaths of office.
One of the key charges in Willis’ indictment involves the so-called “fake electors” – the alternate slate of electors the Trump campaign presented from Georgia.
But there is a big problem with this charge that caused the case to collapse.
Willis was in possession of the transcript of the meeting where the Trump alternate electors met with campaign lawyers to discuss how to challenge the certification of Georgia’s electors.
On December 5, the Trump campaign sued to prevent the certification of Georgia’s electors.
December 14 was the day it was to be made official.
Georgia GOP Chairman David Shafer – one of those charged by Willis – told the alternate electors that they are the only way to keep Trump’s legal challenge viable.
The Trump campaign labeled the alternate electors as the “Republican nominees for Presidential Elector” and did not call them 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 told the attendees “And so in order to preserve his rights, it’s important that the Republican nominees for Presidential Electors meet here today and cast their votes.”
Shafer then asked Trump campaign lawyer Rob Smith to confirm that the courts would dismiss Trump’s challenge unless Republicans submitted alternate electors.
“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?” Schafer asked Smith.
“That’s correct,” Smith responded.
Smith said that “in accordance with the Constitution” as set by the precedent in the 1960 Hawaii case , “we’re conducting this because the contest of the election in Georgia is ongoing.”
In 1960, Richard Nixon was initially declared the winner of Hawaii’s electoral college vote.
But the John F. Kennedy campaign challenged the results and submitted their own slate of electors.
The Kennedy campaign won their legal challenge and was awarded Hawaii’s votes in the Electoral College.
Trump’s supporters in Georgia followed this precedent and made sure to never present themselves as the legitimate electors.
And now critics are wondering if Willis had this exculpatory evidence in her possession before proceeding with the indictment.
If Willis had this evidence in hand but still indicted Trump supporters for a conspiracy to defraud Georgia, then the case could get thrown out.
Patriot Political will keep you up-to-date on any developments to this ongoing story.