Anthony Michael Kreis, a University of Georgia law professor, said: “The Georgia code says that anybody who solicits, requests or commands or otherwise attempts to encourage somebody to commit election fraud is guilty of solicitation of election fraud. ‘Soliciting or requesting’ is the key language. The president asked, in no uncertain terms, the secretary of state to invent votes, to create votes that were not there. Not only did he ask for that in terms of just overturning the specific margin that Joe Biden won by, but then said we needed one additional vote to secure victory in Georgia.”
Kreis added that the phone call could not be divorced from recent episodes in which Trump amplified a false conspiracy theory about Raffensperger’s family and his vows to end the political careers of people like the secretary of state and Georgia’s governor, Brian Kemp, for upholding Biden’s victory in the election. He also said Trump’s request for a specific number of votes — just enough to prevail by one — undercut the notion that he was simply asking for the truth.
“If I’m the president of the United States and my pardon power is not — does not extend to state acts, I don’t think that in the last few days of my term that I would want to be engaging in activities that even remotely subject me to the possibility of state criminal prosecution,” Kreis said. “That’s what makes this even more bewildering to me, is because if he had sensible advisers they would just keep him off the phone.”