Potentially Violating The Law On The Results Of The US Presidential Election, Can Donald Trump Be Prosecuted?

Presiden AS Donald Trump. (Instagram/@realdonaldtrump)

JAKARTA - United States President Donald Trump has the potential to violate the US Federal Law and the Georgia State Law. This is related to the leaking of a recorded telephone conversation between Trump and Georgia State Secretary Brad Raffensperger regarding changes to the results of the US Presidential Election in Georgia.

Despite the potential for serious legal violations in the form of attempts to influence the outcome of the US Presidential Election, as said by a number of legal experts. However, Trump also still has the potential to avoid existing demands.

The Loyola Law School Professor of Election Law Justin Levitt explained that general criminal law requires a deliberate mindset or intention to commit a crime. If Trump is prosecuted, he could argue that he believes there has been fraud in the US Presidential Election.

"The only way not to violate the Georgia and Federal Laws is, he can ensure that there are 11,780 valid votes for him that have not been counted. Although there have been three different recounts," he explained.

However, experts have expressed doubts Trump will face federal prosecution. What's more, President-elect Joe Biden has said Trump's trial that could divide the country is not a priority.

"The conversation is an outrageous story about Donald Trump's attack on United States democracy," said Joe Biden's Senior Advisor Bob Bauer without addressing possible prosecution.

Although they can avoid the demands of the Federal Law, reflect the statement of Joe Biden, as well as the executive's right to grant clemency which is owned by the President of the United States. Donald trump still has the potential to face the laws of the State of Georgia.

US President Donald Trump. (Source: Commons Wikimedia)

As is known, Trump contacted Georgia State Secretary Brad Raffensperger by telephone regarding changes to the results of the US Presidential Election in Georgia.

Trump wants to recount the results of the US Presidential Election in Georgia. He wants to get 11,780 votes. Meanwhile, the results of the US Presidential Election vote there after auditing and recounting, still won Joe Biden with 11,779 votes.

As a result of this request, Trump has the potential to violate the Georgia State Law and the Federal Law regarding violations affecting the election results.

This law prohibits a person from deliberately requesting, ordering or trying to get another person involved in fraudulent election results.

Meanwhile in the US Federal Law, it also prohibits any attempt to change or deceive the public from an election process that is carried out fairly and impartially. Some legal experts believe Trump may have violated one or both of these laws.