David J. Worley, an Atlanta lawyer, said a transcript of the hour-long call, a recording of which was obtained by The Washington Post, amounted to “probable cause” to believe that Trump had violated Georgia election code.
“It’s a crime to solicit election fraud, and asking the secretary to change the votes is a textbook definition of election fraud,” he said in an interview with The Post on Sunday.
In his letter to Raffensperger, Worley said that “such an incident, splashed as it is across every local and national news outlet, cannot be ignored or brushed aside.”
Worley cited Georgia state code § 21-2-604, which makes it a crime to solicit someone else to commit election fraud. Such a violation can be punished by up to three years in prison.
Worley said that a complaint citing the same statute had previously been filed by Michael Moore, a former U.S. attorney in Georgia, against Sen. Lindsey O. Graham (R-S.C.).
Raffensperger told The Post in November that Graham, among other Republicans, had been pressuring him to exclude ballots in the state’s presidential election recount. The senator had questioned the validity of legally cast absentee ballots, Raffensperger said.
Raffensperger’s office has the power to open probes into possible violations of state elections law. His office then submits a report to the elections board, Worley said, which decides whether there is probable cause to refer the case for prosecution.
Raffensperger’s office didn’t immediately respond to a request for comment late on Sunday.