Perversely, Trump’s best defense here might be that he actually — however delusional it may sound — believes he won Georgia and had votes stolen from him. In that case, it would be difficult for prosecutors to prove that the ballots Trump seeks to have counted were “known by the person to be materially false.”
I spent 14-plus years as a federal and state prosecutor. I understand how difficult it can be to prove a crime based on the subject’s state of mind. And I fully appreciate the political and practical issues that could accompany a potential criminal charge against the prior president. It is fair for prosecutors to weigh these concerns. But prosecutors are simply not doing their jobs if they don’t at least commit to investigate, find all the relevant facts, and then make a decision about whether a criminal charge is warranted. To not even open an investigation — to refuse to even dig in and get all the facts — would be an abdication of prosecutorial duty.
Now, your questions
Mike (Oregon): If the same political party controlled both the House and Senate, could they legally vote to overturn electoral votes cast for the other party’s presidential candidate?