My Criminal Referral Against the President of the United States

I have filed a criminal referral with Josh Stein, the Attorney General for North Carolina. I did so at this website: ncdoj.gov/… The criminal referral read as follows.

Dear Attorney General Stein,

I would like to make a criminal referral against Donald J. Trump, the current President of the United States, for his attempt induce North Carolina voters to vote twice in the upcoming general election (in violation of N.C. General Statute 163–275(7), and for subversive activities as defined by the North Carolina Criminal Code at Section 14–11.

In a public speech on September 2, 2020 at the Wilmington North Carolina airport President Trump urged voters who vote absentee, or by mail, to then attempt to vote in person on election day. The President said: “If you get the unsolicited ballots, send it in, and then go — make sure it counted. And if it doesn’t tabulate, you vote. You just vote. And then if they tabulate it very late, which they shouldn’t be doing, they’ll see you voted, and so it won’t count. So, send it in early, and then go and vote. And if it’s not tabulated — you vote. And the vote is going to count.”

Pursuant to N.C. General Statute 163–275(7) it is Class I felony to induce another to vote twice. Even if you conclude that this requires such an induced person to actually vote twice then the President is still guilty of “attempts” to violate this statute under North Carolina law. It should be noted that prior statements by Donald Trump have induced others to unlawfully vote twice. In 2017 Terri Lynn Rote, of Des Moines Iowa, was convicted for voting twice for Donald Trump in the 2016 general election. She did so because because she believed then candidate Trump’s claims the election was rigged and that she needed to vote twice to make up for the election fraud Trump claimed the other side was committing. The appeal to vote twice was, in this case, much more direct.

Pursuant to North Carolina Criminal Code at Section 14–11 it is “unlawful for any person, by word of mouth or writing, willfully and deliberately to advocate, advise or teach a doctrine that the government of the United States, the State of North Carolina or any political subdivision thereof shall be overthrown or overturned by force or violence or by any other unlawful means.” In this case, the President’ advocacy for voting twice constitutes “other unlawful means.” Voting twice is unlawful, advocating that voters vote twice is unlawful and subversive to the state and national government.

It is your duty to protect the sanctity of North Carolina’s electoral processes. The President’s urging voters to vote twice is an assault on that sanctity. Anyone doing as the President of the United States advised them to do would be subject to prosecution by your office. I urge you to convene a grand jury to investigate this matter and to strongly consider indicting President Donald Trump for the crimes described above.

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Retired lawyer & Army vet in The Villages of Florida. Lifelong: Republican (pre-Trump), Constitution buff, science nerd & dog lover. Twitter: @KeithDB80

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