If, as the committee argues, President Trump’s claims of a stolen election constitute common-law fraud, then Abrams could be in legal danger, too.
If, as the committee argues, President Trump’s claims of a stolen election constitute common-law fraud, then Abrams could be in legal danger, too.
J ust under two weeks ago, the House’s January 6 committee laid out potential criminal charges against former president Trump in an explosive new filing in a California court. The committee’s theory that Trump is guilty of common-law fraud should make Stacey Abrams sweat, given her repeated claims that she won Georgia’s 2018 gubernatorial election.
Over slightly more than five pages, the committee argues that President Trump could potentially be charged with conspiracy to defraud the American people. The committee specifically states that there is evidence that Trump’s repeated false claims that the 2020 election was stolen from him amount to common-law fraud. The parallels to Abrams’s own years-long campaign of stolen-elections lies are unmistakable.
According to the committee, in Washington, D.C., and many other jurisdictions, fraud (whether common-law or statutory) occurs when a person or entity makes (1) a false representation; (2) in reference to material fact; (3) with knowledge of its falsity; (4) with the intent to deceive; and (5) action is taken in reliance upon the representation.
Abrams’s false claims check off every box.
1) A False Representation: Since her 55,000-vote loss to Republican Brian Kemp in Georgia’s November 2018 gubernatorial race, Abrams has repeatedly claimed that the election was stolen from her. In March 2019, she explicitly stated, “I did win my election, I just didn’t get to have the job.” She also told an audience that she would never concede to Kemp. Like President Trump after his loss to Joe Biden, Abrams alleged (in January 2019) that the gubernatorial election had been “stolen from Georgians.” Even almost three years later, in an October 2021 campaign stop in Virginia, Abrams still refused to back down, arguing, “Just because you win, doesn’t mean you won.”
2) In Reference to a Material Fact: The committee states that false representations of winning an election are false statements of material fact. Abrams’s claim that she “did win” election when she did not certainly meets that standard.
During her non-concession speech, Abrams asserted that “tens of thousands [of voters] hung in limbo, rejected due to human error and a system of suppression,” despite the fact that the allegedly “rejected” voters could have had their ballots counted by simply showing a state ID.
She claimed and continues to claim that “a million citizens found their names stripped from the [state’s voter] rolls,” yet her many lawsuits failed to include anyone who was unable to vote because of roll maintenance, and an Obama-appointed judge ruled that the “voter purge” argument lacked merit.
Her organization, Fair Fight Action, claimed that Georgia’s voting machines “erased” votes in 2018. A judge has ruled against that claim, too.
There was never any empirical evidence to support the claim that Abrams’s election was stolen. Indeed, USA Today ruled it false twice in November 2020.
3) Knowledge of Its Falsity: Abrams has been repeatedly confronted on her false claims that her election was stolen. In November 2018, CNN’s Jake Tapper asked Abrams about the difference between the “voter purges” in Georgia and the routine voter-roll maintenance done in every other state. In December 2020, CNN asked Abrams about the similarity between her stolen-election claims and President Trump’s. She repeated the lie that the 2018 race was “stolen” because “1.4 million voters were purged from the rolls,” despite knowing that her own lawsuit had failed to prove that anyone was deprived of his right to vote through list maintenance.
4) Intent to Deceive: As early as 2014, Abrams planned to use “themes of voter suppression” as a get-out-the-vote tool. Documents obtained through legal proceedings found that Fair Fight Action’s predecessor organization had even done polls on the effectiveness of those “themes” as a political message. In a 2019 deposition as part of those proceedings, Abrams’s campaign manager, Lauren Groh-Wargo, could not name a single instance in which a Georgia voter was not able to cast a ballot because of his race. In short, Abrams and Fair Fight decided to use “voter suppression” as a get-out-the-vote tool and fundraising tactic, though they lacked any evidence to support their claims; this demonstrates an obvious intent to deceive.
5) Action Is Taken in Reliance Upon the Representation: Abrams and her organization Fair Fight Action have capitalized significantly off of their stolen-election claims. Between its 2018 founding and July 2021, Fair Fight raised more than $100 million, making it “among the wealthiest political action committees in the country.” The group spent $66 million on “Democratic campaigns and causes” in 2020 alone. In pursuit of their fundraising goals, Abrams and Fair Fight repeatedly used false claims of voter suppression to convince Americans to donate.
As a member of Georgia’s State Elections Board during and after the chaos of the November 2020 election, I have consistently corrected the record on false stolen-election claims, because I know first-hand the corrosive effect that such claims can have on our republic. Now, the January 6 committee’s court filing has given Democrats the perfect opportunity to correct the record on Stacey Abrams’s falsehoods. I’d urge them to take it.