Fani Willis has a case. It’s just not the case she brought. In this two-part series, I’ll first posit why the indictment the Fulton County district attorney has filed in Georgia state court is ill-conceived. Then, I’ll outline the case she could properly have brought — addressing how it should have been structured, what counts seem viable, and what charges are constitutionally objectionable or otherwise wanting. Let’s proceed with part one.
It would be more accurate to say Willis has a series of cases, more modest individually and collectively than the agitprop that passes for her indictment. That is because as the district attorney of Fulton County, Ga., Willis is a state prosecutor. Because the states, not the federal government, are principally responsible for conducting elections, Willis has at her disposal an array of penal laws specifically designed to promote election integrity. This gives her an advantage over Biden Justice Department special counsel Jack Smith, who has had to stretch such federal-law concepts as fraud and obstruction, which were not enacted with elections in mind, and civil-rights protection, in which Congress endeavored to protect the exercise of the franchise, not criminalize post facto schemes to undo the popular vote by political and judicial means rather than violence.
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