The Washington PostDemocracy Dies in Darkness

Opinion No evidence of election fraud, but clear evidence of criminal intent

President Trump speaks during a rally on Jan. 4 in Dalton, Ga. (Jabin Botsford/The Washington Post)

Contrary to Ruth Marcus’s Jan. 5 op-ed, “Investigate first, litigate maybe,” the Jan. 2 audiotape provides overwhelming evidence that President Trump, with fraudulent criminal “intent,” tried to have the Georgia presidential election results falsified. Mr. Trump made a veiled threat of criminal prosecution against the Georgia secretary of state if he failed to “find” an additional 11,780 votes. Mr. Trump misrepresented that definitive evidence of electoral fraud would be forthcoming imminently. No evidence was presented by Mr. Trump to justify overturning the election. He falsely maintained Biden ballots were counted three times. He charged electoral fraud knowing his own pliable attorney general, William P. Barr, and cybersecurity chief, Christopher Krebs, had vouched for the accuracy of the electoral results. 

The Federal Rules of Evidence would permit the voluminous evidence that Mr. Trump had made obstruction of justice a way of life at the White House to prove corrupt intent beyond a reasonable doubt. Finally, since the Jan. 2 phone call, Mr. Trump has failed to adduce any evidence to substantiate his falsehoods.

Bruce Fein, Washington

The writer was associate deputy

attorney general from 1981 to 1983.

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