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Question about sheriff and DA powers

Patriotic Voter

Patriotic Voter

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Some of the 19 co-defendants in the Georgia state election subversion case only committed crimes in Coffee or Cobb County. Kani Willis was only elected by Fulton County voters. So was the Fulton County sheriff. What gives them the power to charge co-conspirators who committed all the crimes they did outside Fulton County?
 
I hope these excerpts help explain it, there's more info in the link!

To veteran Atlanta defense attorney Steve Sadow, the reason why the Fulton County grand jury, which is tasked with examining potential criminal interference in Georgia’s 2020 presidential elections, would be interested in an incident as far away as Coffee County is obvious.

“RICO, RICO, RICO,” he said, using the acronym for the Racketeer Influenced and Corrupt Organizations Act.

The anti-racketeering law allows prosecutors to seek charges against people who participate in repeated misconduct in the name of protecting an enterprise, which could be a gang, an organization or interest.

Should they decide to pursue RICO charges here, prosecutors could deem the Trump campaign — or the presidency itself — the enterprise, experts say.

Sadow said that not all predicate acts have to have been committed in Fulton County — or even in Georgia. As long as Willis can prove that at least some occurred on her home turf, she can make a RICO charge as broad as she’d like, he said.

www.ajc.com

Why Fulton prosecutors are interested in Coffee County data breach

A Fulton County special grand jury is looking closely at an election data breach some 200 miles south of metro Atlanta. That suggests prosecutors are seriously weighing racketeering charges as they probe efforts by former President Donald Trump and his allies to overturn the 2020 elections...
www.ajc.com www.ajc.com
 
As Jessie C explained above, an indicted defendent in a Fulton County, Georgia RICO case need not have even stepped foot in Georgia if it can be proved that said defendent was part of the continuing criminal enterprise (RICO) being prosecuted.
 
because it is in relation to a STATE election...so, the violations aren't at a county level....they are at a state level. Fulton is where the state capitol is located...Atlanta, GA is the capitol.
 
ClaraD said:
because it is in relation to a STATE election...so, the violations aren't at a county level....they are at a state level. Fulton is where the state capitol is located...Atlanta, GA is the capital.
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So Georgia's Attorney General should be the prosecutor, not District Attorney Fani Willis, because of their job titles.
 
Patriotic Voter said:
So Georgia's Attorney General should be the prosecutor, not District Attorney Fani Willis, because of their job titles.
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They are both empowered to enforce state laws.

That’s how Fanni was able to go after cheating teachers, for example.
 
Slartibartfast said:
They are both empowered to enforce state laws.
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How is a district attorney empowered to enforce any laws outside her county? Only Fulton County voters elected her. She was elected to be the Fulton County prosecutor.
 
Patriotic Voter said:
How is a district attorney empowered to enforce any laws outside her county? Only Fulton County voters elected her. She was elected to be the Fulton County prosecutor.
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because that’s part of their job
 
Patriotic Voter said:
How is a district attorney empowered to enforce any laws outside her county? Only Fulton County voters elected her. She was elected to be the Fulton County prosecutor.
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DA's prosecute laws under state law...counties have ordinances...all of the counties fall under state criminal code.
 
Patriotic Voter said:
Then her job title should not be district attorney.
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There are 49 district attorneys in Georgia and 159 counties.

It’s not a county level position.

If you compare it to district attorneys in the US, it corresponds to federal districts (89) and not states (50).

the term district is just the naming convention.
 
Patriotic Voter said:
Why is it part of her job?
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A DA's job is to prosecute state crimes. The SOS is in Fulton co. The area where elections are dealt with is in the state capitol. Trump already tried to get Willis removed from the case and lost. The Georgia Supreme Court shot down his petition to have her removed from the investigation. So, if she were not the appropriate DA do you not think that the Georgia Supreme Court would say, she couldn't prosecute him? They said the opposite.

Here

Georgia's top court rejects Trump attempt to thwart prosecutor in 2020 election investigation

Georgia's highest court has rejected former President Donald Trump's request to block a district attorney from prosecuting him for his actions in wake of the 2020 election.
apnews.com
 
Patriotic Voter said:
Then her job title should not be district attorney.
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District refers to the district she works in....she prosecutes STATE criminal code....in fact, that is the only criminal code there is in Georgia...county ordinances are different than criminal prosecutions...she doesn't deal with county ordinances. I realize you don't know how any of this works....but the proper jurisdiction is the state capitol of Georgia...she is the prosecutor for that area.
 
Patriotic Voter said:
If what defines her role is prosecuting state crimes, "district attorney" is the wrong job title.
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A solicitor general in Ga prosecutes misdemeanors and local ordinance violations....as well as family matters...a DA always prosecutes FELONIES at the state level. They represent the state of Ga...the reason she is in Fulton is she was elected there.
 

None of that has anything to do with using the job title district attorney for someone who is in charge of prosecuting state crimes, including those outside her own district. I read Coffee County is in southeast Georgia, near Jacksonville.
 
Jesus Christ on a motorbike, these are State charges including the GA State level version of RICO. Not every facet of the case, not every accused act of the crime, has to be exclusively committed in Fulton County for the overall case itself to be tried in Fulton County.

A little clue, Georgia is not the only State nor is Fulton the only county where this sort of thing happens.

The argument from Trump loving anti-Constitutionalists has nothing to do with where the crimes were committed and everything to do with legal strategy of who would be the likely judge and where a jury would be pulled from. Even the GA higher courts have shot down these arguments, why does this OP argument have any merit at all?
 
Patriotic Voter said:
None of that has anything to do with using the job title district attorney for someone who is in charge of prosecuting state crimes, including those outside her own district. I read Coffee County is in southeast Georgia, near Jacksonville.
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they are always called DA's...it is their title. They are always in charge of prosecuting state crimes....they are not outside of her district...these are ELECTION crimes....so, the proper venue is the state capitol.
 
Patriotic Voter said:
None of that has anything to do with using the job title district attorney for someone who is in charge of prosecuting state crimes, including those outside her own district. I read Coffee County is in southeast Georgia, near Jacksonville.
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This was already explained to you.
 

And the fact that she was only elected by Fulton County voters is why I am so confused about her role as a STATE prosecutor. Shouldn't a state prosecutor be on the ballot in all 150+ counties and be named as such?
 
Patriotic Voter said:
And the fact that she was only elected by Fulton County voters is why I am so confused about her role as a STATE prosecutor. Shouldn't a state prosecutor be on the ballot in all 150+ counties and be named as such?
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You do understand that Fulton county is where the state capitol is located right? Where is the Georgia Board of Elections located? Where is the Secretary of State located?
Also, no...there are DA's elected for each county by their constituents....she is a District Attorney for the State of Georgia.

The AG would not prosecute this type of crime...that is not in his job description

The Attorney General is the chief legal adviser for the Governor, as well as for all state agencies, boards, and commissions. The office represents the State of Georgia in all civil cases before any court and in all cases before the Supreme Court of the United States.
 
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