Trump supporter tries to get Fani Willis arrested
Trump supporter tries to get Fani Willis arrested
In Georgia, anyone can apply to have someone arrested. They just have to be able to prove a crime was committed.
A Georgia Trump supporter is trying to use an obscure law to get Fulton County District Attorney Fani Willis arrested for her office's efforts to try the former president for his alleged effort to overturn the result of his 2020 election loss.
Whether he's legally allowed to do so is another question.
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What is the likelihood of this succeeding?
It seems unlikely to me that this will go anywhere.
The article makes it seem unlikely. First he would have had to file a police report showing that Willis has done him some harm or injustice and it's not clear if he has filed one. Then there has to be a hearing before a judge of a superior court, a judge of a state court, or a probate judge to decide if arrest is warranted. Most importantly, the individual making the claim must have standing. This guy is just some business owner who has no involvement with the GOP or any of the individuals charged so he likely lacks standing in the first place because he has to show that he personally has been harmed.
I am not familiar with Georgia jurisprudence and am not a lawyer but these things usually fail for various reasons. The procedure is proper, just heavily disfavored and as such incredibly scrutinized. IIRC it stems from British Common Law which allows for private prosecution (instead of a DA, the injured party hires a lawyer to prosecute the criminal case), but has been found illegal in a few states(I believe Georgia is one it is still “legal”).
For IANAL you got the shit. Thanks.
Just like the Trump indictments