A modest proposal for arresting and indicting GA Secretary of State Brad Raffensperger

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According to PACG’s “Grand Jury Handbook,” a private citizen can seek an arrest warrant from a magistrate, with or without the participation of the cops or the DA.

…In other cases, a private individual will have obtained an arrest warrant from a magistrate accusing a person of a crime. In these cases, there often has been little or no investigation by law enforcement.

After the accused is arrested, he or she will be brought before a magistrate, who will decide if the accused should be released on bail or held in custody. At that time, the accused may ask for a commitment hearing or allow the case to be bound over to Superior Court. If a commitment hearing is held, a magistrate will consider the facts in the case and determine if there is sufficient reason to believe that the accused committed the crime charged. If the magistrate determines that there is, the case will be bound over to the Grand Jury.

Grand Jury Handbook, p. 23. On the same page, the handbook says individual grand jurors who learn about a crime can ask the DA to draw up an indictment. Frankly, I’m amazed that a prosecutor’s association would make this information public, because most prosecutors are deathly afraid of a rogue grand jury, i.e., a grand jury that starts thinking for itself instead of eating out of the DA’s hand. In fact, I’m wondering if private citizens in Georgia (like Texas) can petition the grand jury directly (if so, maybe PACG just didn’t want to mention that).

I’m sure there are some smart lawyers in Georgia who can answer that question, and I’m hoping the answer is “yes.” Regardless, there is at least some process for bypassing unfriendly prosecutors and going directly to a magistrate. So who is going to step up to the plate in Georgia?

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