In the wake of the Fulton County grand jury indictment of Donald Trump and 18 of his allies, Republicans and MAGA fiends are pulling out the usual stops to decry the ever-mounting list of charges against the former president. Some are calling for “civil war”; others are claiming that they fear it may now somehow be illegal to watch TV.
But at least one MAGA pal is raising a more concrete plan of action to shield the four-times-indicted former president from legal accountability in Georgia: Write a Trump loophole into the law. Lawyer and commentator Mike Davis, who is a former law clerk for Supreme Court Justice Neil Gorsuch and former aide to Sen. Chuck Grassley (R-IA), took to Fox News last night to argue that Georgia Republicans should rally together to change state law so Trump can be pardoned.
If Trump is ultimately convicted on the racketeering charge under Georgia’s RICO Act statute, he does not, at the moment, have a clear path to a pardon under Georgia law — he cannot by pardoned by a U.S. president, nor can he be pardoned by a Georgia governor.
Appearing on Fox News late Monday night just after the indictment was made public, Davis suggested this path to a Trump carveout:
“Under the Georgia law, there is a statute that limits the Republican governor’s ability to pardon, and I think that the legislature in Georgia needs to amend that statute and give Governor Kemp the ability to pardon in this situation because this is clear election interference,” Davis said. “It is clear Democrat lawfare by Democrat prosecutors where they are trying to have Democrat prosecutors, Democrat judges and Democrat juries and Democrat hellholes decide the next presidential election instead of the American people.”
Though the state’s legislature is controlled by Republicans and an amendment to the state constitution could be proposed in either the state House or Senate, changing the constitution in Georgia, like other states, would be a significant undertaking, requiring the approval of both a supermajority in the legislature and of Georgia voters.
The Best Of TPM Today
Here’s what you should read this evening:
New from Josh Kovensky: The 6 Interlocking Schemes Fani Willis Is Trying To Make Stick To Teflon Don
Catch up on our live coverage: Trump, 18 Others Indicted In Fulton County Have 10 Days To Voluntarily Surrender
In case you missed it last night: Striking Number Of GOP Figures Feature In The Fulton County Indictment
New episode of the Josh Marshall Podcast: The Trial Will Be Televised
Yesterday’s Most Read Story
Trump Spent The Weekend Publicly Attacking His Judge — David Kurtz