Ex-Georgia GOP chair argues he can't be indicted in Fani Willis' election probe

In Michigan this week, 16 fake electors that signed their names to a false document proclaiming Donald Trump the 2020 winner, were indicted on forgery, conspiracy and other charges.

In the wake of that, former Georgia Republican Party chairman David Shafer made a claim to Fulton County's district attorney that he was protected by the constitution when he cast an “alternate” Electoral College ballot for then-President Donald Trump, reported the Atlanta Journal-Constitution.

He told DA Fani Willis he shouldn't be criminally charged. Willis is expected to hand down indictments soon after an investigation into attempts to overthrow the 2020 election.

In a 13-page letter to Willis, Shafer argues he is protected by the First, Fifth and 14th Amendments.

“Such actions are not and cannot be criminal or criminalized, and any attempt to do so is a direct assault on these most highly protected constitutional freedoms,” the letter claims.

It uses an "expert declaration" from George Mason University law professor Todd Zywicki, who defended Shafer's role.

His actions, Zywicki wrote, were, “lawful, reasonable, proper and necessary, and any suggestion that they could be ‘criminal’ ignores legal and historical precedent, the reasoned advice of counsel received and the plain language of the Constitution, federal and Georgia law.”

Recent political expenditures show that the state GOP shelled out more than $340,000 on lawyers for fake elector cases this year so far.

Read the full report at the AJC.