Surprise! An intriguing code found within Georgia’s law could give President Trump quite the edge in this week’s latest indictments filed by District Attorney Fani T. Willis. Specifically, the law could allow Trump and all 18 defendants the right to take legal action against the DA for malicious prosecution.
The law, GA Code § 51-7-40 (2022) states, “A criminal prosecution which is carried on maliciously and without any probable cause and which causes damage to the person prosecuted shall give him a cause of action.”
Further commentary also states, “Georgia law makes a distinction between an action for malicious prosecution and one for malicious use of civil process. The former is strictly a remedy for a malicious criminal prosecution and is governed by the Code sections in this article. The latter action has its basis in the common law. The essential elements of both actions, however, are substantially similar.”
As of this writing, it is unknown whether Trump’s legal team will pursue this course of action.
President Trump released a statement that he will release a conclusive report during a news conference next week. Many reactions to the indictments, including Georgia’s Governor Kemp, have been showing up all over social media:
GA Governor Kemp’s claim that the 2020 election was not stolen, is false. Project Veritas, along with others who have investigated the election, have shown otherwise. https://t.co/oLTjtqsUlTpic.twitter.com/Y4CmykZxyS