ATLANTA — Former President Donald Trump is facing 13 charges in a new indictment handed down from a Fulton County grand jury. That includes two counts for "knowingly, willingly, and unlawfully" making at least one false statement to Georgia's top election officials.
Those state leaders include Secretary of State Brad Raffensperger, Deputy Secretary of State Jordan Fuchs and Secretary of State General Counsel Ryan Germany, according to the indictment.
11Alive viewers have been questioning these counts, confused if lying can land someone behind bars or how freedom of speech comes into play.
THE QUESTION
Is making false statements about an election considered criminal?
THE SOURCES
- Darryl Cohen, former Fulton County prosecutor
- Dr. Andra Gillespie, associate professor of political science at Emory University
- Georgia Code §16-10-20
THE ANSWER
Yes, making false statements about the election can result in criminal charges.
WHAT WE FOUND
Speech is rarely criminal by itself. However, the Fulton County indictment alleges Trump's comments were part of a broader, concerted effort to violate the law.
Georgia Code §16-10-20 explains how someone who "makes a false, fictitious, or fraudulent statement or representation" under certain circumstances can be punished by a fine of up to $1,000, one to five years of imprisonment or both.
"We all have a right to free speech, but there's speech that, though it's free, is criminal," attorney Darryl Cohen said. "As an example, 'I'm going to kill you.' That's free speech, but that's also aggravated assault in Georgia."
He said context is key in these types of cases.
"By asking for votes, that's not in itself criminal," Cohen said. "By indicating that you need to find the votes by changing votes, by changing the voting process, by changing the voting machines — that's criminal."
Dr. Andra Gillespie, an associate professor of political science at Emory University, said prosecutors are likely looking at the larger picture.
"The issue here isn't the lying part of it," she said. "The issue here is coordinating with others to mislead people or to sign false documents in an attempt to try to overthrow an election result."