NELSON COUNTY, Va. — A jury in this bright-red corner of rural Virginia found an avid Donald Trump fan not guilty of attempted illegal voting in a one-day trial Monday, accepting the man’s claim that he was only trying to test the election system for voter fraud when he asked to vote a second time in local elections last year.
Archived at https://archive.is/U7AoW
I completely disagree.
An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur. Attempt to commit a particular crime is a crime, usually considered to be of the same or lesser gravity as the particular crime attempted.
You cannot audit law enforcement by attempting to commit crimes and use that as an excuse to get away with it. While, yes, receiving a second ballot is not in itself a crime, doing it intentionally is clearly an action that serves no legitimate purpose and only serves to allow them to commit the crime of voting multiple times. He inarguably took substantial steps to commit a crime. And he had the intent to do what he did (i.e. he didn’t forget or get confused or was misled. He knew what he was doing and did it anyway). Therefore, this was pretty clearly attempted voter fraud.
If you still disagree because he only tried to collect a ballot, but hadnt yet attempted to cast it, let me give you a comparable situation that may make the crime a bit more visceral feeling. Your landlord gets caught installing a hidden camera in your bathroom. Technically, all he had done at that point was responded to your notice of a broken outlet, entered your apartment with the necessary notice, removed your broken bathroom outlet, and had a hidden camera outlet device on hand and no other replacement outlet. Technically none of the individual acts were illegal and you caught him with the device before it was installed. He claims that he was never going to turn it on, he was just testing you to see if you were being vigilant against such dangers and checking for hidden cameras in your home. So did he attempt to commit a crime? If your answer to this is yes, but not to the ballot thing, please explain the fundamental difference legally for me?
They probably didn’t have you as a prosecutor there, unfortunately.
I’m a public defender. Was about to talk about how even though I’m as leftist as they come and find this guy reprehensible, that I’d have had no problems arguing what he argued in court… But I missed that it was charged as “attempted.” That’s an excellent point. I agree that he almost certainly attempted to commit voter fraud.
That said, I can still see how the jury could find a not guilty though, even if, were I on it, I would have said guilty. Attempted crimes still have a mens rea (usually, and I’ll note here that I’m not barred in PA so this is all a best guess, consult a local attorney to know anything for sure). So the state would still have to prove his intent beyond a reasonable doubt.
I’m guessing the jury said they couldn’t prove the intent beyond a reasonable doubt. Your argument convinced me, but, I can see how a jury might go the other way, for sure. Especially since juries are always unpredictable. I’ve won cases I should’ve lost and lost cases I should’ve won, you just never know what’s gonna happen in the jury room.
Subpoena his Facebook messages and I bet you’d find him messaging friends how he was going to vote twice and they should too.
That would have been enough.
Not sure how you’d win access to them in the first place, but they’ve been used before.