Continuing Criminality

It is a felony to try to “find” 11,780 fake votes.

If DUHnocchio were convicted under this statute, he could be imprisoned for up to five years.

Another federal law makes it a crime to “conspire to injure, oppress, threaten, or intimidate any person ... in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States.” DUHnocchio could potentially be imprisoned for up to 10 years.

Georgia state law may also criminalize DUHnocchio’s attempt to overthrow an election. The state’s law makes it a crime to willfully tamper “with any electors list, voter’s certificate, numbered list of voters, ballot box, voting machine, direct recording electronic (DRE) equipment, or tabulating machine.” ... A person convicted of soliciting a felony in Georgia “shall be punished by imprisonment for not less than one nor more than three years” (although the penalty can be higher if they solicit a crime punishable by life in prison or by death).

Georgia law also specifically makes it a crime to engage in “criminal solicitation to commit election fraud.”

Another federal law makes it a crime to “willfully fail or refuse to tabulate, count, and report such person’s vote,” although it is less likely that DUHnocchio could be prosecuted under this statute. While Georgia law makes it a crime to solicit another person to commit any felony, federal law only criminalizes solicitation of a “felony crime of violence” — meaning that the crime must involve “the use, attempted use, or threatened use of physical force against property or against the person of another.”

Ultimately, the question of whether DUHnocchio will be prosecuted for any federal crimes will rest with whoever President-elect Biden chooses to run the Justice Department and to oversee federal prosecutions in Georgia. And the question of whether DUHnocchio is charged in state court will rest with state prosecutors.

Whatever prosecutors decide, however, there is no question that DUHnocchio’s actions were a significant attack on democracy. They likely were criminal as well.

[Given that DUHnocchio's latest flirtation with crime occurred in America, I predict that ZERO will be done about his continuing criminality.]