The Shafer Defense
State of Georgia v. Donald J. Trump, David J. Shafer, et al.
State of Georgia v. Donald J. Trump, David J. Shafer, et al.
In 2021, newly elected Fulton County District Attorney Fani Willis, a Democrat, announced that she would begin “investigating” President Donald J. Trump and the Republican Party. She hired Nathan Wade, a Cobb County personal injury and DUI attorney, to lead the investigation as “Special Prosecutor.”
Among the hundreds of “targets” of their investigation was former State Senator David Shafer, Chairman of the Georgia Republican Party and a Republican-nominated presidential elector during the 2020 election cycle.
Chairman Shafer, who had criticized Fulton County in its conduct of the election, joined President Trump as co-plaintiff in a lawsuit contesting its outcome. The lawsuit was pending on December 14, 2020 when the federal Electoral Count Act required the Presidential electors to meet and cast their votes for President and Vice President. On the advice of legal counsel, Shafer and the other Republican presidential electors cast “contingent electoral ballots” to preserve the President’s legal remedies in the event that he ultimately prevailed in the contest.
David Shafer’s actions were expressly authorized by federal and state law.
Chairman Shafer pled NOT GUILTY and filed motions to quash the indictment and disqualify Willis and Wade for improper conduct in the investigation and prosecution of the case.
Fulton Superior Court Judge Scott McAfee ordered a hearing. He found that Willis and Wade left an “an odor of mendacity” in his courtroom with their attempts to justify and explain away their conduct. Citing a significant appearance of conflict of interest, Judge McAfee forced Wade to resign as Special Prosecutor. Upon further review of Judge McAfee’s findings, the Georgia Court of Appeals disqualified Willis and her entire office from the case, which was reassigned to the nonpartisan Prosecuting Attorneys Council of Georgia.
The Prosecuting Attorneys Council of Georgia appointed a respected former District Attorney to re-investigate the case. He issued a 22 page report explicitly exonerating Chairman Shafer by name. The report concluded that Shafer acted lawfully, relying on legal advice and historical precedent.
The Prosecuting Attorneys Council of Georgia then moved to dismiss the indictment against President Trump, Chairman Shafer and the other defendants. Judge McAfee granted the motion, dismissed the case in its entirety and ordered the record of it be expunged, completely clearing Chairman Shafer’s name.
Chairman Shafer’s lead attorney, Craig A. Gillen, who has practiced law for 49 years and served as an Assistant District Attorney, Assistant United States Attorney and Deputy Independent Counsel in the Iran-Contra investigation, called the Willis prosecution “one of the most disturbing exercises of prosecutorial discretion” that he had ever observed.
Gillen said: “David Shafer is completely innocent, and we have always been confident that an objective review of the facts and law by a competent and ethical prosecutor would result in his complete vindication.”
Here are the case files.
Shafer’s lawyers repeatedly asked for meetings with District Attorney Fani Willis to discuss the investigation.
Read the first unanswered letter to District Attorney Fani Willis, written on December 23, 2022, requesting a meeting to discuss the investigation.
Read the second unanswered letter to District Attorney Fani Willis, written on January 3, 2023, requesting a meeting to discuss the investigation.
Read the third unanswered letter to District Attorney written on February 24, 2023, requesting a meeting to discuss the investigation.
Read the fourth unanswered letter to District Attorney Fani Willis, written on March 26, 2023, reiterating the request for a meeting and explaining that Shafer’s actions were perfectly legal, authorized by state and federal law, consistent with historical precedent, and guided by the counsel of attorneys whose advice and conduct had been reviewed and vindicated by the State Bar of Georgia.
Read the fifth unanswered letter to District Attorney Fani Willis, written on July 18, 2023, further explaining that the entirety of Shafer’s conduct was constitutionally protected and submitting an expert declaration by Professor Todd Zywicki.
Read the indictment brought by Fulton District Attorney Fani Willis and Special Prosecutor Nathan Wade without ever meeting with Shafer’s attorneys.
Read the statement to the media by Shafer’s attorneys: He is “totally innocent” of the “unfounded” charges against him and the entirety of his conduct was “lawful, appropriate and specifically authorized by the U.S. Constitution, federal and state law and long-standing legal precedent.”
Read the NOT GUILTY plea by David Shafer.
Read the Plea in Bar and Motion to Quash the Indictment by David Shafer seeking to quash the indictment and bar the prosecution because the entirety of his conduct was authorized by federal law and protected by the United States Constitution.
Read the Supplemental Brief Supporting the Shafer Plea in Bar and Motion to Quash the Indictment.
Read the General and Special Demurrer moving to dismiss counts from the indictment on the grounds that the indictment is riddled with “fatal” “defects” and that Willis is seeking to “punish conduct by Mr. Shafer which was lawful.”
Read the Special Demurrer and Motion to Strike Erroneous Legal Conclusions from the indictment.
Read the Motion by David Shafer to Disqualify District Attorney Fani Willis for forensic prosecutorial misconduct.
Read the Supplement to the Shafer Motion to Disqualify District Attorney Fani Willis, including exhibits showing false interrogatory answers by Special Prosecutor Nathan Wade.
Read this analysis by attorney and former law professor Margot Cleveland: “The 2020 Georgia situation mirrors events of 60 years ago in Hawaii, revealing that everything the media have said about ‘fake electors’ is wrong.”
Read this expert declaration by Professor Todd Zywicki of George Mason University: Shafer’s actions “were lawful, reasonable, proper, and necessary, and any suggestion that they could be ‘criminal’ ignores legal and historical precedent, the reasoned advice of legal counsel received, and the plain language of the Constitution, federal and Georgia law.”
Read this analysis by former Assistant United States Attorney John Malcolm, now a scholar at the Heritage Foundation: David Shafer was “legally correct,” “no one should be forced to defend themselves against unwarranted and politically motivated charges,” and any indictment of Shafer “would simply be beyond the pale.”
Read this further analysis by former Assistant United States Attorney John Malcolm, now a scholar at the Heritage Foundation: The Republican nominated electors who cast contingent electoral votes for President Trump in Georgia acted lawfully and the indictment is an “injustice.”
Read this analysis by Shawn Fleetwood of The Federalist: The evidence “exonerates” Shafer and the other Republican nominated electors who cast contingent electoral votes. Shafer “followed the Hawaii precedent precisely” and used “materially identical forms and the same procedures as the continent 1960 Hawaii Democratic Presidential Electors.”
Friends of David Shafer have organized a legal defense fund to help him fight these unfounded and politically motivated charges. You can also show your support for him here at this GiveSendGo page.