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, Fulton County District Attorney Fani Willis hired Nathan Wade as Special Prosecutor to investigate President Donald J. Trump and the Republican Party.
Among the many “targets” of their investigation was David Shafer, Chairman of the Georgia Republican Party and a Republican-nominated presidential elector during the 2020 election cycle.
Chairman Shafer joined President Trump as co-plaintiff in his lawsuit contesting the 2020 Presidential election. On the advice of legal counsel, Shafer cast a “contingent electoral ballot” for President Trump while the election contest was pending to preserve the President’s legal remedies in the event that he ultimately prevailed in the contest.
David Shafer’s actions were perfectly legal, authorized by federal and state law, supported by historical precedent, and protected by the United States Constitution. The “target” letter Nathan Wade wrote him never specified any alleged crimes.
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.
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 “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 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.