At a hearing in Georgia yesterday, Fulton County District Attorney Fani Willis said a decision is ‘imminent’ on whether or not they will criminally charge Donald Trump and his allies for their efforts to change the results of the 2020 presidential election in Georgia. This attempt was an attack on the will of American voters and our country. The Justice Department, Georgia prosecutors, and other criminal investigations must aggressively continue to follow the facts, no matter where they lead. Donald Trump and his allies must comply with the investigation, including potential subpoenas and indictments, in order to ensure a fair, just process. We must hold them accountable and protect our right to pick our own leaders. The law is on the side of Georgians to hold Donald Trump and his allies accountable.
Atlanta Journal-Constitution: Fulton DA: Decision On Indictments In Trump Probe May Be ‘Imminent’. “Fulton County District Attorney Fani Willis suggested Tuesday that a decision on whether to seek indictments is ‘imminent’ following an eight-month special grand jury investigation into whether former President Donald Trump and his allies criminally meddled in Georgia’s 2020 elections. Her comments came at the beginning of a 90-minute hearing in which Superior Court Judge Robert McBurney considered whether and when to release the grand jury’s final report. The document is expected to include the group’s findings and charging recommendations. Willis and her team argued the report should be kept under seal for now. ‘The state understands the media’s inquiry and the world’s interest, but we have to be mindful of protecting future defendants’ rights,’ the DA said. Without commenting on who those future defendants may be, Willis said ‘decisions are imminent.’ ‘At this time, in the interest of justice and the rights of not the state, but others, we are asking that the report not be released,’ she said. The DA’s remarks were Willis’ most detailed in months. The Democrat, who is up for re-election next year, has avoided publicly commenting on the probe since before the midterm elections.” [Atlanta Journal-Constitution, 1/24/23]
The Guardian: Could Trump Be Charged For Racketeering? A Georgia Prosecutor Thinks So. “An Atlanta prosecutor appears ready to use the same Georgia statute to prosecute Donald Trump that she used last year to charge dozens of gang members and well-known rappers who allegedly conspired to commit violent crime. Trump and allies have yet to face any criminal consequences for their efforts to overturn the 2020 election. Fani Willis was elected Fulton county district attorney just days before the conclusion of the 2020 presidential election. But as she celebrated her promotion, Trump and his allies set in motion a flurry of unfounded claims of voter fraud in Georgia, the state long hailed as a Republican stronghold for local and national elections. […] In a recent interview with the Washington Post, Willis praised the utility of Georgia’s law. ‘I have right now more Rico indictments in the last 18 months, 20 months, than were probably done in the last 10 years out of this office,’ she said. […] While the special grand jury proceedings are confidential, there is speculation as to how Willis will proceed following Tuesday’s hearing, Cunningham said. But given her history of using the Rico Act, he said it’s likely she will string together ‘all kinds of different events over the span of a number of months, which by themselves might seem innocent or not seem worthy of prosecution’, to create a ‘convincing narrative that this was a conspiracy to ultimately undermine American democracy.’” [The Guardian, 1/24/23]
Reuters: Charging Decision In Trump Election Case ‘Imminent,’ Georgia Prosecutor Says. “‘We are asking that the report not be released, because – you having seen that report – decisions are imminent,’ Willis said, though she did not specify a time frame… The special grand jury, convened last year at Willis’ request to aid her investigation, was empowered to subpoena witness testimony and evidence but did not have the authority to issue indictments. Willis, an elected Democrat, will ultimately decide whether to pursue charges against Trump or anyone else. Criminal charges would make Trump the first former U.S. president to face prosecution and upend the 2024 presidential campaign, months after Trump announced his latest White House bid.” [Reuters, 1/24/23]
MSNBC: Fani Willis Hints At Potential Charges In Georgia Trump Probe. “[T]he DA’s reasoning for wanting to keep the grand jury report secret, at least for now, also suggests that she’s gearing up to bring criminal charges. That’s because Willis pressed Judge Robert McBurney to consider the rights of future defendants — that’s defendants, plural — who could be implicated by the report. So, it’s a little more than a hint that the DA’s imminent decision could include criminal charges against multiple people, though against whom wasn’t specified at Tuesday’s hearing. An odd dynamic at the hearing came in the form of the parties who squared off against each other to debate arcane points of Georgia law: Willis against media groups pressing to have the report released. Absent was any potential defendant, including Trump, whose lawyers issued a strange statement ahead of the hearing that assumed the special grand jury wouldn’t recommend charges against him.” [MSNBC, 1/24/23]
Forbes: Will Trump Be Indicted In Georgia? Fulton County DA Suggests ‘Multiple’ People Could ‘Imminently’ Face Charges In 2020 Election Probe. “The district attorney in Fulton County, Georgia, will soon determine whether to bring charges against former President Donald Trump or allies who backed his effort to overturn the 2020 election, she said Tuesday, asking a judge not to publicly release a report that would say whether or not there’s evidence of a crime—and suggesting multiple people could be indicted… The call and Trump’s other post-election efforts could violate a range of state election laws, a Brookings Institution analysis notes, including criminal solicitation to commit election fraud and election interference. The investigation has included interviews with 75 witnesses, the DA’s office said, including Raffensperger and leading Trump allies like former Chief of Staff Mark Meadows and Giuliani.” [Forbes, 1/24/23]
MSNBC: Which Prosecutor Could Be The First To Indict Trump In 2023? “Donald Trump is in for a rough year… Attorney General Merrick Garland appointed special counsel Jack Smith last year to oversee two separate investigations into the former president… Recall that the House Jan. 6 committee made several criminal referrals for Trump and others, including obstructing an official proceeding, conspiracy to defraud the United States, conspiring to make false statements and, of course, insurrection… Trump faces potential state charges for election interference as well. Recall his infamous Jan. 2, 2021, call with Georgia Secretary of State Brad Raffensperger in which Trump pressed the state official to find votes that didn’t exist… The Trump Organization was convicted last year of tax fraud and falsifying business records, and the Manhattan District Attorney’s Office has reportedly probed Trump himself, including for the Stormy Daniels hush payment to which former Trump confidant and lawyer Michael Cohen pleaded guilty to related federal charges in the Southern District of New York.” [MSNBC, 1/25/23]
CNN: ‘Decisions Are Imminent’ On Charges In Trump’s Effort To Overturn 2020 Election In Georgia, Fulton County Da Says. “‘Decisions are imminent,’ Willis told Judge Robert McBurney. ‘We want to make sure that everyone is treated fairly, and we think for future defendants to be treated fairly it’s not appropriate at this time to have this report released,’ she said. The special grand jury, barred from issuing indictments, penned the highly anticipated final report as a culmination of its seven months of work, which included interviewing witnesses from Georgia Secretary of State Brad Raffensperger to former Trump attorney Rudy Giuliani. Its final report is likely to include some summary of the panel’s investigative work, as well as any recommendations for indictments and the alleged conduct that led the panel to its conclusions.” [CNN, 1/24/23]
Georgia Recorder: Fulton DA Says ‘Decisions Are Imminent’ On Indictments In Trump 2020 Election Interference. “The special grand jury submitted a report this month after hearing from 75 witnesses dating back to last summer in the high-profile case that included testimony from reluctant witnesses like Trump’s ex-chief of staff Mark Meadows and Trump’s former personal attorney Rudy Giuliani. Willis’ investigation was boosted by the January 2021 public release of a recorded phone call in which Trump pressed Georgia Secretary of State Brad Raffensperger to ‘find’ enough ballots to overcome Biden’s victory. At Willis’ request, Fulton’s circuit court judges appointed the special grand jury that operates under some different rules than a regular grand jury. Special investigative grand juries can meet for as long as a year and recommend to the district attorney whether any crimes might have been committed based on the evidence. But unlike a regular grand jury, the special panels cannot render criminal indictments.” [Georgia Recorder, 1/24/23]
Axios: Atlanta District Attorney Pushes To Keep Trump Election Report Secret. “Driving the news: Fulton County District Attorney Fani Willis argued that for the time being the report should be kept secret to protect possible defendants’ right to ‘fair trial,’ noting that ‘decisions are imminent’ regarding possible indictments. […] Catch up quick: Willis called for an investigative grand jury to look into the matter last year. The ‘special purpose grand jury’ spent eight months hearing from 75 witnesses ranging from Sen. Lindsey Graham (R-S.C.) to Rudy Giuliani to Georgia Gov. Brian Kemp. […] What they’re saying: Speaking to reporters alongside Eisen, J. Tom Morgan, former DeKalb County, Ga. district attorney and law professor at Western Carolina University, said the release of the report could put Willis ‘in a quandary.’ ‘If the report says there have been certain crimes and certain persons should be prosecuted and she doesn’t prosecute them, it’s going to come back to hurt her — and vice versa,’ he said.” [Axios, 1/23/23]
