• Home
  • Blog
  • News

Decision Looms: Special Grand Jury to Decide Fate of Report on Trump’s Election Interference in Georgia

On Tuesday morning, a hearing will be held at the Fulton County courthouse to decide whether to release a report compiled by a special grand jury investigating former President Donald Trump's attempts to overturn the results of the 2020 election in Georgia.[0] The grand jury's findings are expected to recommend criminal charges against some of the figures involved in Trump’s efforts.[1]

Trump's attorneys issued a statement Monday saying they would not be involved in the hearing and “have never been part of this process.”[2] The statement also said Trump was never asked by the grand jury or the Fulton County District Attorney's Office to come in voluntarily.[3]

The hearing will be presided over by Judge McBurney, who has invited argument from the district attorney’s office, media, and any individuals who may be named in the report.[4] The grand jury's report is currently sealed.[4]

The special grand jury was empaneled at the request of Fulton County District Attorney Fani Willis, who launched the investigation into Trump’s interference in the state’s general election two years ago.[1] The investigation includes a phone call from Senator Lindsey Graham to Georgia Secretary of State Brad Raffensperger, false claims of election fraud by Trump associates, threats and harassment against Georgia election workers, and alleged efforts by unauthorized individuals to breach election data from voting machines in Coffee County.

Now, the grand jury and the presiding judge will decide whether to release to the public the final report and findings of the grand jury.[5] If the report is released, District Attorney Fani Willis will then have to decide whether to go to a regular grand jury to pursue indictments.[0] Although she is not obligated to adhere to precisely what the special grand jury has recommended, the likelihood is that their work will eventually be revealed to the public, and she may be criticized if she deviates too much from the jury's ideas.[6]

0. “Trump faces judge's ruling in ‘find enough votes' Georgia election interference probe” New York Daily News, 24 Jan. 2023, https://www.nydailynews.com/news/politics/us-elections-government/ny-trump-faces-judge-ruling-georgia-election-interference-20230124-2pt45swybvagnmgvcrmxk3lkgq-story.html

1. “Key Georgia special grand jury hearing will discuss Trump probe. What’s at stake?” The Independent, 23 Jan. 2023, https://www.independent.co.uk/news/world/americas/us-politics/donald-trump-georgia-grand-jury-hearing-b2267569.html

2. “Judge may make grand jury report public in Trump Georgia case” NPR, 24 Jan. 2023, https://www.npr.org/2023/01/24/1150826094/georgia-grand-jury-report-trump-2020-election-interference

3. “Trump news – live: Trump in mob boss photo scandal as judge weighs whether to release grand jury report” Yahoo News, 24 Jan. 2023, https://news.yahoo.com/trump-news-live-trump-mob-085604633.html

4. “On Georgia State Law's Presentments and the Special Purpose Grand Jury” Lawfare, 23 Jan. 2023, https://www.lawfareblog.com/georgia-state-laws-presentments-and-special-purpose-grand-jury

5. “Could Trump be charged for racketeering? A Georgia prosecutor thinks so” The Guardian US, 24 Jan. 2023, https://www.theguardian.com/us-news/2023/jan/24/donald-trump-georgia-racketeering-rico-law-fani-willis

6. “Georgia judge hears arguments on releasing grand jury report on Trump and the 2020 election aftermath” CNN, 24 Jan. 2023, https://www.cnn.com/2023/01/24/politics/fulton-county-trump-grand-jury-hearing/index.html