In Atlanta, the special grand jury that probed attempts by Donald Trump and associates to challenge Georgia’s 2020 election results has recommended indictments against twice as many individuals as the 19 ultimately prosecuted by the legal authorities. Notably, South Carolina Senator Lindsey Graham is among those who were not indicted.
Atlanta grand jury:
The released report from the grand jurors, which became available on Friday, revealed their recommendation of racketeering charges against 39 individuals, including figures like Graham, former U.S. Senators Kelly Loeffler and David Perdue of Georgia, and former Trump national security adviser Michael Flynn. The proposed charges against others encompassed offenses such as false statements and writings, influencing witnesses, and criminal solicitation related to election fraud.
At the special grand jury’s request, this report offers insights into one of the most extensive investigations involving Donald Trump, who concurrently faces two federal indictments and unrelated state charges in New York City. While critics have raised concerns about Fulton County District Attorney Fani Willis launching an excessively broad and unwieldy investigation, the report indicates that she exercised her discretion to streamline the case.(USnewsSphere)
Various factors may explain why Willis opted not to pursue charges against all those recommended. These factors could include immunity agreements with some individuals, federal legal protections for others, or insufficient evidence to establish charges beyond a reasonable doubt.
Anthony Michael Kreis, a law professor at Georgia State University closely monitoring the case, speculated that Fulton County District Attorney Fani Willis considered the special grand jury’s voting patterns when deciding whom to pursue legally.
Kreis explained, “If you have a jury and a group of individuals who have meticulously reviewed evidence for eight months and there’s still a split decision, like a 50-50 divide or a two-thirds divide… it’s unlikely that you’d pursue prosecution, as the probability of conviction seems low.”
Out of the 19 individuals ultimately indicted, only one was not among the special grand jury’s recommended charges. That exception was Michael Roman, a former White House aide responsible for Trump’s Election Day operations, who was involved in attempts to promote fictitious electors following the 2020 election.
The special grand jury accused Senator Lindsey Graham and others of violating Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) law, typically associated with organized crime, alleging their efforts to overturn Georgia’s 2020 election, which was won by Democrat Joe Biden. Graham, who chaired the Senate Judiciary Committee at the time, contacted Georgia Secretary of State Brad Raffensperger shortly after the November election, asking about the authority to reject certain absentee ballots.
Former U.S. Senators David Perdue and Kelly Loeffler, who were forced into a January 2021 runoff election after failing to secure enough votes in the November 2020 general election, raised questions about the election’s validity in the weeks following Trump’s loss.
In mid-December 2020, Michael Flynn, former Trump national security adviser, suggested on a right-wing cable news channel that Trump could deploy military resources to influence swing states and “rerun an election.” Flynn also visited conservative lawyer Lin Wood’s South Carolina home in November 2020, where discussions reportedly took place regarding potential efforts to influence election results in Georgia and elsewhere. The special grand jury also recommended charges against Lin Wood.
Trump, the leading contender for the 2024 Republican presidential nomination, criticized the report on his Truth Social platform, claiming, “They wanted to indict anyone who was breathing at the time.”
Senator Graham, denying wrongdoing, asserted, “It should never be a crime for a federal elected official, particularly the chairman of the Senate Judiciary Committee, who has a role in certifying a presidential election, to question and ensure the election’s integrity.”
Kelly Loeffler, who has remained active in politics through her support for the Republican-aligned group Greater Georgia, defended herself by stating she was advocating for people who felt disenfranchised in the 2020 election. She expressed, “Trying to incarcerate your party’s primary political opponent before 2024 is election interference. Speaking out to protect election integrity is not.”
Flynn’s attorney, Jesse Binnall, shared on social media, “General Michael Flynn will persist in his fight for the truth, America First principles, and Donald Trump’s return to the White House in 2024.”
Lin Wood, who testified before the special grand jury, expressed his frustration, saying, “It seems unjust to me that I am smeared as someone recommended for indictment when those with the authority to examine the evidence and issue indictments chose not to do so.”[CNN.com]
Representatives for David Perdue did not provide an immediate response to requests for comment.
Emily Kohrs, the special grand jury foreperson, shared her experience in an interview with The Associated Press in February, followed by interviews with other news outlets. She acknowledged the gravity of their responsibility but also mentioned moments of levity, including light-hearted exchanges with Senator Lindsey Graham. Kohrs noted that the grand jury recommended charges against multiple individuals, and there would be few surprises in their report.
While Kohrs’ media appearances were criticized by Trump’s lawyers at the time and raised concerns among some Trump critics about potential impacts on the investigation, the judge overseeing the special grand jury clarified that grand jurors are free to discuss everything except their deliberations.
The panel heard testimony from approximately 75 witnesses before compiling a report in December that contained recommendations for District Attorney Fani Willis regarding charges. She was not bound by their recommendations and ultimately decided to present the case to a regular grand jury for indictments.
Releasing the identities of individuals recommended for indictment departs from standard grand jury protocol, which typically protects the anonymity of subjects under investigation but not charged to prevent unwarranted harm to potentially innocent individuals.(USnewsSphere)
Special grand juries in Georgia are relatively rare and primarily serve as investigative tools. They have the authority to subpoena witnesses and evidence but lack the power to issue indictments. Instead, they can provide a report with non-binding recommendations.
