A grand jury being seated Tuesday in Atlanta will likely consider whether criminal charges are appropriate for former President Donald Trump or his Republican allies for their efforts to overturn his 2020 election loss in Georgia. Fulton County District Attorney Fani Willis has been investigating since shortly after Trump called Georgia Secretary of State Brad Raffensperger in early 2021 and suggested the state’s top elections official could help him “find 11,780 votes,” just enough needed to beat Democrat Joe Biden. The 2 1/2-year investigation expanded to include an examination of a slate of Republican fake electors, phone calls by Trump and others to Georgia officials in the weeks after the 2020 election and unfounded allegations of widespread election fraud made to state lawmakers. Willis, a Democrat, is expected to present her case before one of two new grand juries being seated Tuesday. She has previously suggested that any indictments would likely come in August. Here’s how that process would work: WAIT. WASN’T THERE ALREADY A GRAND JURY IN THIS CASE? Yes. About a year into her investigation, Willis took the unusual step of asking for a special grand jury. She said at the time that she needed the panel’s subpoena power to compel testimony from witnesses who otherwise might not be willing to talk to her team. That special grand jury was seated in May 2022 and was released in January after completing its work. It was essentially an investigative tool and didn’t have the power to indict. Instead, it issued subpoenas and considered testimony from about 75 witnesses, as well as other evidence, before drafting a final report with recommendations for Willis. While part of that report was made public in February, the judge overseeing the special grand jury said any recommendations on specific charges for specific people would remain secret for the time being. The panel’s foreperson said in media interviews later that month that they recommended indicting numerous people, but she declined to name names. Willis isn’t bound by the special grand jury’s recommendations. WHO MIGHT WILLIS BE EYEING FOR POSSIBLE CHARGES? Willis sent letters last summer warning certain people — including the state’s fake electors and former New York mayor and Trump lawyer Rudy Giuliani — that they could face charges in the case. Some of the fake electors have since reached immunity deals with Willis’ team. While she hasn’t said one way or the other whether she would seek charges against Trump, Willis has repeatedly said no one is above the law. Willis is a fan of Georgia’s Racketeer Influenced and Corrupt Organizations Act, and there have been hints she’ll use it in this case. The RICO Act allows prosecutors to bring charges against multiple people that they believe committed separate crimes while working toward a common goal. HOW COMMON ARE REGULAR GRAND JURIES? Very. There are generally two grand juries seated in Fulton County in each two-month term of court. They usually meet every week — one on Mondays and Tuesdays and the other on Thursdays and Fridays. Their work takes place behind closed doors, not open to the public or to news media. Grand jurors must be U.S. citizens who are at least 18 years old and must live in the county where they serve. Each grand jury is made up of 16 […]
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