Backgrounder: Fulton County Special Grand Jury Investigation Into 2020 Presidential Interference
In January 2022, superior court judges in Fulton County, Georgia approved the request from Fulton County District Attorney Fani Willis to seat a special grand jury (“SGJ”) to aid in her investigation into interference in Georgia’s 2020 presidential election contest.
Key Takeaways
- In January 2022, Fulton County, Georgia District Attorney Fani Willis was granted authorization to convene a special grand jury to investigate election interference in Georgia’s 2020 presidential election contest.
- After the special grand jury members were empaneled in May 2022, they began hearing testimony from a wide array of witnesses (staff, advisors, and attorneys for former President Trump, Georgia statewide officers and their staff, Georgia legislators, federal legislators, local election workers, members of the press, and a documentary filmmaker).
- The special grand jury concluded its work in early 2023 and was dissolved. On February 13, 2023, Judge Robert McBurney, citing due process and other considerations, ruled that portions of the special grand jury report will remain private while others will be released in the near future. On February 16, 2023, sections of the report were released and the full report was released on September 8. DA Willis is still considering whether to pursue indictments.
- In August 2023, DA Willis presented her case to a grand jury, which indicted Trump and 18 other defendants on election interference charges. The 98-page indictment alleges violations of 16 Georgia statutes.
Last update: 9.29.2023
- On January 2, 2021, then-President Donald Trump called Georgia Secretary of State Brad Raffensperger. During their 67-minute phone call, Trump made a variety of false claims alleging that ballots for then-candidate Joe Biden had been transported in suitcases to the Atlanta counting facility, that roughly 5,000 dead people voted in Georgia, and that Raffensperger could be subject to criminal liability for his role in administering Georgia’s elections. Most notably, Trump asked Raffensperger to “find 11,780” votes in his favor, one vote more than the number Biden received. This phone call and Trump’s other activities to undermine the 2020 Georgia election results have been subject to scrutiny at the state and national level.
- Trump’s allies concocted a proposal to produce slates of false electors in seven different states that were critical to the outcome of the 2020 presidential contest. As detailed further below, in Georgia, 16 individuals signed a false electors slate in an attempt to overturn the state’s 2020 election results that was certified for Biden.
- In at least seven instances across four states (including in Coffee County Georgia), local officials are alleged to have given Trump supporters access to voting machines and/or their data. In January 2021, individuals copied Coffee County’s voting machine data, including the sensitive election software used throughout the state.
In January 2022, superior court judges in Fulton County, Georgia approved the request from Fulton County District Attorney Fani Willis to seat a special grand jury (“SGJ”) to aid in her investigation into interference in Georgia’s 2020 presidential election contest. This investigation began in 2021. The court authorized DA Willis to impanel the SGJ on May 2, 2022, for a period up to one year. In January 2023, the court announced that the SGJ had completed its work and was being dissolved and a hearing was held on whether to publicly release the report.
- The order authorized the SGJ to “investigate any and all facts and circumstances relating directly or indirectly to alleged violations of the laws of the State of Georgia …[and] make recommendations concerning criminal prosecution as it shall see fit.”
- On May 2, 2022, 23 Georgians were selected to serve on the SGJ.
- The SGJ can subpoena witnesses to testify, consult with experts, as well as compel the production of documents, emails, and other relevant records.
- While the SGJ is similar to regular grand juries in several ways, it cannot issue an indictment. The SGJ can issue a report with recommendations for action, including possible criminal charges. DA Willis then has discretion regarding further action on those recommendations, and would need to present the case to a regular grand jury with the power to issue indictments if she wanted to pursue criminal charges.
- In July 2022, Judge Robert McBurney said that he would ensure the final recommendations of the SGJ would not be released too close to Georgia’s 2022 November general election.
- In November 2022, it was reported that DA Willis may be exploring immunity agreements with some of the false electors.
- In early January 2023, Judge McBurney issued an order detailing that the SGJ had fulfilled its duties and submitted its final report to the judicial bench for review.
- On January 24, 2023, Judge McBurney held a hearing for stakeholders to present arguments as to whether the SGJ report should be publicly disclosed. DA Willis advocated for the report to be kept private for the time being and revealed at the hearing that her decision on whether to seek indictments was “imminent.”
- On February 13, 2023, Judge McBurney, citing due process and other considerations, ruled that portions of the special grand jury report will remain private. In that ruling, he also announced that three sections of the report will be released in the near future: the introduction, the conclusion, and a section regarding concerns that “some witnesses may have lied under oath during their testimony to the grand jury.”
- On February 16, 2023, these sections of the report were released. The excerpts revealed:
- the SGJ “received evidence from or involving 75 witnesses[;]”
- the SGJ members voted unanimously that “no widespread fraud took place in the Georgia 2020 presidential election that could result in overturning that election[;]”
- and that a majority of the SGJ members believe “perjury may have been committed by one or more witnesses testifying before it” and recommend that DA Willis seek indictments where appropriate.
- In February and March of 2023, several members of the SGJ gave interviews to the press regarding their service on the SGJ. The Atlanta Journal-Constitution interviewed some of these members, who spoke on the condition that their identity be kept private and that they would not reveal “internal deliberations or share their indictment recommendations.
- In April 2023, DA Willis said she would announce possible criminal indictments in her investigation into interference in the 2020 Georgia election this summer (between July 11 and September 1). She provided this advance notice to law enforcement agencies so that they have sufficient time to prepare to protect the public when her announcement is made.
- As of May 2023, at least eight of the false Georgia electors for Trump have accepted immunity deals from DA Willis.
- On September 8, 2023, Judge McBurney ordered the public release of the full version of the SGJ’s final report. The SGJ’s report recommended that Trump and more than three dozen of his allies be charged. Some individuals that the SGJ recommended for indictment, that have not been charged by DA Willis, include: United States Senator Lindsey Graham from South Carolina, ex-Trump National Security Advisor Michael Flynn, former United States Senators David Perdue and Kelly Loeffler (who were then the sitting senators from Georgia at that time), attorneys Cleta Mitchell and Lin Wood, and former Georgia State Senators William Ligon and Burt Jones (who is now the state’s Lieutenant Governor).
The SGJ issued subpoenas to a variety of individuals (staff, advisors, and attorneys for former President Trump, Georgia statewide officers and their staff, Georgia legislators, federal legislators, local election workers, members of the press, and a documentary filmmaker) and heard testimony from numerous individuals.1Since SGJ proceedings are kept secret, the nature and date of the individual’s testimony is limited to public reporting on the progress of the SGJ. Individuals in this section are listed in alphabetical order by last name. Testimony before the House Select Committee investigating the January 6 attack on the U.S. Capitol also shed light on election interference events in Georgia that are of interest to DA Willis and the SGJ.
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Mark Amick (false elector for Trump)
Testimony date unknown; unsuccessfully fought the SGJ subpoena.
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Joseph Brannan (treasurer of Georgia Republican Party and false elector for Trump)
Testimony date unknown; unsuccessfully fought the SGJ subpoena.
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Chris Carr (Georgia Attorney General)
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Ken Carroll (Georgia Republican Party and false elector for Trump)
Is reported to have testified before the SGJ on an unknown date.
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Brad Carver (false elector for Trump)
Testimony date unknown; unsuccessfully fought the SGJ subpoena.
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Kenneth Chesebro (Trump attorney)
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Bobby Christine (former U.S. Attorney for the Southern District of Georgia and former acting U.S. Attorney for the Northern District of Georgia)
Testified before the SGJ. The SGJ had subpoenaed the Atlanta Journal-Constitution for an audio recording of discussions amongst federal prosecutors in Georgia that included Christine. Christine assumed the acting U.S. Attorney role in the Northern District following the quick departure of BJay Pak. On this call, Christine informed prosecutors that he had dismissed two election fraud cases from Trump supporters because of their lack of evidence.
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Pat Cippollone (White House Counsel to Trump)
Testified before the SGJ (date unknown). Cippollone attended meetings with Trump and his allies regarding the 2020 presidential election results, including the results in Georgia.
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Vikki Consiglio (assistant treasurer of Georgia Republican Party and false elector for Trump)
Testimony date unknown; unsuccessfully fought the SGJ subpoena.
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Eric Coomer (former executive for Dominion Voting Systems)
Testified before the SGJ. Georgia used Dominion Voting System machines in the 2020 election. These machines were later subjected to targeted data breaches, including in Coffee County, Georgia by allies of Trump.
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Jacki Pick Deason (Trump attorney)
Testimony date unknown. Deason litigated her subpoena. Deason participated in the post-election Georgia state senate subcommittee briefing hosted by Trump allies who made allegations of voter fraud in the state’s election.
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John Downey (false elector for Trump)
Testimony date unknown; unsuccessfully fought the SGJ subpoena.
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Geoff Duncan (Lieutenant Governor)
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John Eastman (Trump attorney)
Testified on August 31, 2022. Eastman was unsuccessful in his motion to quash his SGJ subpoena. Eastman appeared remotely at the post-election Georgia state senate subcommittee briefing hosted by Trump allies who made allegations of voter fraud in the state’s election.
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Jenna Ellis (Trump attorney)
Testimony date unknown. Ellis was unsuccessful in her motion to quash her subpoena. Ellis participated in the post-election Georgia state senate subcommittee briefing hosted by Trump allies who made allegations of voter fraud in the state’s election and Ellis drafted memorandum on the proposal to submit a false slate of electors for Trump.
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Boris Epshteyn (in-house attorney for Trump and campaign adviser)
Epshteyn testified before the SGJ on September 29, 2022. Epshteyn attended post-election Georgia state senate subcommittee briefing hosted by Trump allies who made allegations of voter fraud in the state’s election. He is believed to be knowledgeable about the planning and execution to submit false electors for Trump.
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Randy Evans (Atlanta attorney and Trump’s Ambassador to Luxembourg)
Has stated he will testify before the SGJ. He is a confidante of Newt Gingrich and was named in one of the Gingrich emails released by the Jan. 6 committee.
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Erica Hamilton (Cobb County elections director)
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Carolyn Fisher (false elector for Trump)
Testimony date unknown; unsuccessfully fought the SGJ subpoena.
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Harrison Floyd (Black Voices for Trump)
Testimony date unknown. Floyd is alleged to have arranged the meeting between Fulton County election worker Ruby Freeman and Trevian Kutti, a former publicist to R. Kelly and Kanye West. Floyd spoke with Stephen Lee (police chaplain) and Trevian Kutti (publicist) multiple times via telephone on the days leading up to the January 6 joint session of Congress.
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Michael Flynn (Trump's former National Security Advisor)
After extensive litigation, Flynn testified before the SGJ on December 8, 2022. Flynn’s subpoena notes his cable news interviews where he described Trump’s military capabilities and the ability to use the military to re-run elections. Flynn also met with Trump, Sidney Powell, and others on December 18, 2020, where they reportedly discussed seizing voting machines, invoking martial law, and appointing Powell as special counsel.
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Ruby Freeman (former Fulton County election worker)
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Ryan Germany (General Counsel for Georgia Secretary of State)
Testimony date unknown. Germany was on the line for Trump’s call to Raffensperger.
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Newt Gingrich (former U.S. House Speaker)
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Rudy Giuliani (Trump attorney)
Testified on August 17, 2022. Giuliani presented at the post-election Georgia state senate subcommittee briefing hosted by Trump allies where he made baseless election fraud allegations and Giuliani also called the late Georgia House Speaker David Ralston. Giuliani and his lawyers have been informed that he is a target of the SGJ.
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Kay Godwin (false elector for Trump)
Testimony date unknown; unsuccessfully fought the SGJ subpoena.
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Lindsey Graham (U.S. Senator)
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Scott Hall (Georgia bail bondsman and Fulton County Republican poll watcher)
Testified during the week of October 10. Hall is one of the individuals videotaped accessing Coffee County’s voting systems alongside Cathy Latham, a former GOP chairwoman of Coffee County.
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Chris Harvey (former Elections Director for Georgia Secretary of State)
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Eric Herschmann (former Senior Advisor to Trump and White House lawyer)
Testimony date unknown. Herschmann was privy to multiple meetings between Trump and others related to the 2020 election and had multiple conversations with Eastman, Giuliani, and Powell regarding the election.
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Jody Hice (U.S. House of Representatives)
Testimony date unknown. Hice unsuccessfully sought to quash his SGJ subpoena. Hice attended a December 2020 strategy meeting at the White House with White House Chief of Staff Meadows, Giuliani, and other lawmakers where they are reported to have discussed submitting a false slate of electors for Trump.
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Alex Holder (documentary filmmaker)
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Cassidy Hutchinson (aide to White House Chief of Staff Mark Meadows)
Is cooperating with the SGJ investigation and testified on November 16, 2022.
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Burt Jones (then Georgia state legislator; now Georgia's Lieutenant Governor)
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Jen Jordan (Georgia state legislator)
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Brian Kemp (Georgia Governor)
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Trevian Kutti (former publicist to R. Kelly and Kanye West)
Summoned by the SGJ on June 14, 2022. Kutti visited Fulton County election Ruby Freeman at her Georgia home and applied pressure to Freeman during their conversation at a local police precinct. Freeman was subject to baseless allegations from Trump and his allies regarding her conduct on election night. Kutti spoke with Stephen Lee (police chaplain) and Floyd multiple times via telephone on the days leading up to the January 6 joint session of Congress.
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Cathy Latham (false elector for Trump)
Testimony date unknown; unsuccessfully fought the SGJ subpoena.
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Stephen Lee (police chaplain)
A court ruled for Lee in his challenge to his subpoena. Lee is alleged to have played a role in the pressure campaign on Fulton County election worker Ruby Freeman. Lee showed up uninvited to her home in December 2020 and she refused to meet with him. Lee then contacted Floyd, who arranged a visit from Kutti. Kutti is alleged to have offered Freeman immunity and threatened her with jail time if she did not substantiate election fraud. Lee spoke with Kutti and Floyd multiple times via telephone on the days leading up to the January 6 joint session of Congress.
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Kelly Loeffler (former U.S. Senator for Georgia)
Testified before the SGJ (date unknown). Release of Loeffler’s text messages reveal she had correspondence about challenging Georgia’s election results in the days leading up to the January 6 joint session of Congress, including exchanges with false electors and then-Congressmember-elect Marjorie Taylor Greene, Congressmembers Jody Hice and Rick Allen, and U.S. Senator Ted Cruz.
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Mark Meadows (Trump’s White House Chief of Staff)
The South Carolina Supreme Court rejected Meadows’ legal claims that he should not have to testify before the SGJ, noting his arguments were “manifestly without merit.” Meadows was a participant in Trump’s call to Georgia Secretary of State Brad Raffensperger about the outcome of Georgia’s election results; he attended strategy meetings with federal lawmakers about submitting a false slate of electors for Trump; after Election Day he visited a signature-auditing site in Georgia to meet Frances Watson, the chief investigator supervising the process. Trump called Watson the next day to discuss Georgia’s election results.
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Cleta Mitchell (Trump attorney)
Testimony date unknown. Mitchell participated in Trump’s call to Raffensperger about Georgia’s election results.
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Shaye Moss (former Fulton County election worker)
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Bee Nguyen (Georgia state legislator)
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Elena Parent (Georgia state legislator)
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Jim Penrose (cyber and forensic consultant)
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David Perdue(former U.S. Senator from Georgia)
Testified before the SGJ. He was asked about a meeting where Perdue told Governor Kemp that he wanted the legislature to convene a special session, paralleling the same ask by Trump in his effort to challenge his election loss.
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Sidney Powell (Trump attorney)
Powell reportedly failed to appear for her scheduled testimony before the SGJ. Powell spoke at the post-election Georgia state senate subcommittee briefing hosted by Trump allies who made allegations of voter fraud in the state’s election. Powell filed litigation challenging Georgia’s 2020 presidential election results. Powell has also been linked to efforts to copy sensitive election files in Georgia. DA Willis has also subpoenaed documents from the Atlanta-based firm SullivanStrickler, the firm Powell hired to copy Coffee County’s election data.
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Brad Raffensperger (Georgia Secretary of State)
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Tricia Raffensperger (wife of Georgia Secretary of State Raffensperger)
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David Ralston (former Georgia House Speaker)
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Bo Rutledge (Dean of University of Georgia School of Law)
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David Shafer (Georgia Republican Party Chairman)
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Marc Short (former Chief of Staff to Vice President Pence)
Testified before the SGJ.
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Gabriel Sterling (Deputy Secretary of State)
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Shawn Still (false elector for Trump)
Testimony date unknown; unsuccessfully fought the SGJ subpoena.
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Victoria Thompson (Executive Assistant and Scheduler for Georgia Secretary of State)
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James Waldron (retired Army Colonel)
Waldron reportedly failed to appear for his schedule SGJ appearance. Waldron spoke at the post-election Georgia state senate subcommittee briefing hosted by Trump allies who made allegations of voter fraud in the state’s election.
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Frances Watson (former chief investigator for Georgia Secretary of State)
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L. Lin Wood (attorney)
Testimony date unknown. Wood has stated DA Willis is preparing to serve him with a SGJ subpoena and that he intends to comply. After the 2020 election, Wood met with Powell, Trump’s former National Security Advisor Michael Flynn, and other Trump supporters to discuss how to influence the election results in Georgia and other states. He also appeared with Powell at a rally in Georgia where he baselessly claimed that Kemp and Raffensperger accepted bribes. DA Willis has also subpoenaed documents from the Atlanta-based firm SullivanStrickler, the firm Powell hired to copy Coffee County’s election data. The subpoena requests all documents between the firm and Powell and/or Wood.
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CB Yadav (false elector for Trump)
Testimony date unknown; unsuccessfully fought the SGJ subpoena.
- A number of witnesses litigated their subpoenas in attempts to avoid testimony or limit their testimony: Chesebro; Deason; Eastman; Ellis; false electors; Graham; Hice; Kemp; and Meadows. The majority of individuals were unsuccessful in challenging their subpoenas, with limited exceptions (Deason and Jones).
- In February 2023, a group of news organizations filed suit asking for full access to the SGJ report.
- In March 2023, Trump filed a motion to quash the final report of the SGJ. Cathy Latham, a false elector for Trump, later filed a motion to join Trump’s and the judge extended the deadline for DA Willis’ office to respond to both motions.
- In March 2023, counsel for David Shafer (chair of the GOP Republican Party) sent a letter to DA Willis arguing that Shafer was following legal advice and broke no laws when participating as a false elector for Trump in the 2020 election.
- In April 2023, DA Willis’ office filed a motion to disqualify an attorney, Kimberly Bourroughs Debrow, who is representing ten of the false electors. The motion alleges Debrow failed to inform her clients about the potential immunity deals offered by the DA’s office last summer.
- In May 2023, DA Willis filed a motion asking the court to deem her request to remove Debrow moot now that eight of her false elector clients have accepted immunity deals and her other false elector clients have hired new counsel.
- In July 2023, the Georgia Supreme Court unanimously rejected Trump’s direct petition to that court asking for DA Willis to be disqualified from the 2020 presidential election probe and for the SGJ’s final report to be quashed.
- In July 2023, Trump filed a motion alleging that DA Willis has a conflict of interest and should be removed from 2020 election interference case because she has used this probe to solicit campaign donations.
- In July 2023, Fulton County Superior Court Chief Judge Ural Glanville ruled that all active county superior court judges should be recused from the civil case Trump filed against DA Willis and Judge McBurney and assigned the case to the Seventh Judicial Administrative District. The Seventh District covers 14 counties in the northwestern portion of the state. Senior Superior Court Judge Stephen Schuster, a former Cobb County judge, has been assigned to this case and has scheduled a hearing for August 10.
- In July 2023, Judge McBurney rejected Trump’s and Latham’s, one of the false electors, motion to quash DA Willis’ investigation, finding that they did not have standing to make this challenge before indictments are announced.
A bipartisan team of former prosecutors and ethics experts authored two reports for The Brookings Institution that outlined the possible charges that Trump and his allies could face as a result of the SGJ’s investigation:
- Trump could be indicted for election crimes under Georgia law:
- Solicitation to commit election fraud (Ga. Code Ann. 21-2-604(a))
- Intentional interference with performance of election duties (Ga. Code Ann. 21-2-597)
- Conspiracy to commit election fraud (Ga. Code. Ann. 21-2-603)
- Interference with primaries and elections (Ga. Code Ann. § 21-2-566)
- Trump could be indicted for other crimes under Georgia law:
- Making false statements (Ga. Code Ann. 16-10-20)
- Improperly influencing government officials (Ga. Code Ann. 16-10-93)
- Forgery in the first degree (Ga. Code. Ann. § 16-9-1)
- Criminal solicitation (Ga. Code Ann. 16-4-7) (requires one or more additional crimes to be solicited)
- Georgia Racketeer Influenced and Corrupt Organizations Act violations (Ga. Code Ann. § 16-14-1 et. seq.)
- The Jolt: DA Fani Willis on Trump grand jury probe: ‘This is not a game at all.’
- Opinion | The Jan 6. Hearings have turbocharged the Georgia investigation of Trump
- Opinion | The Georgia investigation remains Trump’s biggest problem yet
- Accountability for the ringleaders of Jan. 6. must come from the states
- By Train, Bus or Uber, Giuliani Is Told to Come to Georgia
- Lindsey Graham hires former Trump White House counsel Don McGahn in Georgia election investigation
- AJC poll: Most Georgia voters say Trump at least partly to blame for Jan. 6
- On the docket: Atlanta v. Trumpworld
- Fulton judge ‘Alternate’ GOP electors must honor subpoenas to testify
- Fulton County DA sends ‘target’ letters to Trump allies in Georgia investigation
- Fulton grand jury subpoenas Giuliani, Graham, Trump campaign lawyers
- Trump was told overturning Georgia election was illegal; he tried anyway
Sources
Since SGJ proceedings are kept secret, the nature and date of the individual’s testimony is limited to public reporting on the progress of the SGJ. Individuals in this section are listed in alphabetical order by last name.