Trump’s Fate Over Georgia’s 2020 Election Could Be Decided by Tuesday’s Grand Jury

A grand jury set to convene in Atlanta on Tuesday may determine whether former President Donald Trump and his Republican allies will face criminal charges in connection with their attempts to reverse the outcome of Georgia’s 2020 presidential election.

Fulton County District Attorney Fani Willis, a Democrat, has been scrutinizing the circumstances surrounding a call Trump made to Georgia’s Secretary of State, Brad Raffensperger, in early 2021. During the call, Trump implied that Raffensperger could help him “find 11,780 votes,” the number he needed to surpass Democrat Joe Biden.

This extensive investigation, spanning over two and a half years, includes a review of a host of Republican false electors, communication between Trump and other Georgia officials post-2020 election, and baseless claims of widespread election fraud made to state lawmakers.

Willis is expected to present her case to one of the two new grand juries forming on Tuesday. She has hinted at possible indictments, likely to be issued in August.

Understanding the Grand Jury Process:

Previously, there was a grand jury for this case. A year into her probe, Willis requested a special grand jury, a somewhat unusual move, as she required the panel’s subpoena power to gather testimonies from uncooperative witnesses. This special grand jury, seated in May 2022, worked until January, primarily serving as an investigative tool without the authority to indict.

This jury issued subpoenas and listened to about 75 witnesses before drafting a final report with suggestions for Willis. Although part of the report was publicly disclosed in February, the judge in charge ruled that any specific charge recommendations for individuals would remain confidential. Despite recommendations for multiple indictments, the foreperson of the panel declined to provide names. Willis is not obliged to follow the recommendations of the special grand jury.

Regarding potential targets of charges, Willis sent warning letters to certain individuals last summer, including false electors and Rudy Giuliani, Trump’s former lawyer and ex-New York mayor. Some of the false electors have secured immunity deals with Willis. Though she has not explicitly stated if she will seek charges against Trump, Willis has consistently emphasized that no one is exempt from the law.

In Fulton County, grand juries are common, with two typically seated every two-month term of court. Each grand jury comprises 16 to 23 members, with up to three alternates, and operates privately.

Georgia law mandates a grand jury indictment for most felony cases. When a case is presented, the prosecution must persuade the jurors that there is probable cause that a crime or crimes were committed by one or more individuals. The jury then decides whether to return a “true bill” or a “no bill,” with a “true bill” signifying an agreement to indict and a “no bill” indicating a lack of evidence or belief in the accused’s guilt.

Should a grand jury vote to indict, the indictment must be presented in court before being filed publicly in the clerk’s office. If a grand jury decides against indictment, the case can be presented to a different grand jury. If two grand juries vote against indicting on the same charges, prosecutors typically cannot seek an indictment on those charges again.

Regardless of an indictment or conviction, Trump would still be eligible to run for president in 2024. Already this year, he has been indicted twice on different charges. He is facing 34 felony charges in a New York state court, 37 felony charges in a Florida federal court, and a Justice Department special counsel is investigating his attempts to overturn the 2020 presidential election results and events leading up to the U.S. Capitol insurrection on Jan. 6, 2021.

Frequently Asked Questions (FAQs) about Trump Georgia 2020 election investigation

More about Trump Georgia 2020 election investigation

• Trump’s call to Georgia election officials
• Fulton County District Attorney Fani Willis
• Georgia’s Grand Jury process
• Donald Trump’s Indictments in New York and Florida
• Details about Presidential Eligibility