In Atlanta, a grand jury is set to convene on Tuesday to determine whether criminal charges should be brought against former President Donald Trump and his Republican allies for their attempts to overturn the 2020 election results in Georgia. Fulton County District Attorney Fani Willis has been conducting an investigation into these efforts since early 2021, when Trump contacted Georgia Secretary of State Brad Raffensperger and asked him to “find 11,780 votes.” The investigation has expanded to include a look into Republican fake electors, phone calls made by Trump and others to Georgia officials after the election, and baseless allegations of widespread election fraud. Willis, a Democrat, is expected to present her case before one of the newly seated grand juries and potential indictments could come as early as August.
To understand the process, let’s first address the previous special grand jury that was convened during the investigation. About a year into her inquiry, Willis requested a special grand jury, citing the need for its subpoena power to compel witnesses to testify. This special grand jury, seated in May 2022, concluded its work in January of this year. However, it did not possess the authority to issue indictments, as its purpose was primarily investigative. The panel heard testimony from approximately 75 witnesses and examined evidence to produce a final report with recommendations for Willis. While a portion of the report was made public in February, specific recommendations for charges remain confidential for now. It should be noted that Willis is not bound by the special grand jury’s recommendations.
As for potential charges, Willis sent warning letters last summer to individuals involved in the case, including the state’s fake electors and former New York mayor and Trump lawyer Rudy Giuliani. Some of the fake electors have reached immunity agreements with Willis. While Willis has not definitively stated whether Trump will be charged, she has consistently emphasized that nobody is exempt from the law. It is worth mentioning that Willis has shown an inclination towards utilizing Georgia’s Racketeer Influenced and Corrupt Organizations Act (RICO Act) in this case. This act enables prosecutors to bring charges against multiple individuals who have committed separate crimes while pursuing a common objective.
Regular grand juries are a common occurrence in Fulton County. Typically, two grand juries are seated during each two-month term of court. These panels convene weekly, with one meeting on Mondays and Tuesdays, and the other on Thursdays and Fridays. Their proceedings are conducted behind closed doors, not open to the public or the media. Grand jurors must be at least 18 years old, U.S. citizens, and residents of the county they serve. Each grand jury consists of 16 to 23 members, with up to three alternates. At least 16 members must be present for the grand jury to hear evidence or take official action in any given case.
During the grand jury selection process, a total of 96 potential grand jurors reported to the Fulton County courthouse on Tuesday. Fulton County Superior Court Judge Robert McBurney provided an explanation of the grand jury’s role and assessed the eligibility of the individuals present. McBurney then proceeded to call on members of the group one by one, asking if they were ready to serve or if they had any significant impediments. Afterward, McBurney, Willis, and her team met privately with those indicating hardships to determine whether they should be excused. McBurney subsequently read out the names of 26 grand jurors and three alternates for each of the two grand juries, A and B. The grand jury responsible for Willis’ election case remains unclear.
Once the case is presented to the grand jury, Georgia law mandates that a grand jury indictment be obtained for the prosecution of most felony cases, ranging from murder to robbery. Prosecutors aim to convince the grand jurors that there is probable cause to believe that one or more individuals have committed crimes deserving of charges. Prosecutors present the potential indictment and proceed with calling witnesses and presenting other evidence. Witnesses are required to take an oath to tell the truth. Typically, in Georgia, law enforcement officers, such as investigators from the district attorney’s office, serve as the primary witnesses, relaying the findings of their investigations, including statements from suspects or witnesses and any other supporting evidence. Grand jurors are permitted to question witnesses. Defendants named in the potential indictment generally cannot testify before the grand jury.
Deliberations by the grand jury occur in a closed setting, with only the members of the grand jury present. They engage in discussions and vote on whether to return a “true bill” or a “no bill.” A “true bill” indicates that the grand jurors have voted in favor of an indictment, believing that sufficient probable cause exists to establish the accused individuals’ involvement in the alleged crimes. A “no bill” signifies that the grand jurors do not find enough evidence or do not believe that the accused individuals committed the alleged crimes. At least 16 grand jurors must participate in the voting, with at least 12 of them required to vote in favor of charges for an indictment to be issued. The grand jury oath in Georgia mandates that jurors keep their deliberations confidential, unless summoned to testify in a court of law.
Following the grand jury’s vote, if charges are brought, the indictment must be presented in open court with a judge and clerk present. The grand jury or its sworn bailiff is responsible for presenting the indictment. Subsequently, the indictment is filed as a public document in the clerk’s office. The individuals facing charges will then be booked and have their initial court appearances. If the grand jury decides against indicting anyone, prosecutors may choose to present the case to a different grand jury. However, if two grand juries decline to issue indictments on the same charges, prosecutors typically cannot pursue further indictments on those charges.
If Trump were to be indicted, it would not impede his ability to run for or succeed in the presidency in 2024. Trump has already faced two indictments this year in separate cases. In New York state court, he is confronted with 34 felony charges, including allegations of falsifying business records in connection with a hush money scheme involving extramarital encounters. In federal court in Florida, he faces 37 felony charges related to the possession of classified documents and his refusal to comply with government demands to return them. Furthermore, the Justice Department is conducting a special counsel investigation into Trump’s efforts to overturn the 2020 election results in multiple states, as well as his involvement in the January 6, 2021, U.S. Capitol insurrection.
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