Skip to content Skip to footer

Judges Approve Special Grand Jury for Probe Into Trump Election Tampering

The investigation is examining whether Trump broke the law when he asked election officials to “find” him 11,780 votes.

President Donald Trump leaves after speaking at a rally at Middle Georgia Regional Airport in Macon, Georgia, on October 16, 2020.

A court in Fulton County, Georgia, has agreed to a request from county District Attorney Fani Willis to convene a special grand jury to assist in the investigation into Donald Trump’s attempt to persuade state officials to overturn the 2020 election results.

Willis is investigating whether a phone call from Trump to state officials in late December 2020 violated laws prohibiting the solicitation, requesting or commanding of another person to engage in election fraud. A person who is convicted of such a charge could face up to three years in prison.

The special grand jury, which was approved on Monday by the Fulton County Superior Court, won’t have the authority to issue an indictment against Trump, but if it believes one is proper, it can make the recommendation to Willis, who can then decide to pursue a criminal case. The special grand jury will be assembled on May 2, and Willis has said that she will make a decision on criminal charges sometime in the first half of this year.

In her formal request for the special grand jury last week, Willis said that her office has “received information indicating a reasonable probability that the State of Georgia’s administration of elections in 2020, including the State’s election of President of the United States, was subject to possible criminal disruptions.”

Willis also noted in her request that a “significant number of witnesses and prospective witnesses have refused to cooperate with the investigation absent a subpoena requiring their testimony.” Georgia Secretary of State Brad Raffensperger, who was on the call with Trump over a year ago when the former president pressured him to “find” votes to overturn Biden’s win in the state, has been reluctant to testify without a subpoena order, she said.

The court’s order for creating the special grand jury authorizes it to “investigate any and all facts and circumstances relating directly or indirectly to alleged violations of the laws of the State of Georgia,” Chief Judge Christopher Brasher wrote.

Last week, Trump defended his phone call with Raffensperger, saying the conversation “was perfect.”

“I didn’t say anything wrong in the call,” Trump said.

But Trump’s conversation with the Georgia secretary of state likely violates the state’s law against coercing election officials to engage in election fraud. In an audio recording of the conversation, Trump lied about the election’s integrity numerous times in order to convince Raffensperger to “find” him 11,780 votes — the exact number that he needed to win against Joe Biden in Georgia.

Trump also made a number of vague threats toward Raffensperger and his attorney, claiming that they could be held criminally liable if they didn’t comply with his demands.

Truthout Is Preparing to Meet Trump’s Agenda With Resistance at Every Turn

Dear Truthout Community,

If you feel rage, despondency, confusion and deep fear today, you are not alone. We’re feeling it too. We are heartsick. Facing down Trump’s fascist agenda, we are desperately worried about the most vulnerable people among us, including our loved ones and everyone in the Truthout community, and our minds are racing a million miles a minute to try to map out all that needs to be done.

We must give ourselves space to grieve and feel our fear, feel our rage, and keep in the forefront of our mind the stark truth that millions of real human lives are on the line. And simultaneously, we’ve got to get to work, take stock of our resources, and prepare to throw ourselves full force into the movement.

Journalism is a linchpin of that movement. Even as we are reeling, we’re summoning up all the energy we can to face down what’s coming, because we know that one of the sharpest weapons against fascism is publishing the truth.

There are many terrifying planks to the Trump agenda, and we plan to devote ourselves to reporting thoroughly on each one and, crucially, covering the movements resisting them. We also recognize that Trump is a dire threat to journalism itself, and that we must take this seriously from the outset.

After the election, the four of us sat down to have some hard but necessary conversations about Truthout under a Trump presidency. How would we defend our publication from an avalanche of far right lawsuits that seek to bankrupt us? How would we keep our reporters safe if they need to cover outbreaks of political violence, or if they are targeted by authorities? How will we urgently produce the practical analysis, tools and movement coverage that you need right now — breaking through our normal routines to meet a terrifying moment in ways that best serve you?

It will be a tough, scary four years to produce social justice-driven journalism. We need to deliver news, strategy, liberatory ideas, tools and movement-sparking solutions with a force that we never have had to before. And at the same time, we desperately need to protect our ability to do so.

We know this is such a painful moment and donations may understandably be the last thing on your mind. But we must ask for your support, which is needed in a new and urgent way.

We promise we will kick into an even higher gear to give you truthful news that cuts against the disinformation and vitriol and hate and violence. We promise to publish analyses that will serve the needs of the movements we all rely on to survive the next four years, and even build for the future. We promise to be responsive, to recognize you as members of our community with a vital stake and voice in this work.

Please dig deep if you can, but a donation of any amount will be a truly meaningful and tangible action in this cataclysmic historical moment.

We’re with you. Let’s do all we can to move forward together.

With love, rage, and solidarity,

Maya, Negin, Saima, and Ziggy