Trump could be charged over attempts to overturn Georgia’s 2020 election. Here’s why. – National | 24CA News

A grand jury being seated Tuesday in Atlanta will possible take into account whether or not felony costs are acceptable for former President Donald Trump or his Republican allies for his or her efforts to overturn his 2020 election loss in Georgia.

Fulton County District Attorney Fani Willis has been investigating since shortly after Trump known as Georgia Secretary of State Brad Raffensperger in early 2021 and recommended the state’s high elections official may assist him “find 11,780 votes,” simply sufficient wanted to beat Democrat Joe Biden.

The 2 1/2-year investigation expanded to incorporate an examination of a slate of Republican faux electors, telephone calls by Trump and others to Georgia officers within the weeks after the 2020 election and unfounded allegations of widespread election fraud made to state lawmakers.

Willis, a Democrat, is anticipated to current her case earlier than considered one of two new grand juries being seated Tuesday. She has beforehand recommended that any indictments would possible are available in August.

Here’s how that course of would work:

Yes. About a yr into her investigation, Willis took the weird step of asking for a particular grand jury. She stated on the time that she wanted the panel’s subpoena energy to compel testimony from witnesses who in any other case may not be keen to speak to her group. That particular grand jury was seated in May 2022 and was launched in January after finishing its work.

It was primarily an investigative software and didn’t have the facility to indict. Instead, it issued subpoenas and thought of testimony from about 75 witnesses, in addition to different proof, earlier than drafting a closing report with suggestions for Willis.

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While a part of that report was made public in February, the choose overseeing the particular grand jury stated any suggestions on particular costs for particular individuals would stay secret in the interim. The panel’s foreperson stated in media interviews later that month that they advisable indicting quite a few individuals, however she declined to call names.

Willis isn’t sure by the particular grand jury’s suggestions.

Willis despatched letters final summer time warning sure individuals — together with the state’s faux electors and former New York mayor and Trump lawyer Rudy Giuliani — that they might face costs within the case. Some of the faux electors have since reached immunity offers with Willis’ group. While she hasn’t stated come what may whether or not she would search costs in opposition to Trump, Willis has repeatedly stated nobody is above the legislation.

Willis is a fan of Georgia’s Racketeer Influenced and Corrupt Organizations Act, and there have been hints she’ll use it on this case. The RICO Act permits prosecutors to convey costs in opposition to a number of those that they consider dedicated separate crimes whereas working towards a typical aim.

Very. There are typically two grand juries seated in Fulton County in every two-month time period of courtroom. They often meet each week — one on Mondays and Tuesdays and the opposite on Thursdays and Fridays. Their work takes place behind closed doorways, not open to the general public or to news media.

Grand jurors have to be U.S. residents who’re at the very least 18 years previous and should stay within the county the place they serve. Each grand jury is made up of 16 to 23 individuals and as much as three alternates — at the very least 16 have to be current for circumstances for the grand jury to listen to any proof or take any official motion.

Georgia legislation requires an indictment from a grand jury to prosecute somebody in most felony circumstances — issues like homicide, aggravated assault, theft and different crimes. When prosecutors current a case, they’re attempting to persuade the grand jurors that there’s possible trigger that a number of individuals dedicated crimes and to get the grand jurors to log off on bringing costs in opposition to them.

For every case, prosecutors learn or clarify the potential indictment after which name witnesses or current every other proof. Any witnesses who testify should swear an oath to inform the reality.

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Often in Georgia, the one witnesses the grand jury hears from are legislation enforcement officers, together with investigators for the district lawyer’s workplace. They can inform the grand jurors what they’ve realized of their investigation, together with what suspects or witnesses have stated and what different proof they’ve.

Members of the grand jury are allowed to query witnesses.

In common, an individual who is called as a defendant on the potential indictment can’t be known as to testify earlier than the grand jury.

After the case has been offered, solely members of the grand jury may be within the room for deliberations. They focus on the case and vote on whether or not to return a “true bill” or a “no bill.” A “true bill” means the grand jurors have voted to indict as a result of they assume there’s possible trigger to consider that the particular person accused dedicated the alleged crimes. A “no bill” means the grand jurors don’t consider the particular person dedicated the alleged crimes or there isn’t sufficient proof to indict.
At least 16 grand jurors should take part within the voting, and an indictment requires 12 of them to vote in favor of costs.

The grand juror oath in Georgia requires jurors to “keep the deliberations of the Grand Jury secret unless called upon to give evidence thereof in some court of law of this State.”

If a grand jury votes to convey costs, the indictment have to be offered in open courtroom by the grand jury or the sworn grand jury bailiff in a courtroom the place a choose and the clerk are current. Then it’s filed within the clerk’s workplace and is a public doc. Soon after that, these charged will likely be booked and have their first courtroom appearances.

If the grand jury votes in opposition to indicting anybody, prosecutors can current the case once more to a distinct grand jury. But if two grand juries vote to not indict on the identical costs, prosecutors typically can not attempt once more to get an indictment on these costs.

Yes. Neither an indictment nor a conviction would stop Trump from working for or profitable the presidency in 2024.

He has already been indicted twice this yr in different circumstances. He faces 34 felony costs in New York state courtroom accusing him of falsifying business information in a hush cash scheme over allegations of extramarital sexual encounters. And he faces 37 felony costs in federal courtroom in Florida accusing him of hoarding categorized paperwork and refusing authorities calls for to present them again.

In addition, a Justice Department particular counsel is investigating his efforts to overturn the outcomes of the 2020 presidential election in a number of states, in addition to the occasions main as much as the Jan. 6, 2021, riot on the U.S. Capitol.

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