Trump: To Indict or Not Indict

On Monday, January 9, 2023, the “special” grand jury in Atlanta investigating whether former President Donald Trump violated the law in his effort to overturn the 2020, was formally “dissolved;” meaning that it has completed its work.  Unlike regular grand juries, “special” grand juries in Georgia are not authorized to issue indictments.  Instead, it will issue a final report that the Fulton County District Attorney will review to determine whether to pursue any indictments in the election interference investigation. The District Attorney, Fani Willis, can then go to a regularly empaneled grand jury to seek indictments of Trump or any potential conspirators.

In January 2021, shortly after a call became public in which Trump pressured Georgia Secretary of State Brad Raffensberger, also a Republican, to “find” the votes necessary for Trump to win the presidential election in the state, Willis spent more than a year digging into her investigation into Trump and his associates.  

Over time, her investigation has expanded beyond that call to include false claims of election fraud to state lawmakers, the fake elector scheme, efforts by unauthorized individuals to access voting machines in one Georgia county and threats and harassment against election workers.

The judge has scheduled a hearing on January 24 for the District Attorney’s office to argue whether the special grand jury’s report should be made public.  We sill thus soon know: (i) whether the report will be for public review; and (ii) whether Trump will be indicted as a result of his actions.