A grand jury sworn in Tuesday in Atlanta is likely to consider whether criminal charges are appropriate for the former president

Donald

Trump or his Republican allies for their efforts to reverse his 2020 Georgia election loss.

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Fani Willis has been investigating since shortly after Trump called Georgia Secretary of State Brad Raffensperger in early 2021 and suggested that the state’s top election official could help him find 11,780 votes, just enough to beat Democrat Joe Biden.

The 2 1/2 year investigation expanded to include an investigation of a list of Republican bogus voters, calls from Trump and others to officials in Georgia in the weeks following the 2020 election, and unfounded allegations of widespread election fraud to state lawmakers.

Willis, a Democrat, is expected to present her case before one of two new grand juries set for Tuesday. She has previously suggested that any charges would likely come in August.

Here’s how that process would work:

TO WAIT. WAS THERE NOT ALREADY A GRAND JURY IN THIS CASE? To wait. Wasn’t there already a grand jury in this case?

Yes About a year into her investigation, Willis took the unusual step of asking for a special grand jury. She said at the time that she needed the panel’s subpoena power to compel testimony from witnesses who might not otherwise be willing to speak to her team. That special grand jury sat in May 2022 and was released in January upon completion of its work.

It was essentially an investigative tool and had no power to press charges. Instead, it issued subpoenas and considered the testimony of about 75 witnesses, as well as other evidence, before preparing a final report with recommendations for Willis.

While part of that report was made public in February, the judge who oversees the special grand jury said any recommendations on specific charges for specific people would remain secret for now. The panel’s foreman said in media interviews later that month that they recommended indicting numerous people, but she refused

Give your name

names.

Willis is not bound by the recommendations of the special grand jury.

WHO MAY BE LOOKING AT POSSIBLE COSTS? Who could be watching Willis for possible charges?

Willis sent out letters last summer warning certain people, including the state’s bogus voters and former New York mayor and Trump attorney Rudy Giuliani, that they could face charges in the case. Some of the fake voters have since signed immunity deals with Willis’ team. While she has somehow failed to say whether she would press charges against Trump, Willis has repeatedly said that no one is above the law.

Willis is a fan of Georgia’s Racketeer Influenced and Corrupt Organizations Act, and there is some evidence that she will use it in this case. The RICO Act allows prosecutors to bring charges against multiple people they believe committed separate crimes while working toward a common cause.

HOW OFTEN ARE GRAND JURIES REGULAR? How common are ordinary grand juries?

Terribly. There are generally two Fulton County grand juries sitting during each two-month term. They usually meet every week, one on Monday and Tuesday and the other on Thursday and Friday. Their work takes place behind closed doors, inaccessible to the public or the news media.

Grand jurors must be U.S. citizens who are at least 18 years old and must reside in the county where they serve. Each grand jury consists of 16 to 23 people, and a maximum of three deputies of at least 16 must be present for the grand jury to hear any evidence or take official action.

WHAT HAPPENED DURING THE GRAND JURY SELECTION? What happened during the grand jury selection?

On Tuesday, a total of 96 potential grand jurors appeared at the Fulton County Courthouse. Fulton County Superior Court Judge Robert McBurney explained what a grand jury does and asked basic questions to the group to make sure everyone was eligible to serve.

McBurney then called the members of the group one by one and asked them to say if they were ready to serve or if they had a hardship that prevented them from serving. Afterward, McBurney, Willis, and members of their team began meeting privately with people who mentioned a hardship to decide whether to be excused.

Next, McBurney read out 26 names, 23 grand jurors and three alternates to serve on Grand Jury A, which meets on Mondays and Tuesdays, and 26 names for Grand Jury B, which meets on Thursdays and Fridays. It’s unclear which of those grand juries would hear Willis’ election case.

The prosecutor and her team then met with the grand jurors behind closed doors before McBurney returned to the chamber to swear in the grand jurors and give them instructions.

WHAT HAPPENS WHEN THE CASE IS PRESENTED TO THE GRAND JURY? What happens when the case goes to the grand jury?

Georgia law requires a grand jury indictment to prosecute someone in most felony cases, such as

murder, aggravated assault, robbery and other crimes. When prosecutors present a case, they try to convince the grand jurors that there is a probable reason that one or more people committed crimes and they try to get the grand jurors to file their charges.

For each case, prosecutors read or explain the possible charges and then call witnesses or present other evidence. All witnesses who testify must take an oath to speak the truth.

Often in Georgia, the only witnesses the grand jury hears are law enforcement officers, including investigators from the district attorney’s office. They can tell the grand jurors what they learned during their investigation, including what defendants or witnesses said and what other evidence they have.

Members of the grand jury may question witnesses.

Generally, a person named as a defendant on the potential indictment cannot be called to testify before the grand jury.

HOW DO GRAND JURY DELIBERATIONS WORK? How do grand jury deliberations work?

After the case is presented, only members of the grand jury may be in the room for deliberations. They discuss the matter and vote on whether or not to return a real invoice. A true bill means that the grand jurors voted in favor of an indictment because they believe there is probable reason to believe that the accused committed the alleged crimes. A no bill means that the grand jurors do not believe the person committed the alleged crimes or that there is not enough evidence to charge.

At least 16 grand jurors must participate in the vote, and an indictment requires 12 of them to vote in favor of the indictment.

The Georgia grand juror’s oath requires jurors to keep the grand jury’s deliberations secret unless they are called to testify in a court of this state.

WHAT HAPPENS AFTER THE GRAND JURORS VOTE? What happens after the grand jurors vote?

If a grand jury votes to bring an indictment, the indictment must be filed in open court by the grand jury or the sworn grand jury bailiff in a courtroom where a judge and the clerk are present. It is then filed with the registry and is a public document. Soon after, the defendants will be booked and appear in court for the first time.

If the grand jury votes against indicting someone, prosecutors can resubmit the case to another grand jury. But if two grand juries vote not to indict on the same charges, prosecutors generally can’t try to get an indictment on those charges again.

IF TRUMP IS SIGNED, CAN HE STILL RUN FOR PRESIDENT? If Trump is nominated, can he still run for president?

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

He has already been reported twice this year in other cases. He faces 34 felony charges in New York state court, silently accusing him of false business records

money settlement over allegations of extramarital sexual encounters. And he faces 37 felony charges in federal court in Florida, accusing him of hoarding classified documents and refusing government demands to return them.

In addition, a Justice Department special counsel is looking into his efforts to overturn the results of the 2020 presidential election in multiple states, as well as the events leading up to the January 6, 2021 riot at the U.S. Capitol.