Trump Asks Georgia Supreme Court To Disqualify Prosecutor From Election Inquiry And Destroy Grand Jury Report

(Brynn Anderson/Associated Press)

Trump Asks Georgia Supreme Court To Disqualify Prosecutor From Election Inquiry And Destroy Grand Jury Report


July 14, 2023

Lawyers for former President Trump are asking Georgia’s highest court to prevent the prosecutor who investigated his actions in the aftermath of the 2020 election from prosecuting him and for a special grand jury report as part of the discard research.

Fulton County Dist. attentive Fani Willis has been investigating since early 2021 whether Trump and his allies broke any laws as they tried to reverse his narrow election loss in Georgia to Democrat Joe Biden. She has suggested she will likely file charges in the case with a grand jury next month.

Trump’s Georgia legal team filed similar petitions with the Georgia Supreme Court and the Fulton County Supreme Court on Friday, naming Willis and Fulton County Supreme Court Justice Robert McBurney, who oversaw the special grand jury, as respondents . A spokesperson for Willis declined to comment. McBurney did not immediately respond to an email requesting comment.

Trump’s legal team, Drew Findling, Jennifer Little and Marissa Goldberg, acknowledged the filings are unusual, but

said they were

necessary given the tight time frame. Willis has indicated she will use the special jury report to file charges in weeks, if not days. Two new regular grand juries have been sitting this week, and one is likely to hear the case.

Even in an extraordinarily new case of national concern, one would expect matters to follow their normal procedural course within a reasonable time, the filings said. But nothing about these processes was normal or reasonable. And the almost inevitable conclusion is that the anomalies below are because the petitioner is President Donald J. Trump.

The petitions try to stop Willis and her office from continuing the case. It also asks that the report prepared by the special grand jury that sat in the case be thrown out and that prosecutors be prevented from presenting any evidence from the panel’s investigation to a regular grand jury.

The filings ask the courts to halt all proceedings related to and arising from the special grand jury investigation until this matter can be resolved.

In an earlier filing in March, Trump’s lawyers made similar requests, asking that a judge other than McBurney hear their claims. Willis dismissed the arguments as unfounded. McBurney kept the case and has yet to rule on the Trump team’s requests.

That has left Trump stranded between the protracted inaction of the oversight judge and the impending impeachment of the district attorney,” with no choice but to take action at the Supreme Court, his lawyers wrote.

Willis opened her investigation shortly after Trump called Georgia Secretary of State Brad Raffensperger in January 2021 and suggested that the state’s top election official could help him get the votes needed to reverse his election loss in the state. Last year, she requested a special grand jury, saying the panel’s subpoena power would allow her to coerce testimony from witnesses who would otherwise be unwilling to speak to her team.

The special grand jury, which lacked the authority to issue indictments, sat last May and ruled in January after hearing 75 witnesses and submitting a report with recommendations for Willis. While most of that report remains secret for now,

according to as ordered by

a judge

s order

the panel foreman said without names that the special grand jury recommended that several people be charged.

Trump’s attorneys argued in their March filing that the special grand jury trial involved a constant lack of clarity regarding the law, inconsistent applications of basic constitutional protections for individuals brought before them, and a prosecutor’s office that a factual conflict, but continued the investigation.

Willis argued in a response in May that those arguments fell short of strict standards for disqualifying a prosecutor and could not prove that due process rights had been violated or that the grand jury trial was tainted or that the law applicable to it was unconstitutional.

In Friday’s documents, Trump lawyers said Willis and McBurney had flouted procedural safeguards for the rights of Trump and others who could be targeted by the investigation.

The entire process is now incurably infected, they wrote. And nothing that follows can be legally sound or publicly respectable.


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