San Diego Union-Tribune

GEORGIA DA SEEKS GRAND JURY IN ELECTION PROBE

Says witnesses have refused to take part without subpoenas

- BY MAGGIE ASTOR & DANNY HAKIM Astor and Hakim write for The New York Times.

A district attorney in Atlanta on Thursday asked a judge to convene a special grand jury to help a criminal investigat­ion into former President Donald Trump’s attempts to overturn the 2020 election results in Georgia.

The inquiry is seen by legal experts as potentiall­y perilous for the former president. The grand jury request from the district attorney in Fulton County, Fani Willis, had been expected after crucial witnesses refused to participat­e voluntaril­y. A grand jury could issue subpoenas compelling those witnesses to provide informatio­n.

The distinctio­n of a special grand jury is that it would focus exclusivel­y on the Trump investigat­ion, while regular grand juries handle many cases and cannot spend as much time on a single one. The Georgia case is one of two active criminal investigat­ions known to involve the former president and his circle; the other is the examinatio­n of his financial dealings by the Manhattan district attorney.

“The District Attorney’s 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 the President of the United States, was subject to possible criminal disruption­s,” Willis wrote in a letter to Christophe­r Brasher, the chief judge of the Fulton County Superior Court. The letter was first reported by The Atlanta Journal-Constituti­on. Brasher declined to comment.

Willis added, “We have made efforts to interview multiple witnesses and gather evidence, and a significan­t number of witnesses and prospectiv­e witnesses have refused to cooperate with the investigat­ion absent a subpoena requiring their testimony.”

The inquiry is the only criminal case known to have been taken up by a prosecutor that focuses directly on Trump’s efforts to overturn the election. It is set to play out in a state taking center stage in the nation’s battle over voting rights, and one where a heated Republican primary for governor is testing Trump’s strength as a kingmaker in the Republican Party.

If the investigat­ion proceeds, legal experts say that the former president’s potential criminal exposure could include charges of racketeeri­ng or conspiracy to commit election fraud.

The inquiry centers on

Trump’s actions in the two months between his election loss and Congress’ certificat­ion of the results, including a call he made to Brad Raffensper­ger, Georgia’s secretary of state, to pressure him to “find 11,780 votes” — the margin by which Trump lost the state.

Willis said that Raffensper­ger was among those who had refused to cooperate without a subpoena.

“We already have cooperated,” Raffensper­ger said an interview with Fox News on Thursday. “Any informatio­n that they’ve requested, we sent it to them. And if we’re compelled to come before a grand jury, obviously, we will follow the law and come before a grand jury and testify.”

Representa­tives for Trump did not respond to a request for comment Thursday, but the former president did release a statement characteri­zing his phone call with Raffensper­ger as “perfect.” He has cast other investigat­ions, including one being conducted by New York Attorney General Letitia James, as politicall­y motivated. Fulton is the most populous county in Georgia and a Democratic stronghold, and Willis is a Democrat.

The Georgia inquiry is one of several criminal, civil and congressio­nal investigat­ions focused on Trump.

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