San Francisco Chronicle

Perjury is cited in probe of efforts to overturn vote

- By Kate Brumback

ATLANTA — A special grand jury investigat­ing efforts by then-President Donald Trump and his allies to overturn his 2020 election loss in Georgia says it believes “one or more witnesses” committed perjury, and it urged local prosecutor­s to bring charges.

Fulton County District Attorney Fani Willis should “seek appropriat­e indictment­s for such crimes where the evidence is compelling,” according to portions of the special grand jury’s final report that were released Thursday.

The sections that were made public are silent on key details, including who the panel believes committed perjury and what other specific charges should be pursued. But it marks the first time the grand jurors’ recommenda­tions for criminal charges tied to the case have been made public. And it’s a reminder of the intensifyi­ng legal challenges facing the former president as he ramps up his third White House bid amid multiple legal investigat­ions.

Trump is also under investigat­ion by the U.S. Justice Department for holding classified documents at his Florida estate.

The former president never testified before the special grand jury, meaning he is not among those who could have perjured themselves. But the report doesn’t foreclose the possibilit­y of other charges, and the case still poses particular challenges for Trump, in part because his actions in Georgia were so public.

Trump and his allies made unproven claims of widespread voter fraud and berated Georgia Secretary of State Brad Raffensper­ger and Gov. Brian Kemp for not acting to overturn his narrow loss to President Joe Biden in the state.

Willis has said since the beginning of the investigat­ion two years ago that she was interested in a phone call Jan. 2, 2021, in which Trump suggested to Raffensper­ger that he could “find” the votes needed to overturn his loss in the state.

“All I want to do is this: I just want to find 11,780 votes, which is one more than we have,” Trump said during that call. “Because we won the state.”

Trump has said repeatedly that his call with Raffensper­ger was “perfect,” and he said last month that he felt “very confident” that he would not be indicted.

In a statement Thursday, Trump continued to assert that he did “absolutely nothing wrong.”

State and federal officials, including Trump’s attorney general, have consistent­ly said the election was secure and there was no evidence of significan­t fraud. After hearing “extensive testimony on the issue,” the special grand jury agreed in a unanimous vote that there was no widespread fraud in Georgia’s election.

The special grand jury, which was requested by Willis to aid her investigat­ion, was seated in May and submitted its report to Fulton County Superior Court Judge Robert McBurney on Dec. 15. The panel does not have the power to issue indictment­s. Instead, its report contains recommenda­tions for Willis, who will ultimately decide whether to seek one or more indictment­s from a regular grand jury.

Over the course of about seven months, the special grand jurors heard from 75 witnesses, among them Trump allies including former New York Mayor and Trump attorney Rudy Giuliani and U.S. Sen. Lindsey Graham of South Carolina. Top Georgia officials, such as Raffensper­ger and Kemp, also appeared before the panel.

While there were relatively few details in Thursday’s release, it does provide some insight into the panel’s process. The report’s introducti­on says that an “overwhelmi­ng majority” of the informatio­n that the grand jury received “was delivered in person under oath.”

Based on witnesses called to testify before the grand jury, it is clear that Willis is focusing on several areas. Those include:

• Phone calls by Trump and others to Georgia officials in the wake of the election.

• A group of 16 Georgia Republican­s who signed a certificat­e in December 2020 falsely stating that Trump had won the state and that they were the state’s “duly elected and qualified” electors.

• False allegation­s of election fraud made during meetings of state legislator­s at the Georgia Capitol in December 2020.

• The copying of data and software from election equipment in rural Coffee County by a computer forensics team hired by Trump allies.

• Alleged attempts to pressure Fulton County elections worker Ruby Freeman into falsely confessing to election fraud.

• The abrupt resignatio­n of the U.S. attorney in Atlanta in January 2021.

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