Judge permits Trump’s co-defendants to interview Fulton County grand jurors.
Fulton County Superior Court Judge Scott McAfee has granted a request for members of the special purpose grand jury, which recommended charges against former President Donald Trump for his challenge of the 2020 election, to be interviewed. This decision comes after President Trump and 18 others were indicted by a separate grand jury in August for violating Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act and other counts. Two of the defendants, Kenneth Chesebro and Sidney Powell, have requested a speedy trial and will be tried together on October 23.
Lawyers for Chesebro and Powell, who both served as legal counsel for President Trump during his election challenge, requested access to interview the special purpose grand jury members and review the transcripts of the 75 witness testimonies they heard.
Both Chesebro and Powell have filed motions to dismiss their charges, arguing that the acts they are accused of are not criminal or do not align with the charges brought against them.
In a Tuesday order, Judge McAfee granted permission for the defense to interview the grand jurors, who must agree to be interviewed voluntarily. However, they are prohibited from discussing the deliberations, which were conducted in secret according to Georgia law.The defense lawyers have also challenged the validity of the RICO case itself, as they suspect improper conduct by the prosecutors from the Fulton County District Attorney’s office. They pointed to the accidental release of a 13-count indictment against President Trump on the same day the grand jury heard testimonies, raising concerns of potential influence on the jurors.“Defense counsel here are entitled, and would be expected, to conduct a thorough investigation in the zealous representation of their clients,” Judge McAfee stated.
The court will contact each juror to inquire about their willingness to be interviewed on the record in the presence of the court, either remotely or in person. The judge will oversee these interviews to ensure the confidentiality of the grand jurors’ personal information.
The defense lawyers have three business days to submit their proposed questions, and the prosecutors will have three days to respond.
However, the judge denied the request for the 75 witness testimonies, citing the Supreme Court’s ruling. He emphasized that “all grand juries require secrecy and protection from certain disclosures” and that the materials belong to the District Attorney’s office, not the court.
Nevertheless, the judge ordered that testimonies for any of the 75 witnesses called in pretrial hearings must be shared with the defense. This will occur either when the state decides to call the individual as a witness or when the individual is added to the state’s list of witnesses.
The defense has already received the testimony of Robert Cheeley, as he is one of the 19 defendants indicted.Special Purpose Grand Jury
On May 2, 2022, the special purpose grand jury was sworn in and spent the next six months hearing testimony from 75 witnesses.
“The Grand Jury was impaneled to investigate a specific issue: the facts and circumstances relating directly or indirectly to possible attempts to disrupt the lawful administration of the 2020 presidential elections in the State of Georgia,” the report stated.
The panel granted Fulton County District Attorney Fani Willis the power to subpoena witnesses who would not have testified otherwise.
The final report was submitted on December 15, 2022, and initially released in part. President Trump attempted to have the report quashed, but his motion was dismissed. The full report was released in August after the indictment, revealing the individuals recommended for prosecution by the panel. Some of these recommendations were related to perjury, as the grand jurors believed that some of the 75 witnesses had lied under oath. However, none of the testimonies were made public.
The special purpose grand jury initially recommended charges against 39 individuals, but the August indictment included 19 defendants and 30 additional ”co-conspirators” who were not named or indicted. Some of the unindicted individuals were those whom several grand jurors had voted against indicting, such as the slate of alternate electors.The prosecution has already provided the defense attorneys for Chesebro and Powell with a list of these individuals.
In their report, the special purpose grand jury stated that their recommendations were made independently, without influence from the district attorney’s office or outside counsel.“This Grand Jury contained no election law experts or criminal lawyers. The majority of this grand jury used their collective best efforts, however, to attend every session, listen to every witness, and attempt to understand the facts as presented and the laws as explained,” they wrote.
What concerns have the defense lawyers raised regarding the validity of the RICO case and potential misconduct by the prosecutors in relation to the grand jury proceedings
Ng testimony and reviewing evidence related to allegations of election fraud in the 2020 presidential election in Georgia. The grand jury, consisting of 12 members, was empaneled by Fulton County District Attorney Fani Willis in response to public outcry and demands for an investigation into the election results.
The special purpose grand jury’s investigation was conducted in secret, as is standard procedure for grand jury proceedings. The members heard testimonies from 75 witnesses and reviewed various pieces of evidence presented by the prosecutors. After completing their investigation, the grand jury recommended charges against former President Donald Trump and 18 others, including Kenneth Chesebro and Sidney Powell.
The decision to grant the defense’s request for interviews with the grand jury members comes as a significant development in the case. The defense lawyers for Chesebro and Powell argue that the interviews are essential to their clients’ right to a fair trial. They seek to question the grand jurors about their deliberations and ascertain any potential biases or improper conduct during the proceedings.
However, it is important to note that the interviews will be conducted voluntarily, and the grand jurors are prohibited from discussing the deliberations themselves due to Georgia law’s secrecy requirements. This ensures the confidentiality and integrity of the grand jury process.
Furthermore, the defense lawyers have also raised concerns about the validity of the RICO case and potential misconduct by the prosecutors. They point to the accidental release of a 13-count indictment against President Trump on the same day the grand jury heard testimonies, suggesting the possibility of undue influence on the jurors. These concerns further highlight the need for a thorough investigation into the proceedings.
Judge McAfee
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