ATLANTA (AP) 鈥 A Georgia judge on Monday ordered the partial release later this week of a report by a special grand jury that investigated efforts by former President Donald Trump and his allies to overturn his 2020 election loss.
The report鈥檚 introduction and conclusion, as well as a section in which the grand jurors expressed concerns that some witnesses may have lied under oath, will be released on Thursday, said Fulton County Superior Court Judge Robert McBurney.
Any recommendations on who should or should not be prosecuted will remain secret for now to protect their due process rights, McBurney wrote.
McBurney's order came from prosecutors, who urged the report be kept secret until they decide on charges, and a coalition of media organizations, which pressed for its release.
The release is a significant development in that threaten legal jeopardy for the former president as he ramps up a 2024 White House campaign. The special grand jury spent about seven months hearing testimony from witnesses including high-profile Trump allies, such as attorney Rudy Giuliani and Sen. Lindsey Graham of South Carolina, and high-ranking Georgia officials, such as Secretary of State Brad Raffensperger and Gov. Brian Kemp.
that the report includes recommendations for Fulton County District Attorney Fani Willis, including 鈥渁 roster of who should (or should not) be indicted, and for what, in relation to the conduct (and aftermath) of the 2020 general election in Georgia.鈥 The special grand jury did not have the power to issue indictments, and it will ultimately be up to Willis to decide whether to seek indictments from a regular grand jury.
The special grand jury's final report was requested by Willis and is meant to inform her investigative decision-making process, McBurney wrote, adding that the panel's investigation was largely controlled by the district attorney and her team and was 鈥渁 one-sided exploration."
There was 鈥渧ery limited due process鈥 for people for whom the grand jurors recommended charges, McBurney wrote. Some may not have had the opportunity to appear before the panel, and those who did appear did not have the right to have their lawyers present or to offer any rebuttal.
For that reason, the judge concluded, it is not appropriate to release the full report at this time.
It is not clear if or when Willis will present the case to a regular grand jury with the purpose of getting one or more indictments. At a Jan. 24 hearing, she said but did not elaborate.
Trump told The Associated Press last month that he did 鈥渁bsolutely nothing wrong.鈥 He said he felt 鈥渧ery confident鈥 that he wouldn鈥檛 be indicted.
At the January hearing, Willis had argued against the immediate release of the report, saying it could violate the rights of potential defendants and negatively affect the ability to prosecute those who may be charged with crimes.
鈥淲e want to make sure that everyone is treated fairly and we think for future defendants to be treated fairly, it is not appropriate at this time to have this report released,鈥 Willis said during the hearing.
A group of news organizations, including the AP, argued in favor of releasing the report immediately in full, saying that public interest in the report is 鈥渆xtraordinary.鈥
鈥淭he discomfort of the prosecuting authority in disclosing court records isn鈥檛 enough to make them sealed,鈥 said attorney Tom Clyde, representing the media. 鈥淚t has to be significant, identifiable evidence that鈥檚 going to cause a problem.鈥
Willis said in an emailed statement Monday that she believes McBurney's order is 鈥渓egally sound and consistent with my request鈥 and that she has no plans to appeal. Clyde declined to comment.
Willis and her team began investigating two years ago, shortly after the release of a recording of a between Trump and Georgia Secretary of State Brad Raffensperger. In that conversation, the then-president suggested that Raffensperger, a fellow Republican, could 鈥渇ind鈥 the votes needed to overturn Trump鈥檚 narrow election loss in the state to Biden, a Democrat.
鈥淎ll I want to do is this: I just want to find 11,780 votes, which is one more than we have,鈥 Trump said on the call.
Since then, the investigation鈥檚 scope has broadened considerably. The special grand jury operated behind closed doors, as required by law, but public court filings and hearings related to its work provided a window into some of the topics Willis was exploring. Those included:
鈥 Phone calls by Trump to Georgia officials in the wake of the 2020 election.
鈥 A group of 16 Georgia Republicans who signed a certificate in December 2020 that Trump had won the state and that they were the state鈥檚 鈥渄uly elected and qualified鈥 electors.
鈥 False allegations of election fraud made during meetings of state legislators at the Georgia Capitol in December 2020.
鈥 The from election equipment in rural by a computer forensics team hired by Trump allies.
鈥 to pressure Fulton County elections worker into falsely confessing to election fraud.
鈥 The of the U.S. attorney in Atlanta in January 2021.
