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Post by lowell on Jan 20, 2022 21:49:39 GMT -6
"DA for Atlanta area requests special grand jury to probe Trump's election interference"
'By Sara Murray, Jason Morris and Zachary Cohen, CNN
(CNN)A district attorney in the Atlanta area investigating former President Donald Trump's efforts to overturn the 2020 election results in the state has requested a special grand jury to gather evidence and compel witnesses to testify in relation to her probe. The request to seat a special grand jury -- nearly a year after Fulton County District Attorney Fani Willis opened her investigation -- indicates that she is still seriously pursuing possible criminal charges against Trump or his allies for their efforts to interfere in Georgia's election in 2020. Fulton County District Attorney Fani Willis wrote that her 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 President of the United States, was subject to possible criminal disruptions," according to a letter sent to Christopher Brasher, chief judge of Fulton County's Superior Court, and provided by the court.
Willis has asked for the grand jury to begin in May and remain in place for no longer than 12 months.'
We have the recording of a phone call from the former President of the United States flattering, then pleading, then threatening, then bullying the Republican Georgia Secretary of State Brad Raffensperger, for enough votes to be changed to votes for Trump, for Trump to win Georgia.
"The Georgia Secretary of State's office has already provided Willis's team with evidence including document, recording of calls Trump made to Raffensperger and another official in his office and interviews with some staffers."
'Georgia State law professor Clark D. Cunningham says empaneling a special grand jury is "extremely significant" since it will provide Willis unique investigative powers that "no other entity in the country has right now in relation to this issue."
Cunningham said she could issue subpoenas to a wide variety of witnesses beyond Georgia officers or state employees. "She could subpoena Mark Meadows, for example. She could subpoena Rudy Giuliani. She could subpoena Donald Trump. I would expect that they would probably subpoena the former US Attorney BJay Pak," Cunningham told CNN. "The fact that this is a criminal investigation may give it a much higher priority than, for example, the work of the congressional January 6 committee."
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Post by James T. Kirk on Jan 21, 2022 3:34:39 GMT -6
That's not as easy as it sounds.
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Post by lowell on Jan 21, 2022 12:09:27 GMT -6
Indicting a former President is not easy to do. The special grand jury makes it more possible to do. The way I read it, the D.A. has to do the indictment. Proving the case is easier with the special grand jury. The courts will have to okay it though. So it requires many willing participants. The tramp has been overconfident all his life. On some occasions it bit him. This may be one of those occasions.
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Post by James T. Kirk on Jan 21, 2022 14:57:49 GMT -6
My point was about the State of Georgia issuing subpoenas to people in other states, such as Tramp, Giuliani and Meadows. It not as simple as the article makes it sound. She could probably indict with the evidence she has and the testimony of in-state witnesses. A prosecutor with a GJ can indict a banana. This would drag on for years.
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Post by lowell on Jan 21, 2022 22:21:58 GMT -6
She has more confidence than I would, but I'm not a lawyer. She did say the Special Grand Jury would only be empaneled for "no longer than 12 months".
Cunningham seems to think that since this will be a criminal investigation from day one, the subpoenas will have more weight.
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Post by James T. Kirk on Jan 22, 2022 5:14:26 GMT -6
I don't think Tramp would have to honor a Georgia subpoena because he doesn't live there. His permanent residence is in Florida. Georgia would likely have to petition a Florida Court to order Tramp to go to Florida and that isn't always and easy proposition. Plus, if she did succeed at getting Florida to order him to Georgia, he can plead the 5th. The same goes for Meadows and Giuliani. Tramp and Rudy would also likely cite attorney-client privilege to avoid testifying. If she really wants to indict she has the recording of Tramp's phone call to the Georgia Secretary of State. It was perfectly legal for the SOS to record it and it speaks for itself. Actually, I believe Georgia is a state where a prosecutor can indict "on information" without a Grand Jury indictment. Obviously a true bill from a grand jury would appear more credible, but she could simply write up the charges and present them in a probable cause hearing before the appropriate court. I think the intent is to drag it out for dramatic effect so it's one more thing Tramp has to think about and pay attorneys to deal with. Okay by me.
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Post by lowell on Jan 25, 2022 23:41:14 GMT -6
"Judges approve special grand jury in Georgia election probe"
By KATE BRUMBACK, Associated Press
' Judges have approved a request for a special grand jury by the Georgia prosecutor who's investigating whether former President Donald Trump and others broke the law by trying to pressure Georgia officials to throw out Joe Biden's presidential election victory.
Fulton County District Attorney Fani Willis last week sent a letter to county superior court Chief Judge Christopher Brasher asking him to impanel a special grand jury. Brasher issued an order Monday saying the request was considered and approved by a majority of the superior court judges.
The special grand jury is to be seated May 2 for a period of up to a year, Brasher's order says. Fulton County Superior Court Judge Robert McBurney is assigned to supervise and assist the special grand jury.
Willis wrote in her letter to Brasher that her 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.” She said her office has “opened an investigation into any coordinated attempts to unlawfully alter the outcome of the 2020 elections in this state.”
The special grand jury “shall be authorized to investigate any and all facts and circumstances relating directly or indirectly to alleged violations of the laws of the State of Georgia, as set forth in the request of the District Attorney,” the order says.
Willis has declined to speak about the specifics of her investigation, but in an interview with The Associated Press earlier this month she confirmed that its scope includes — but is not limited to — a Jan. 2, 2021, phone call between Trump and Georgia Secretary of State Brad Raffensperger, a November 2020 phone call between U.S. Sen. Lindsey Graham and Raffensperger, the abrupt resignation of the U.S. attorney in Atlanta on Jan. 4, 2021, and comments made during December 2020 Georgia legislative committee hearings on the election.
In a statement last week, Trump called his call to Raffensperger “perfect” and said he did not say anything wrong. Graham has also denied any wrongdoing.
Special grand juries, which are not used often in Georgia, can help in the investigation of complex matters. They do not have the power to return an indictment but can make recommendations to prosecutors on criminal prosecutions.
Willis wrote in her letter that the special grand jury is needed because it can serve for longer than a normal grand jury term, which is two months in Fulton County. It also would be able to focus on this investigation alone, allowing it to focus on the complex facts and circumstances. And having a special grand jury would mean the regular seated grand jury would not have to deal with this investigation in addition to their regular duties, Willis wrote.
Willis' investigation became public last February when she sent letters to top elected officials in Georgia instructing them to preserve any records related to the general election, particularly any evidence of attempts to influence election officials. The probe includes “potential violations of Georgia law prohibiting the solicitation of election fraud, the making of false statements to state and local government bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration,” the letters said.'
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Post by James T. Kirk on Jan 26, 2022 16:10:50 GMT -6
As much as I think Tramp deserves to be indicted, I think this is a waste of time and money. But, if it make Tramp's life even a tiny bit uncomfortable, I'm good with it. It's Georgia tax dollars, not mine.
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