ATLANTA (AP) – A Georgia judge on Monday ordered the partial release this week of a special grand jury report into the efforts of former President Donald Trump and his allies to overturn his 2020 election defeat.
The introduction and conclusion of the report, as well as the section where grand jurors expressed concern that some witnesses may have lied under oath, will be released Thursday, Fulton County Superior Court Judge Robert McBurney said.
Any recommendations about who should or should not be charged will remain confidential to protect due process rights, McBurney wrote.
McBurney’s order came three weeks after he heard arguments from prosecutors, who asked that the report be kept confidential pending a decision on charges, and a coalition of media organizations, who called for his release.
The release is an important development in a case that threatens legal danger for the former president as he launches his 2024 White House campaign. The special jury spent about seven months hearing testimony from witnesses including high-profile Trump allies, such as lawyer Rudy Giuliani and Senator Lindsey Graham of South Carolina. , and high-ranking Georgia officials, such as Secretary of State Brad Raffensperger and Gov. Brian Kemp.
McBurney wrote that the report included recommendations for Fulton County District Attorney Fani Willis, including “a list of who should (or should not) be charged, and for what, in connection with the conduct (and consequences) of the 2020 general election in Georgia.” A special grand jury has no power to issue an indictment, and it will ultimately be up to Willis to decide whether to seek an indictment from a regular grand jury.
The special grand jury’s final report was requested by Willis and was intended to inform the investigative decision-making process, McBurney wrote, adding that the panel’s investigation was controlled by the district attorney and his team and was a “one-sided exploration.”
There is “extremely limited due process” for people recommended by grand juries, McBurney wrote. Some may not have the opportunity to appear before the panel, and those who do appear may not have the right to represent a lawyer or present an argument.
Because of that, the judge concluded, it would not be appropriate to release the full report at this time.
It’s unclear if or when Willis will present the case to a regular grand jury with the intent of seeking one or more indictments. At the Jan. 24 hearing, he said the decision was “imminent” but did not elaborate.
At the hearing, Willis had argued against the report being rushed, saying it could infringe on the rights of potential defendants and negatively impact the ability to prosecute those who may be charged with crimes.
“We want to make sure that everyone is treated fairly and we think that the defendants will be treated fairly, it’s not appropriate at this time that this report is released,” Willis said during the hearing.
A group of news organizations, including The Associated Press, objected to releasing the report in full, saying public interest in the report was “tremendous.”
“The discomfort of the prosecuting authorities in disclosing court records is not enough to make them close,” said lawyer Tom Clyde, representing the media. “It has to be substantial and identifiable evidence that will cause problems.”