In a motion filed on Monday, the lawyers ask that the Fulton County district attorney’s office be recused from the criminal investigation into election interference in the state in 2020.
ATLANTA — Lawyers for former President Donald J. Trump filed a motion in a Georgia court on Monday seeking to quash the final report of a special grand jury that investigated whether Mr. Trump and some of his allies interfered in the 2020 election results in Georgia. The motion also seeks to “preclude the use of any evidence derived” from the report, and asks that the office of Fani T. Willis, the Fulton County district attorney, be recused from the case.
The move comes as Mr. Trump has started pushing back more broadly against several criminal investigations into his conduct. Over the weekend, Mr. Trump said in a social media post that he would be arrested on Tuesday as part of an investigation by the Manhattan district attorney into a hush money payment he made to to a porn actress, and called on his supporters to protest.
In Georgia, Mr. Trump is seen as having two main areas of legal jeopardy: the calls he made in the weeks after the 2020 election to pressure state officials to overturn the results there, and his direct involvement in efforts to assemble an alternate slate of electors, even after three vote counts affirmed President Biden’s victory in the state. Experts have said that Ms. Willis appears to be building a case that could target multiple defendants with charges of conspiracy to commit election fraud or charges related to racketeering.
Notice of the filing appeared in the official court docket on Monday morning, but the filing itself was not yet public, so the lawyers’ reasoning was not yet clear. Mr. Findling acknowledged that he had filed it on Mr. Trump’s behalf, along with Ms. Little and another lawyer from Mr. Findling’s firm, Marissa Goldberg.
Last month, Mr. Trump’s lawyers in the Georgia case, Drew Findling and Jennifer Little, said that the forewoman of the special grand jury in Fulton County had “poisoned” the inquiry there by granting a number of media interviews in which she discussed details of the jury’s work. Last week, five other jurors discussed aspects of their work in an interview with The Atlanta Journal-Constitution.
The Fulton County special grand jury was sworn in last May and met behind closed doors for months, hearing testimony from 75 witnesses. It did not have the power to issue indictments; rather, it produced a report containing recommendations on whether and whom to indict. Portions of the report were released in January, but key sections remain under seal, including those detailing which people the jury believes should be indicted, and for what crimes.
In interviews late last month with a number of news outlets, the forewoman, Emily Kohrs, did not divulge specific details of the jury’s recommendations, although she told The New York Times that the jury had recommended indictments for more than a dozen people. Asked if Mr. Trump was among them, she said: “You’re not going to be shocked. It’s not rocket science.”
In her round of interviews, Ms. Kohrs, 30, said she was trying to carefully follow rules set out by the judge presiding over the case, Robert C.I. McBurney of Fulton County Superior Court. Judge McBurney has not barred the jurors from talking, though he told them not to discuss their deliberations.
Lawyers for Mr. Trump argued after Ms. Kohrs spoke publicly that in discussing the case, she had divulged a number of matters that they believed constituted “deliberations.” Judge McBurney, however, noted at the time, in an interview with the Atlanta Journal-Constitution, that “deliberations” only covered discussions they had privately in the jury room. Other aspects of their work could be discussed publicly, he said.
Even given this leeway, the six jurors who have spoken with news outlets have played it conservatively, declining to discuss whom they had singled out as meriting indictment.
In some of Ms. Kohrs’s television news interviews, she sometimes used light and playful language, prompting some critics to charge that the grand jury’s deliberations seemed to have lacked the gravity befitting a criminal inquiry into a former president. Ms. Kohrs was even the subject of a “Saturday Night Live” skit.
But some legal experts said they doubted whether Ms. Kohrs’s comments would have much of an impact on the Georgia case. Any criminal indictments would be issued by a regular grand jury.
Mr. Trump announced a new presidential campaign in November, and he is leading his Republican opponents in most polls. But his legal troubles present him with challenges that have few, if any, precedents in American history. No president, sitting or former, has ever been charged with a crime.
Before his public statements this weekend anticipating an imminent indictment in New York, Mr. Trump had sent out numerous fund-raising emails criticizing prosecutors in the various cases against him and portraying him as a victim of partisan forces. “The Left has turned America into the ‘Investigation Capital of the World,’ as our country’s enemies brilliantly plot their next move to destroy our nation,” he stated in one such email on March 13.
The New York investigation is being led by Manhattan’s district attorney, Alvin L. Bragg. Prosecutors working in Mr. Bragg’s office have indeed signaled that an indictment of Mr. Trump could be imminent. Mr. Trump’s declaration that he would be arrested on Tuesday appears to involve guesswork on his part, however; after his post on his Truth Social website, a spokesperson issued a statement saying that Mr. Trump did not have direct knowledge of the timing of any arrest.
Source: Elections - nytimes.com