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    Atlanta Prosecutors Drop Effort to Remove Defense Lawyer in Trump Inquiry

    The NewsGeorgia prosecutors investigating whether former President Donald J. Trump and his allies violated state law as they sought to overturn his 2020 election loss there are no longer seeking to disqualify a lawyer representing a group of Republicans who cast bogus Electoral College votes for Mr. Trump.The change of course from the Fulton County district attorney, Fani T. Willis, was explained in a court filing on Wednesday. At issue was the status of Kimberly B. Debrow, a lawyer from the Atlanta area who until recently represented 10 of the 16 Republicans who cast fake electoral votes for Mr. Trump in December 2020. She now represents eight of them.In explaining why they no longer wanted Ms. Debrow disqualified, prosecutors wrote that they had originally been worried about her representing clients with “differing levels of criminal exposure and differing status as to offers of immunity.”But now, they said, “those potential defendants who have not been offered immunity have hired new, conflict-free counsel and have eliminated the conflict causing the state’s concern.”Former President Donald J. Trump spoke at a rally in Manchester, N.H., last month.Sophie Park for The New York TimesWhy It Matters: Prosecutors have been working to turn potential defendants into cooperating witnesses.The Georgia investigation could potentially result in another state-level criminal indictment of Mr. Trump, following his indictment in New York in early April. Wednesday’s filing is the latest twist in a spat between prosecutors and defense lawyers, stemming from efforts to turn potential defendants into cooperating witnesses.Those efforts have contributed to a delay in charging decisions in the Georgia matter. Ms. Willis indicated late last month that any indictments, initially anticipated in May, would not come until mid-July at the earliest.Last month, Ms. Willis sought to have Ms. Debrow removed from the case, claiming that Ms. Debrow and her co-counsel at the time, Holly Pierson, had not informed some of their clients of immunity offers that prosecutors had made in exchange for their cooperation.Ms. Willis also said at the time that Ms. Debrow was representing people who were making accusations against another one of her clients, amounting to an untenable conflict.But in a motion filed last week, Ms. Debrow pushed back hard against both claims, calling them “reckless, frivolous, offensive and completely without merit.” And she revealed that her eight clients had been offered immunity deals and that all of them had accepted.In a statement on Wednesday, Ms. Debrow suggested that Ms. Willis had engaged in inappropriate conduct by making unfounded assertions about her and Ms. Pierson last month, and that she should be penalized for it.“The time for the D.A. to get the facts straight was before publicly filing her motion,” she said. “Because she did not, the D.A. should not be able to avoid sanctions by dismissing her baseless motion.”BackgroundThe issue of the pro-Trump electors is one of numerous narrative threads that prosecutors in Georgia are investigating, including calls that Mr. Trump made to state officials including Georgia’s secretary of state, Brad Raffensperger, urging him to “find” enough votes to overturn the results of the election there.A total of 16 electors cast votes for Mr. Trump in Georgia. Some of them have retained their own lawyers. Prosecutors had previously identified all of the electors as targets who could face criminal charges. But three of them have been considered particularly vulnerable to indictment by those with knowledge of the investigation.Two of the three were previously identified as clients of Ms. Debrow’s: Shawn Still, a Georgia state senator, and Cathy Latham, a Republican Party leader in rural Coffee County, Ga.The third, David Shafer, is the chair of the Georgia Republican Party. He was, for a time, Ms. Debrow and Ms. Pierson’s client, but is now represented by Ms. Pierson and another lawyer.Both Ms. Pierson and Ms. Debrow have been paid by the state Republican Party.A special grand jury that heard evidence in the investigation for roughly seven months recommended more than a dozen people for indictments, and its forewoman strongly hinted in an interview with The New York Times in February that Mr. Trump was among them.Pro-Trump electors have said that they were within their rights to cast electoral votes for Mr. Trump, arguing that they were seeking to preserve his options in case a lawsuit challenging the election results succeeded. (It did not.)What’s Next: The district attorney will respond to a motion seeking to remove her from the investigation.Mr. Trump’s lawyers filed a motion in March seeking to quash the special grand jury’s final report, most of which remains sealed, and to have Ms. Willis removed from the investigation. A judge has given Ms. Willis until Monday to respond. More

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    Georgia’s Hot Mess Is Headed Your Way

    Here’s a head scratcher for you: What happens when the leadership of a political party becomes so extreme, so out of touch with its voters, that it alienates many of its own activists and elected officials? And what happens when some of those officials set up a parallel infrastructure that lets them circumvent the party for campaign essentials such as fund-raising and voter turnout? At what point does this party become mostly a bastion of wingnuts, spiraling into chaos and irrelevance?No need to waste time guessing. Just cast your eyes upon Georgia, one of the nation’s electoral battlegrounds, where the state Republican Party has gone so far down the MAGA rabbit hole that many of its officeholders — including Gov. Brian Kemp, who romped to re-election last year despite being targeted for removal by Donald Trump — are steering clear of it as if it’s their gassy grandpa at Sunday supper.Republicans elsewhere should keep watch. Democrats too. What’s happening in Georgia is a cautionary tale for pluralism, an example of how the soul of a party can become warped and wrecked when its leadership veers toward narrow extremism. And while every state’s political dynamics are unique, a variation of the Peach State drama could be headed your way soon — if it hasn’t begun already.The backstory: Some Republican incumbents took offense last year when the Georgia G.O.P.’s Trump-smitten chairman, David Shafer, backed Trump-preferred challengers in the primaries. (Mr. Trump, you will recall, was desperate to unseat several Republicans after they declined to help him steal the 2020 election.) Those challengers went down hard, and Mr. Kemp in particular emerged as a superhero to non-Trumpist Republicans. Even so, scars remain. “That’s a burn that’s hard to get over,” says Brian Robinson, a Republican strategist who served as an adviser to former Gov. Nathan Deal.The clash also made clear that Republican candidates, or at least popular incumbents, don’t much need the party apparatus anymore. This is part of a broader trend: The clout of parties has long been on the slide because of changes in how campaigns are funded. That got turbocharged in Georgia in 2021, when its legislature, the General Assembly, passed a Kemp-backed bill allowing certain top officials (and their general-election challengers) to form leadership PACs, which can coordinate with candidates’ campaigns and accept megadonations free from pesky dollar limits.The PAC Mr. Kemp set up, the Georgians First Leadership Committee, raked in gobs of cash and built a formidable voter data and turnout machine. The governor plans to use it to aid fellow Republicans, establishing himself as a power center independent of the state party.As big-money conduits, leadership PACs can bring plenty of their own problems. But whatever their larger implications, in the current mess that is Georgia Republican politics, they also mean that elected leaders “don’t have to play nice in the sandbox with a group that is sometimes at odds with them,” says Mr. Robinson.The governor says he will skip the state party’s convention in June, as will the state’s attorney general, its insurance commissioner and its secretary of state. At a February luncheon for his Georgians First PAC, Mr. Kemp basically told big donors not to waste their money on the party, saying that the midterms showed “we can no longer rely on the traditional party infrastructure to win in the future,” the Atlanta Journal-Constitution reported.New party leadership is on the way. Mr. Shafer is not seeking another term. (Fun fact: He is under investigation for his role in the pro-Trump fake-elector scheme of 2020.) Party delegates will elect his successor at the upcoming state convention. But the problems run deeper. Republican critics say that the party culture has become steeped in the paranoid politics of MAGA and election denial. And in the current environment, “everyone must pledge their undying loyalty to Donald Trump above all else,” says Jay Morgan, who was an executive director of the state party in the 1980s and now runs a public affairs firm in Atlanta.Mr. Shafer defends his tenure, noting in particular that, since he took over in 2019, the party has gone from being mired in debt to having “over $1 million in the bank.”To be fair, the Georgia G.O.P. has a rich history of rocky relations with its governors. But the Trump era, which brought a wave of new grassroots activists and outsiders into party meetings, put the situation “on steroids,” says Martha Zoller, a Republican consultant and talk radio host.“Right now, it’s largely a place disconnected from reality,” adds Cole Muzio, a Kemp ally and the president of Frontline Policy Action, a conservative advocacy group.That seems unlikely to change any time soon, as some of the party’s more extreme elements gain influence. In recent months, leadership elections at the county and district levels have seen wins by candidates favored by the Georgia Republican Assembly, a coterie of ultraconservatives, plenty of whom are still harboring deep suspicions about the voting system.One of the more colorful winners was Kandiss Taylor, the new chairwoman of the First Congressional District. A keen peddler of conspiracy nuttiness, Ms. Taylor ran for governor last year, proclaiming herself “the ONLY candidate bold enough to stand up to the Luciferian Cabal.” After winning just slightly more than 3 percent of the primary vote, she declared that the election results could not be trusted and refused to concede — an antidemocratic move straight from the Trump playbook. As a chairwoman, she is promising “big things” for her district. So southeast Georgia has that to look forward to.Why should anyone care about the state of the Georgia G.O.P.? Well, what is happening in Georgia is unlikely to stay in Georgia — and has repercussions that go beyond the health and functionality of the Republican Party writ large. After election deniers failed to gain control of statewide offices across the nation in 2022, many of them refocused their efforts farther down the food chain. In February, The Associated Press detailed the push by some of these folks to become state party chairmen, who are typically chosen by die-hard activists. In Michigan, for instance, the state G.O.P. elevated the Trumpist conspiracy lover and failed secretary of state candidate Kristina Karamo to be its chairwoman.MAGA zealots don’t simply present ideological concerns, though their politics do tend toward the fringes. Too many embraced the stop-the-steal fiction that the electoral system has been compromised by nefarious Democrats and must be “saved” by any means necessary. Letting them oversee any aspect of the electoral process seems like a poor idea.If this development persists, Republicans more interested in the party’s future than in relitigating its past might want to look at how Kemp & Company have been trying to address their intraparty problems — and what more could and should be done to insulate not only the party’s less-extreme candidates, but also the democratic system, from these fringe forces. There are risks that come with ticking off election deniers and other Trumpian dead-enders. But the greater risk to the overall party, and the nation, would be declining to do so.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Testimony Suggests Trump Was at Meeting About Accessing Voting Software in 2020

    In a letter to federal officials, a liberal-leaning group highlighted testimony to the House Jan. 6 committee that described then-President Trump attending a meeting about the plan in December 2020.ATLANTA — Former President Donald J. Trump took part in a discussion about plans to access voting system software in Michigan and Georgia as part of the effort to challenge his 2020 election loss, according to testimony from former Trump advisers. The testimony, delivered to the House Jan. 6 committee, was highlighted on Friday in a letter to federal officials from a liberal-leaning legal advocacy group.Allies of Mr. Trump ultimately succeeded in copying the elections software in those two states, and the breach of voting data in Georgia is being examined by prosecutors as part of a broader criminal investigation into whether Mr. Trump and his allies interfered in the presidential election there. The former president’s participation in the discussion of the Georgia plan could increase his risk of possible legal exposure there.A number of Trump aides and allies have recounted a lengthy and acrimonious meeting in the Oval Office on Dec. 18, 2020, which one member of the House Jan. 6 committee would later call “the craziest meeting of the Trump presidency.” During the meeting, then-President Trump presided as his advisers argued about whether they should seek to have federal agents seize voting machines to analyze them for fraud.Testimony to the Jan. 6 committee from one aide who attended the meeting, Derek Lyons, a former White House staff secretary and counselor, was highlighted on Friday in a letter to the Justice Department and the Federal Bureau of Investigation from Free Speech for People, a liberal nonprofit legal advocacy group. Mr. Lyons recounted that during the meeting, Rudolph W. Giuliani, then Mr. Trump’s personal attorney, opposed seizing voting machines and spoke of how the Trump campaign was instead “going to be able to secure access to voting machines in Georgia through means other than seizure,” and that the access would be “voluntary.”Other attendees offered similar testimony to the committee, which released its final report on the Jan. 6 attack on the U.S. Capitol in late December. Among those involved in the Oval Office discussion were two prominent pro-Trump conspiracy theorists: Michael Flynn, the former national security adviser, and Sidney Powell, a lawyer who spread numerous falsehoods after the 2020 election and who also discussed Mr. Giuliani’s comments in her testimony.Fani T. Willis, the district attorney in Fulton County, Ga., is trying to clarify Mr. Trump’s role in a number of efforts to overturn his November 2020 election loss in Georgia — including the plan to gain access to voting machine data and software — and determine whether to recommend indictments for Mr. Trump or any of his allies for violating state laws.A spokesman for Ms. Willis’s office declined to comment Friday on Mr. Lyons’s testimony. Marissa Goldberg, an Atlanta-area lawyer representing Mr. Trump in Georgia, did not respond to a request for comment.In its letter, Free Speech for People argued that the testimony and other details that have been made public prove that Mr. Trump “was, at a minimum, aware” of an “unlawful, multistate plot” to access and copy voting system software. The group urged the Justice Department and the F.B.I. to conduct “a vigorous and swift investigation.”On Jan. 7, 2021, a small group working on behalf of Mr. Trump traveled to rural Coffee County, Ga., some 200 miles southeast of Atlanta, and gained access to sensitive election data; subsequent visits by pro-Trump figures were captured on video surveillance cameras.The group’s first visit to Coffee County occurred on the same day that Congress certified President Biden’s victory; the certification had been delayed by the storming of the Capitol by a pro-Trump mob. The visitors to Coffee County apparently saw it as an ideal place to gather intelligence on what they viewed as voting irregularities: At one point, video footage shows the then-chair of the Coffee County Republican Party, Cathy Latham, appearing to welcome into the building the members of a forensics company hired by Ms. Powell.Ms. Latham was also one of the 16 pro-Trump fake electors whom Georgia Republicans had assembled in an effort to reverse the election results there.Text messages from that period indicate that some Trump allies seeking evidence of election fraud had considered other uses for the Coffee County election data and their analyses of it. One cybersecurity consultant aiding in the effort even raised the possibility, in a text message to other Trump allies in mid-January 2021, of using a report on Coffee County election data “to try to decertify” a highly consequential United States Senate runoff election that Democrats had just won in Georgia. CNN reported on the existence of that text message on Friday.The Trump allies who traveled to Coffee County copied elections software used across the state and uploaded it on the internet, creating the potential for future election manipulation, according to David Cross, a lawyer involved in civil litigation over election security in Georgia filed by the Coalition for Good Governance. The Coffee County data was also used earlier this year in a presentation to conservative activists that included unfounded allegations of electoral fraud, The Los Angeles Times has reported.Some of those involved with the Coffee County effort came to regret it. A law firm hired by SullivanStrickler, the consulting firm hired by Ms. Powell to help gain access to the county’s voting machines, would later release a statement saying that, “With the benefit of hindsight, and knowing everything they know now, they would not take on any further work of this kind.” More

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    Georgia Looms Next After Trump’s Indictment in New York

    Former President Donald J. Trump now faces a very different legal challenge in the culmination of a more than two-year Atlanta investigation into election interference.ATLANTA — The indictment of Donald J. Trump in New York over hush-money payments to a porn star was a global spectacle, with the former president glumly returning to his old stomping grounds in Manhattan as TV networks closely tracked his procession of black SUVs on their way to the courthouse.But strip away the high drama, and the actual charging document in the case was far less grand — 34 felony counts of a fairly narrow and common bookkeeping charge that Alvin L. Bragg, the Manhattan district attorney, described as the “bread and butter” of his office’s white-collar criminal prosecutions.In Georgia, however, there is another criminal investigation of Mr. Trump nearing completion, this one also led by a local prosecutor, Fani T. Willis of Fulton County. While nothing is certain, there are numerous signs that she may go big, with a more kaleidoscopic indictment charging not only Mr. Trump, but perhaps a dozen or more of his allies.Her investigation has targeted a wide range of conduct centered around efforts to subvert the democratic process and overturn Mr. Trump’s 2020 election loss. Nearly 20 people are already known to have been told that they are targets who could face charges, including Rudolph W. Giuliani, Mr. Trump’s former personal lawyer, and David Shafer, the head of the Georgia Republican Party.For Mr. Trump, the possibility of a second and potentially more complex criminal indictment in another state underscores the blizzard of legal challenges he is facing, even as he emerges as the clear front-runner among Republican presidential candidates.For Ms. Willis, the choice to pursue a narrowly focused indictment or more a sprawling one — a classic prosecutor’s dilemma — carries with it potential risks and benefits on both sides. And American history offers few examples in which the stakes are so high.Fani T. Willis, the district attorney for Fulton County, Ga., has said that seeking an indictment under the state’s Racketeer Influenced and Corrupt Organizations, or RICO, statute is an option that she is considering.Audra Melton for The New York Times“Certainly prosecutors would have this conversation of what’s in the best interest of justice and what is strategically preferable for a case,” said Barbara McQuade, a law professor at the University of Michigan and former federal prosecutor. A narrow case can be easier for jurors to understand. But it is also possible to go “too narrow,” Ms. McQuade said, denying a jury the ability to see the entire scope of a defendant’s criminal behavior.If, on the other hand, a wide-ranging scheme is charged, “you allow them to see the full scope of criminal conduct,” she said. But going big could cause jurors to become lost amid a profusion of evidence, with a long trial increasing the possibility of a mistrial.In Georgia, the investigation is focused on myriad efforts to overturn Mr. Trump’s narrow loss in Georgia after his 2020 election defeat, including his January 2021 phone call to Brad Raffensperger, the Georgia secretary of state, in which he pressed Mr. Raffensperger, a fellow Republican, to recalculate the results and “find” him enough votes to win.Mr. Trump is also under investigation by Jack Smith, a special counsel appointed by Attorney General Merrick B. Garland, for his role in the events leading up to the Jan. 6, 2021, attack on the Capitol and his decisions to retain sensitive government documents at his home in Florida.If Ms. Willis chooses to seek indictments in the Georgia case, she may do so after a new grand jury begins its work in the second week of May, though nothing is set in stone. Typically, presenting such cases to a regular grand jury is a short process that takes a day or two.The wide scope of the investigation has been evident for months, and Ms. Willis has said that seeking an indictment under the state’s Racketeer Influenced and Corrupt Organizations, or RICO, statute is an option that she is considering. Like the similar federal law, the Georgia RICO statute allows prosecutors to bundle what may seem to be unrelated crimes committed by a host of different people if those crimes are perceived to be in support of a common objective.Election workers counted absentee ballots in Atlanta in 2020.Audra Melton for The New York TimesMs. Willis has extensive experience with racketeering cases, including a case she won involving a group of public-school educators accused of altering students’ standardized tests. Her office is currently pursuing racketeering charges against two gangs connected to the hip-hop world, including one led by the Atlanta rapper Jeffery Williams, who performs as Young Thug.“I think jurors are very, very intelligent,” Ms. Willis said at a news conference in August, in which she announced a racketeering case against a third Atlanta-area gang known as Drug Rich. “RICO is a tool that allows a prosecutor’s office or law enforcement to tell the whole story. And so we use it as a tool so that they can have all the information they need to make a wise decision.”After starting the Trump investigation in February 2021, Ms. Willis’s office sought the aid of a special grand jury to gather and consider evidence. In Georgia, such juries do not have indictment powers but can issue subpoenas in long-running investigations. The body was empaneled last spring and completed its work in January after hearing closed-door testimony from 75 witnesses, though its recommendations have remained largely under seal.Emily Kohrs, the forewoman of that special grand jury, strongly hinted in an interview with The New York Times in February that Mr. Trump was among more than a dozen people who had been recommended for indictment. “You’re not going to be shocked,” she said, when asked whether Mr. Trump was named in the report. “It’s not rocket science.”Court records show that the special grand jury sought testimony from witnesses including Mark Meadows, who served as White House chief of staff under Mr. Trump; Senator Lindsey Graham of South Carolina, an ally of the former president; and Trevian Kutti, a former self-described publicist for rapper Kanye West who, according to prosecutors, was involved in a plot to force a Fulton County elections worker to give a false confession of election fraud.Documents also show that prosecutors are following numerous narrative threads in Georgia involving either Mr. Trump or his allies. These include Mr. Trump’s phone calls to Georgia officials, including the one to Mr. Raffensperger; specious statements about election fraud made by Mr. Giuliani and others at state legislative hearings; the convening of pro-Trump electors to the Electoral College at the Georgia State Capitol; Ms. Kutti’s bizarre meeting with the elections worker, Ruby Freeman, two days after Mr. Trump’s phone call to Mr. Raffensperger, in which Mr. Trump falsely accused Ms. Freeman of being a “vote scammer”; and a plot by allies of Mr. Trump involving the copying of sensitive election software in rural Coffee County, Ga.In Georgia, the investigation is focused on efforts to overturn Mr. Trump’s loss in Georgia after his 2020 election defeat, including his January 2021 phone call to Brad Raffensperger, the Georgia secretary of state, in which he pressed Mr. Raffensperger to “find” him enough votes to win.Audra Melton for The New York TimesThe battle lines have already been drawn. Mr. Trump has steadfastly maintained his innocence and used inflammatory language to assail the prosecutors in both Georgia and New York. And last month, his legal team in Georgia filed a 52-page motion, with more than 400 additional pages of exhibits, challenging a case that has yet to be filed. Legal experts saw it as a sign of what’s to come.“That’s indicative of the type of motions you’ll see if there’s an indictment,” said Melissa D. Redmon, a law professor at the University of Georgia who has been a prosecutor in Fulton and Clayton Counties. “Every single step is going to be challenged from the beginning.”In New York, Mr. Bragg said he, too, was focusing on crimes that thwarted the democratic process, though these were from the 2016 campaign. In a statement, he said that Mr. Trump had “repeatedly and fraudulently falsified New York business records to conceal crimes that hid damaging information from the voting public during the 2016 presidential election.” He is accused of covering up a potential sex scandal involving the porn star Stormy Daniels.Mr. Trump more than once has compared his legal tribulations to those of the notorious Chicago mob boss Al Capone. He said on social media, as recently as February, that he had more lawyers working for him than Capone, who was famously found guilty in 1931 and sentenced to 11 years in prison for tax evasion — hardly the most lurid or troubling of his many misdeeds.Mr. Bragg’s decision in New York opened him up to intense criticism from Republicans, who have called the charges flimsy and politically motivated, and the alleged offenses insufficient to merit the nation’s first indictment of a former president. Even some Democrats note that the New York charges seem pedestrian compared with the allegations looming against Mr. Trump elsewhere.“Is it as problematic as Jan. 6 or what happened at Mar-a-Lago? No,” David Pepper, the former chairman of the Ohio Democratic Party, said recently, referring to federal investigations into Mr. Trump’s efforts to overturn the 2020 election and his handling of classified documents. “But that doesn’t mean you don’t investigate it.”If Ms. Willis brings a sprawling RICO case, it could present its own problems, said Michael J. Moore, a former U.S. attorney for the Middle District of Georgia. Asking a jury to consider multiple acts that do not tie directly back to Mr. Trump might make it more difficult “to point the finger at him with the strength that you might have been able to in a simpler case,” he said.Mr. Moore also wondered how far a trial involving Mr. Trump would stretch into the coming presidential election season. He noted that the jury selection process in the multi-defendant racketeering case involving Young Thug had been going on for roughly four months, and that the judge in the case had estimated the trial could take up to nine months.“We’re just going to have to face the reality that we’re going to have to deal with that,” he said. More

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    Little-Known Lawyer, a Trump Ally, Draws Scrutiny in Georgia

    A special grand jury looking into election meddling interviewed Robert Cheeley, a sign that false claims made by Donald J. Trump’s allies loom large in the case.ATLANTA — At a Georgia State Senate hearing a few weeks after President Donald J. Trump lost his bid for re-election, Rudolph W. Giuliani began making outlandish claims. “There are 10 ways to demonstrate that this election was stolen, that the votes were phony, that there were a lot of them — dead people, felons, phony ballots,” he told the assembled legislators.After Mr. Giuliani’s testimony, a like-minded Georgia lawyer named Robert Cheeley presented video clips of election workers handling ballots at the State Farm Arena in downtown Atlanta. Mr. Cheeley spent 15 minutes laying out specious assertions that the workers were double- and triple-counting votes, saying their actions “should shock the conscience of every red blooded Georgian” and likening what he said had happened to the 1941 attack on Pearl Harbor.His comments mostly flew under the radar at the time, overshadowed by the election fraud claims made by Mr. Giuliani, who was then Mr. Trump’s personal lawyer, and by other higher-profile figures. But Mr. Cheeley’s testimony did not end up in the dustbin. He was among the witnesses questioned last year by a special grand jury in Atlanta that investigated election interference by Mr. Trump and his allies, the grand jury’s forewoman, Emily Kohrs, said in an interview last month.Robert Cheeley reads through Georgia law during a hearing at the Henry County Courthouse in McDonough, Ga., in 2021.Alyssa Pointer/Atlanta Journal-Constitution, via Associated PressThe fact that Mr. Cheeley was called to appear before the special grand jury adds to the evidence that although the Atlanta investigation has focused on Mr. Trump’s biggest areas of legal exposure — the calls he made to pressure local officials and his involvement in a scheme to draft bogus presidential electors — the false claims made by his allies at legislative hearings have also been of significant interest. Mr. Giuliani has been told that he is among the targets who could face charges in the investigation.“He did testify before us,” Ms. Kohrs said of Mr. Cheeley in the interview.His appearance left such an impression that Ms. Kohrs began reciting from memory the beginning of Mr. Cheeley’s remarks at the State Senate hearing. Asked if his testimony to the special grand jury had been credible, she said, “I’m going to tell you that Mr. Cheeley was not one that I’m going to forget.”Mr. Cheeley did not return calls for comment for this article, and he was not present when a reporter visited his office on Wednesday in the Atlanta suburb of Alpharetta. The fact that he testified before the special grand jury was not previously known.Understand Georgia’s Investigation of Election InterferenceCard 1 of 5A legal threat to Trump. More

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    Who Is Fani Willis, the Prosecutor at the Center of the Trump Investigation?

    ATLANTA — Fani T. Willis strode up to a podium in a red dress last year in downtown Atlanta, flanked by an array of dark suits and stone-faced officers in uniform. Her voice rang out loud and clear, with a hint of swagger.“If you thought Fulton was a good county to bring your crime to, to bring your violence to, you are wrong,” she said, facing a bank of news cameras. “And you are going to suffer consequences.”Ms Willis is the first Black woman to lead Georgia’s largest district attorney’s office. In her 19 years as a prosecutor, she has led more than 100 jury trials and handled hundreds of murder cases. Since she became chief prosecutor, her office’s conviction rate has stood at close to 90 percent, according to a spokesperson.Her experience is the source of her confidence, which appears unshaken by the scrutiny — and criticism — brought by the investigation into former President Donald J. Trump and his allies who tried to overturn his narrow 2020 election loss in Georgia.Ms. Willis tends to speak as if the world were her jury box. Sometimes she is colloquial and warm. In an interview, she noted, as an aside, how much she loved Valentine’s Day: “Put that in there, in case I get a new boo,” she said.But she can also throw sharp elbows: In a heated email exchange in July over the terms of a grand jury appearance by Gov. Brian Kemp, Ms. Willis called the governor’s lawyer, Brian McEvoy, “wrong and confused,” and “rude,” among other things.“You have taken my kindness as weakness,” she wrote, adding: “Despite your disdain this investigation continues and will not be derailed by anyone’s antics.”As a child, Ms. Willis split time between her divorced parents. Her father was a former Black Panther and criminal defense lawyer who practiced in the Washington, D.C., area. He brought her to the courthouse often and put her to work as his file clerk starting in elementary school. A career in law, she said, was never in doubt. More

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    Fani Willis Took On Atlanta’s Gangs. Now She May Be Coming For Trump.

    Listen to This ArticleAudio Recording by AudmTo hear more audio stories from publications like The New York Times, download Audm for iPhone or Android.Late on the first Sunday of 2021, news broke of President Donald J. Trump’s call with Secretary of State Brad Raffensperger of Georgia, asking him to “find 11,780 votes” to help contest the 2020 election. The next morning — Monday, Jan. 4 — was Fani Willis’s first day in the office as the district attorney for Fulton County, which encompasses most of Atlanta, as well as suburbs like Sandy Springs, East Point and Alpharetta. “Not the second day,” she told me when I met with her in November. “My very first day in this office — in that conference room, it’s all over the TV.” She found herself hoping that the secretary of state might have been “in another county when it happened,” she said, laughing darkly. He was not. And so, Willis said, “I’m stuck with it.”Outside Atlanta, Willis is now best known for this singular potential criminal target. Trump’s efforts to interfere in the outcome of the election in Georgia, in both phone calls to local officials and, potentially, as part of a scheme to organize alternate electors, have been under investigation by Willis’s office since February 2021. The Trump lawyer Rudolph Giuliani and the former White House counsel Pat Cipollone have testified before a special grand jury; so have former Senator Kelly Loeffler of Georgia, Senator Lindsey Graham of South Carolina and Raffensperger himself. In January, the special grand jury completed its investigatory work, submitting a report to Willis’s office and to a Superior Court judge, based on which Willis may or may not send evidence to a regular grand jury to seek criminal charges against Trump or his allies. If she does, there is every indication that she might bring one of her favorite prosecutorial tools to bear: racketeering charges, as laid out in the federal RICO (Racketeer Influenced and Corrupt Organizations) Act, more famously used to prosecute the Mafia and criminal street gangs.Trump has attacked Willis on his Truth Social platform as a “young, ambitious, Radical Left Democrat ‘Prosecutor’ from Georgia, who is presiding over one of the most Crime Ridden and Corrupt places in the USA.” For a national audience not paying close attention to Atlanta politics, this claim might not sound fantastical. Willis, 51, is a Democrat and the first Black woman to serve as Fulton County district attorney — the first woman, period — and her victory in 2020 came amid a wave of reform-minded progressive prosecutors’ winning seats: George Gascón in Los Angeles, Chesa Boudin in San Francisco, Kim Foxx in Chicago, Larry Krasner in Philadelphia, Alvin Bragg in Manhattan.Willis (center) with her team in 2022 during proceedings to seat a special-purpose grand jury in Fulton County to look into the actions of former President Donald Trump and his supporters.Ben Gray/Associated PressBut it was evident from the outset that Willis would represent something quite different. In July 2021, six months into her tenure, she appeared before the Fulton County Board of Commissioners, which holds bimonthly public meetings in an assembly hall in downtown Atlanta, to request additional personnel. By the time she spoke, the session had already stretched over eight hours, including several public comments questioning the integrity of the 2020 election. She was joined by Fulton County’s Sheriff Patrick Labat, who wore a tactical vest that made him look as if he’d arrived straight from a hostage situation. Willis had dressed more business casual — a black V-neck blouse with bell sleeves, her hair braided and pulled back — but it immediately became clear who would be taking charge.“We have a public-safety crisis going on,” Willis began, coolly scanning her audience. Crime was rising, she said. Because of court backlogs and mismanagement by her predecessor, she argued, more dangerous individuals would end up on the streets unless she could hire more staff. Crime, she warned the commissioners, would be the primary issue in upcoming local elections. “None of your constituents is safe,” she thundered, sounding like a prosecutor facing another jury. “Not yours, Mr. Pitts — Chairman Pitts. Not yours, Commissioner Hall. Not yours, Commissioner Ellis.”Her slides piled up dire statistics: rapes up 86 percent from the previous summer, murders up 25 percent, more than 1,400 unindicted suspects who could soon be bonded out of jail. “So maybe you’re thinking, Well, this ain’t really my issue, not in my district,” she said. “But no! The murders are occurring eve-ry-where.” Photographs of victims flashed on the screen. A woman killed in April in District 1. “This young lady, she was in her 70s. My mama would say that’s young. Her tenant bludgeoned her to death.” A man killed in District 3. “He’s a high exec at U.P.S. After a hard workweek, he went to have a drink. I think that’s his right. He walked up and became a victim to gang violence. He’s dead. I’m the one who talks to his mama. Next slide.” A little girl in District 3. “Her and her mama and auntie shopping at Christmas. Anyone here don’t go to the mall around Christmas? How about dead?” A Tony Award-nominated actor in District 4. “Gets in a verbal dispute, is followed home and shot in the back multiple times. Your district.”And so it went, a virtuoso performance that had Sheriff Labat praising her, before his own remarks, as “the baddest D.A. in the country” and the commissioners offering full-throated, even profane support for her efforts. “[Expletive] the lowest millage rate!” shouted Marvin Arrington Jr., District 5’s commissioner, referring to the local tax burden. “We got to get these people locked up!” That September, the commission voted to appropriate an additional $5 million for Willis’s office.Willis has described a number of her initiatives as D.A. as progressive, including a pretrial diversion program in which individuals accused of certain crimes can avoid being indicted by agreeing to restitution and community service. But her overriding focus has been public safety, and on that front she has been an unapologetic doomsayer, employing rhetoric on violence and gang activity that can leave her sounding, at times, as if she shares Trump’s dim assessment of local crime levels. Gangs, Willis claimed at a news conference last May, “are committing, conservatively, 75 to 80 percent of all the violent crime that we are seeing within our community. And so they have to be rooted out of our community.”To that end, she quickly moved to expand her office’s gang unit. She has also pushed the Atlanta Police Department to seek more gang warrants and personally lobbied for the Safe and Secure Georgia Act, an attempt to make the state’s already-tough gang laws even tougher, imposing mandatory minimum sentences for repeat offenders and increasing the power of the Georgia Bureau of Investigation. Willis suggested the name for the bill, which died in the statehouse; when a reporter from the Atlanta NBC affiliate pointed out during an interview that all 25 of its initial sponsors were Republicans, Willis responded that she was “happy to work with anyone who wants to help me in this fight against gang violence and crime.”The election special grand jury inquiry is far from the only case helmed by Willis to make national news — or to open her up to criticism. In 2014, she was lead prosecutor on an infamous RICO case involving 35 teachers, principals and other educators in the Atlanta public-school system, who were accused of changing students’ answers on standardized tests for financial gain, a prosecution many observers found excessive. And since she took office, her crackdown on gangs has brought her in direct conflict with one of Atlanta’s biggest cultural exports, hip-hop music, in another series of cases that have drawn fire for potential overreach. There was a sweeping 105-count RICO indictment against 12 supposed members of various sets of the Bloods, including the Billboard-charting rapper YFN Lucci; later came gang charges and an indictment under RICO against the acclaimed artist Young Thug and 27 supposed associates (including another wildly popular rapper, Gunna), with members of the group accused of involvement in murder, armed robbery, drug dealing and witness intimidation. At a news conference in August, Willis announced the indictment of 26 supposed members of the Drug Rich gang, who were accused of attempted murder, armed robbery and a series of home invasions and burglaries targeting celebrities including Mariah Carey and the N.F.L. wide receiver Calvin Ridley. “We have a message,” she told the assembled reporters: “Get out of this county or expect to start seeing sentences that go life-plus, because I am not going to negotiate with gang members.”‘We’re just going to do that case like every other. I don’t know why it’s shocking to people. If it turns out that charges are legitimate, we’re going to bring them.’When I visited her office late last year, Willis sat behind a large desk and indicated that I should take a seat on a couch about 10 feet away. Jeff DiSantis, her media-relations chief, sat in a corner, wearing cowboy boots and rarely glancing up from his laptop. Gov. Brian Kemp had just testified before the special grand jury that morning; if not for the rain, he might have walked over from his office in the Capitol building, only blocks away. Everyone I spoke with in Willis’s office referred to her as Madam D.A., and she faced me with her arms crossed and an apprising formality, the sort of person more used to asking the questions than answering them.This steely reputation has cheered those who dream of seeing the Teflon ex-president in criminal peril. Willis has declined to discuss that investigation outside of opaque, highly disciplined statements, leaving observers searching for clues. Might she work her way up the chain, as RICO prosecutors often do, to Trump himself? Will a brazen violation of state election law turn out to be his biggest legal vulnerability? Is Willis prepared for a national partisan fight on a scale she has never experienced? “The reality is, we have a job, and the job is just to try to find the truth,” she told me, adopting the deliberate tone of a professional sharing reasonable but otherwise unexciting information. As for Trump: “We’re just going to do that case like every other. I don’t know why it’s shocking to people. If it turns out that charges are legitimate, we’re going to bring them. And if it turns out that charges are not warranted, we’re not going to bring them. We’re just going through the process.”A better way to understand how Willis operates might be to consider how she reached this position in the first place. Willis came to the district attorney’s office by navigating a very particular set of political dynamics, and by doing so at a very specific moment in the history of Atlanta, the birthplace of the Rev. Dr. Martin Luther King Jr. and so-called Black Mecca — a moment marked by debates about crime and policing, along with roiling local protests that shaped perceptions of public order. How the politics surrounding all of these issues will play out remains an open question. But it’s one that Willis, a Black woman who ran with the endorsement of a police union, is positioned to test like few others. “I’m probably not a very good politician,” she told me. “But I’m a very good prosecutor.”Willis was born in Inglewood, Calif., just outside Los Angeles, in 1971. Her father, John C. Floyd III, was a founder of the Black Panther Political Party in Los Angeles, of which Angela Davis was briefly a member. He eventually became a criminal defense attorney, having noticed over the course of many protest arrests that the lawyers who showed up to spring him and his comrades from jail were always white. The family moved to Washington as Willis entered first grade. Her parents split up a few years later, and her mother eventually returned to California. Willis mostly stayed with her father, whose caseload — in 1980s Washington, at the height of the crack epidemic — was “murders and dope boys,” she told me. When she was a teenager, he would issue dire warnings: You can’t go there. My client killed somebody over there. “I tease him sometimes now that it was child abuse, because at 8, I was putting his criminal files together,” Willis said.From around that age, Willis knew she wanted to follow her father’s path. After graduating from Howard University, she moved to Atlanta to attend law school at Emory. Her first job was in the office of a defense lawyer named Alvin Kendall, working alongside another young Atlanta lawyer, the future Mayor Keisha Lance Bottoms. The volume and variety of cases — she arrived at one bond hearing only to recognize her client as the stripper from her bachelorette party — gave her confidence in the courtroom, and she eventually left to start her own practice. Not long after, “Alvin got into some trouble,” as Willis put it; in 1998, Kendall was disbarred and sentenced to prison for five years for conspiring to give a client advance warning of a criminal search. (He was reinstated in 2015.)In 2001, Willis joined the Fulton County district attorney’s office. The D.A. at the time was Paul Howard, who had gone from picking cotton and attending a segregated high school outside Augusta to becoming, according to The Atlanta Journal-Constitution, the first African American district attorney in the entire state of Georgia. Willis describes him as a brilliant man: “I wanted to please him, so I worked really hard here,” she said. In the major-crimes unit, she tried over 100 murder cases, averaging a dozen per year. Eventually she became one of Howard’s chief deputies. “She was the superstar,” Antonio Lewis, an Atlanta City Council member, told me. “If you play basketball, LeBron James is better than everybody else, right? I’m telling you, people that worked with her in the office say: ‘Oh, that’s LeBron James. She’s better than us.’”Willis’s first encounter with national headlines came in 2014, with what became known as the Atlanta Public Schools cheating scandal. Most of the educators involved took plea deals, but prosecutors tried the final dozen on RICO conspiracy charges, winning racketeering convictions against 11. Critics found the prosecution excessive: the use of RICO, the eight-month trial, the prison sentences for some defendants. Questions were also raised about the decision to prosecute ordinary teachers for falsifying scores, rather than address systemic pressures or an overreliance on standardized tests. Willis remains unapologetic about the convictions. The prosecution “is not popular, meaning we don’t want to talk about it, but it absolutely needed to be done,” she says. “The reality is, if what they say in my obituary about me is ‘she stood up for Black children,’ then I’ll live with that.”Fani Willis speaking during a 2013 Fulton County Superior Court hearing related to the so-called Atlanta Public Schools cheating scandal.David Tulis/Associated PressDespite Republican candidates’ relentless use of crime as a wedge issue in 2022, criminal-justice reform was actually a rare area of bipartisan consensus for much of Willis’s time working under Howard. This was thanks in part to former Gov. Nathan Deal, a Republican elected in 2010 who previously worked as an assistant district attorney and served as a judge. He made his case for cutting the state’s soaring prison population in both fiscal and moral terms; across his eight years as governor, there was bipartisan support for reforms addressing sentencing, juvenile justice and cash bail. Under Deal, according to The Atlanta Journal-Constitution, prison admissions of Black inmates dropped to historic lows, prison spending fell and programs treating nonviolent offenders expanded. Tiffany Roberts, the public-policy director of the Atlanta-based Southern Center for Human Rights, told me that during those years national think tanks began “to look to Georgia for some direction”; the organization found itself working alongside not only liberal activists but also Newt Gingrich and the Koch brothers.Willis’s first run for an elected position came in 2018, around the close of Deal’s second term. By this point a divorced mother of two college-age daughters, Willis left the D.A.’s office and took $50,000 from her retirement fund to enter a race for Fulton County Superior Court judge, making it as far as the runoff election. Judge races in Georgia are nonpartisan, but she knew a number of voters would be Republicans, so she went to talk with a white Republican strategist on the north side of town. “I needed to be able to speak to that population, and I’m their perfect candidate, right?” she told me. “We’re conservative, we’re hard on crime, I’m a life prosecutor. And he told me something that was so hurtful.” She would never win those voters, the strategist said bluntly, because she was Black and female. “Your recording can’t pick up the way my face is, but I was like, ‘He don’t know what he’s talking about,’” Willis said. “That’s not the way people in my county think.” Still, that conversation, and her eventual loss, left her devastated. She remembers praying for guidance and sitting in her living room “feeling very lost.”One figure who was elected that year was Gov. Brian Kemp, who won a second term last November. He has a very different approach to crime than his predecessor, including pledges to build more prisons, increase mandatory minimum sentences for gang recruitment and tighten bail restrictions. In a campaign ad last year, Kemp accused his opponent, Stacey Abrams, of “lining her pockets with cash from defund-the-police extremists.” By the 2020 election, Tiffany Roberts says, it was “almost like a scarlet letter to take on criminal legal reform in Georgia” — a “narrative change” that has “painted anyone interested in changing these systems as a radical.”After her 2018 loss, Willis was appointed chief judge by the mayor of South Fulton, a separate city within Fulton County. She found the work boring — ruling on low-level misdemeanors in Municipal Court — but began making more money than ever before in her private practice. “I’m now representing a few athletes, they keep making babies, I’m doing family-law stuff with them,” she said. (She also represented at least one person connected with figures she would later target in a high-profile gang indictment — YSL Mondo, a Young Thug associate who, in a recent Rolling Stone interview, sounded surprised to see his former advocate prosecuting the group.) Life was good. “And then,” she went on, “Paul starts getting in trouble.”Paul Howard had been district attorney for 23 years. He was preparing to run for a seventh term when claims of misconduct began to surface. A former Fulton County human-resources administrator accused him of sexual harassment in late 2019. In February 2020, his former deputy chief of staff filed a lawsuit accusing Howard of discriminating against her after learning of her pregnancy. Howard denied both allegations, but members of the Atlanta political and legal class could see blood in the water. People began reaching out to Willis, saying she was the only person who could beat Howard and warning about a Republican governor appointing his replacement if the scandals ultimately took him down.She also heard from Mary Norwood, an independent who has run for mayor twice, served as a City Council member and lives in the wealthy, largely white Buckhead neighborhood. In the early 1990s, Norwood started one of the first robocall businesses, and she prides herself on knowing “the power of a short, simple message,” she says. One simple issue she had long been hammering was crime, despite her hailing from one of the lowest-crime districts in Atlanta. By early 2020, she had decided she wanted a new district-attorney candidate. Contrary to the meeting with the Republican strategist from two years earlier, Norwood left her meeting with Willis, a Black Democrat with a strong message on gang violence, a convert. Norwood raised funds for Willis’s campaign — “not real money, but early money,” she says — and urged her mostly Republican donors to choose a Democratic ballot in the primary and “help keep Buckhead safe” by voting in the D.A. race.Willis “absolutely” felt that she would be betraying Howard by running, she told me. But soon after the primary began, another woman came forward to accuse Howard of sexual harassment, and news broke that the Georgia Bureau of Investigation was looking into claims that Howard had improperly funneled city grant money to a nonprofit he was running. (Howard denied criminal wrongdoing, though he paid a fine to the Georgia State Ethics Commission; he declined to comment for this article. Two of the misconduct suits were dismissed, and one remains pending.) Willis came in first in the primary — with, according to Norwood, significant support from her Buckhead community. But a third candidate, another former attorney in the D.A.’s office, was running to the left of both Willis and Howard, preventing her from winning more than 50 percent of the vote. A runoff election was scheduled for that August.The race unfolded in the summer of 2020, amid one of the most volatile environments in recent history. A pandemic raged, a presidential election loomed and national protests erupted — spinning, in Atlanta and other cities, in directions that would deeply complicate people’s feelings about law enforcement and public safety. On the night of June 12, just three days after Willis’s strong showing in the first round of voting, two white police officers arrived at a Wendy’s just south of downtown, where a 27-year-old Black man named Rayshard Brooks had fallen asleep in his car while idling at the drive-through. Brooks admitted to having been drinking, and his encounter with the officers proceeded for 40 minutes in a “cordial and uneventful” fashion, per a report later issued by special prosecutors. Only when an officer attempted to handcuff Brooks did things turn: Brooks wriggled away, grabbed and repeatedly fired an officer’s Taser and tried to flee. When Officer Garrett Rolfe pursued on foot, Brooks turned and tried to fire the Taser again. Rolfe fired three shots, striking Brooks twice in the back and left buttock and killing him.This was less than three weeks after the murder of George Floyd in Minneapolis. In Atlanta, downtown’s Centennial Olympic Park had already become a hub of Floyd protests, which Kim Jackson, an Episcopal priest and activist who had been serving as a protest chaplain since the 2014 demonstrations in Ferguson, Mo., described to me as among the most diverse she had ever witnessed in the city — old, young and “just an extraordinary amount of white people showing up.” The power of such numbers, she said, left her feeling hopeful, as if “maybe something’s going to happen.”New footage of a white officer’s fatally shooting a Black suspect in the back only a few miles away was not the something Jackson had in mind. The day after Brooks’s killing, Rolfe was fired (though he would later be reinstated), Chief of Police Erika Shields resigned and the protests moved to the Wendy’s parking lot.Antonio Lewis, now a City Council member, was running for his seat at the time; he went straight to the Wendy’s site as soon as he heard there was a shooting, unaware that the victim was somebody he grew up with. (“We actually called Rayshard Little Mac,” he told me. “Nobody where I’m from called him Rayshard.”) The mood there was initially positive, according to Jackson, the priest and activist. But when evening came she detected a shift. Families took their children home. New people arrived. Water bottles were thrown. Police officers deployed smoke canisters. That night, people set fire to the Wendy’s.Willis campaigned for the office of district attorney in 2020, amid roiling protests in Atlanta over the killing of Rayshard Brooks by a police officer.Ben Gray/Atlanta Journal-Constitution, via Associated PressWithin days, Howard’s office announced indictments of both police officers involved in the shooting. To Norwood, the city councilwoman from Buckhead, the indictments were motivated by Howard’s poor showing in the first round of voting: “He was looking for, ‘I’m the tough guy, and I’m going to indict the police.’ So that’s why he did it. He did it as a campaign stunt.” Willis said she was “deeply concerned” that her opponent had moved faster than the Georgia Bureau of Investigation and urged “the community and the media to keep in mind the many cases involving police use of force that Mr. Howard has lacked the courage to act upon.” Howard’s action drew stronger denunciations from other quarters: The head of a Georgia police organization said the D.A. had “just successfully set up the city for another riot,” while the Fox News host Tucker Carlson declared that Howard had cravenly decided to “bow immediately to the mob’s demands.”Willis accused Howard of tainting any potential prosecution by using footage of the Brooks shooting in a campaign ad and predicted that he would be arrested because of his financial impropriety before the end of the year. Howard, in a debate, hammered Willis for receiving an endorsement and campaign contributions from a police union and pointed out that, as she had happily spent most of her career working for him, voters might reasonably wonder, “If this guy was so bad, why did you stay with him for 16 years?” (When I asked Willis if she had been aware of any inappropriate behavior by Howard, she said curtly, “I knew there were issues.”)The site of the burned restaurant, which had held both a demonstration and a memorial, morphed into occupied territory. Parked cars and debris obstructed University Avenue in both directions. A block-party vibe continued by day: On June 19, people served barbecue from a smoker and families ate with their children in front of the charred Wendy’s, its freckled mascot smiling down from the still-standing sign. By evening, though, a young Black man marched down the street carrying a long gun, followed by another man in camouflage pants and a black SECURITY T-shirt; moments later, a 24-year-old protester was shot in the leg. The following day, a man was wounded in a drive-by shooting, and George Chidi, an independent journalist, was beaten up by armed vigilantes. Bill Torpy, a columnist at The Atlanta Journal-Constitution, visited the site the next afternoon and was told by men with guns not to make any sudden moves or he would be shot. The barricades had become an armed checkpoint. Torpy witnessed two police cars approach, then drive away. Lewis, the city councilman, contends that some of the armed people were trying, in however misguided a way, to protect the space. “But what happened was they did it totally wrong. The city of Atlanta should have stepped in.”Keisha Lance Bottoms, Atlanta’s mayor and Willis’s former colleague, would later acknowledge in an interview with The Journal-Constitution’s editorial board that she had held off on sending police officers to clear the area at the behest of Joyce Sheperd, the City Council member representing the district, whom Lewis was running to replace. Sheperd wanted more time to negotiate with the demonstrators. But there was also another reason for the lack of police presence: In the days following Howard’s decision to indict, 171 Atlanta police officers out of a force of 2,000 called in sick, in what local news outlets began calling a “blue flu.”On June 23, Brooks’s funeral was held at Ebenezer Baptist Church, where the Rev. Dr. Martin Luther King Jr. once preached; Ebenezer’s pastor, the future Senator Raphael Warnock, presided. The progressive third-place finisher in the district-attorney primary, Christian Wise Smith, would soon publicly endorse Howard, praising his former boss for embracing “the movement of the people for a more progressive and restorative justice system.”On the evening of July 4, a man named Omar Ivery approached a roadblock near University in a Jeep Cherokee owned by his friend Charmaine Turner, who rode in the passenger seat. Her 8-year-old daughter, Secoriea, was in the back. When Ivery tried to drive past the barricade, a group of armed individuals opened fire on the Jeep, striking and killing the child.The Fourth of July was a Saturday. By Monday morning, the police had peacefully cleared the site of barricades, protesters and even the Brooks memorial. At a news conference, Mayor Bottoms noted that “Paul Howard made the decision to charge the officers. Paul Howard did not consult with me. He made that decision, and people can go to the polls and express how they feel about that decision in a few weeks.”Willis had already won the most votes in the first round of the primary, but now momentum was swinging overwhelmingly in her direction. She won the Aug. 11 runoff in a landslide, with over 70 percent of the vote. No Republican was running for D.A. in Fulton County, so winning the primary sealed the general election for Willis. Six months later, she would be opening her investigation of Trump.Shortly after her election, Willis sent a letter to local law-enforcement agencies indicating that her office would be prioritizing gangs. Citing one of her new recruits — Mike Carlson, a Republican who was instrumental in the development of the state’s gang laws and is now executive district attorney for major crimes — the letter asked the police to “bring us cases under the street-gang act so we can prosecute them.” Willis told me that her approach to gangs has been a “completely different one” from her predecessor’s, “just the way I’ve manned it up, meaning put the resources in there.” She added staff and technology and trained the Atlanta Police Department on identifying gang signifiers and writing gang warrants, resulting in what she says is a 300 percent increase in the department’s gang warrants.Willis’s office would employ the Georgia gang statute in August 2021, when a grand jury indicted Julian Conley and Jerrion McKinney for their roles in the death of Secoriea Turner. (Both have pleaded not guilty.) The D.A.’s office claimed that Conley and McKinney were Bloods who had come out to support Brooks, a fellow Blood. Brooks was on probation for domestic violence and theft offenses, but his family has denied any knowledge of gang membership. According to Gerald Griggs, the president of the Georgia chapter of the N.A.A.C.P., the power structure in Atlanta seized on Turner’s killing as an opportunity to change the narrative: “You know, ‘These were gang members out here, they were supporting Rayshard, Rayshard was a gang member, we got to do something about the gangs.’ And from all accounts of the people that I’ve spoken to who knew Rayshard Brooks, there was no indication that he was a gang member.”As for Brooks, Willis requested to have herself recused from the case, and she eventually was. A final report issued by special prosecutors found that the officers reacted in an “objectively reasonable manner” by using deadly force because Brooks “posed an immediate threat of physical violence” — though Brooks was 18 feet away, running in the opposite direction and holding an unloaded Taser. Willis told me it would be inappropriate for her to comment on that decision and would say only that, in her view, Howard’s handling of the indictment had been “unfair to the gentleman who lost his life, and certainly his family, and it was unfair to the police, because they do also have a right to due process.”Sidestepping a politically messy decision on whether or not to prosecute police officers has allowed Willis to keep her focus primarily on gangs. But the size of the net Georgia’s street-gang statute hands prosecutors, and Willis’s frequent use of it, have raised concerns for critics. Carlson describes Georgia’s gang laws as “in many ways the most powerful” in the country because of provisions making earlier criminal activities as a gang member “presumptively admissible” in court. (In most criminal trials, bringing up past actions to demonstrate criminal propensity is forbidden.) Devin Franklin, who joined the Southern Center for Human Rights last March, spent the 12 previous years as a lawyer in the public defenders’ office, where, he told me, he noticed a pattern: Lower-level crimes were elevated because they were supposedly committed by a person affiliated with a gang. An individual crime like gun possession could be enhanced by gang charges on the logic that the offender was lending “credibility” to a larger criminal organization. Or, sometimes, the state would bring a case in which “a neutral body would say the evidence is fairly weak,” Franklin said, but attaching a gang charge allowed prosecutors to shift focus toward the “general violence of the gang,” forcing the accused to defend themselves “against this narrative of, ‘I’m a violent person, because I hang with quote-unquote “thugs.” ’”Willis’s approach to high-profile gang prosecutions offers a window into how she might proceed with a target like Trump. In particular, there is her unsparing deployment of RICO indictments, even as critics question their breadth. Last year’s 56-count indictment of Young Thug’s YSL group, for example — the name signifying both a record label and, per Willis’s office, an associated criminal organization — included charges of murder and armed robbery but also cited social-media posts, minor offenses like dealing marijuana and, in what has drawn the most pushback, song lyrics as examples of furthering the conspiracy. Carlson, who comes from a family of bluegrass musicians, says he is comfortable with citing lyrics in these circumstances: “Lyrics of skinhead and other white-supremacist groups have been used for decades in racketeering and gang-related prosecutions for hate crimes. Is somebody suggesting we should stop that?” At a news conference, Willis defended the practice, quoting lyrics by a Drug Rich member including “we’ll kick in the house” and “if we steal a car, we’re gonna take off the tags.” “I have some legal advice,” she said. “Don’t confess to crimes on rap lyrics if you do not want them used. Or at least get out of my county.”The rapper Young Thug during a virtual appearance before a Fulton County magistrate judge in Atlanta in 2022.Arvin Temkar/Atlanta Journal-Constitution, via Associated PressJury selection for the YSL case began, chaotically, in January. Young Thug was caught apparently accepting a Percocet from one of his co-defendants in the courtroom. Eight of the 28 men named in the indictment, including Gunna, have accepted plea deals; the judge estimates that the trial of the others could last between six and nine months, with Willis’s office already promising as many as 300 possible witnesses. Such a length would approach that of the longest criminal trial in Georgia’s history: the 2014 RICO trial of the educators accused in the standardized-test-cheating scheme, for which Willis served as lead prosecutor.Shani Robinson, one of the convicted teachers, co-wrote a 2019 book about her experience, “None of the Above.” She is not a fan of Willis, to put it mildly; the book describes her as “holding forth like a fire-and-brimstone preacher.” (Also, “having a penchant for dull blazers.”) Robinson’s account of Willis’s opening argument, during which she explained to jurors how RICO worked, gets at the tension between what Willis and her office see as critical tools and what critics consider overreach: “ ‘The act of one conspirator is the act of all,’ she gravely stated. She added that people don’t have to meet in person or agree on anything to be conspirators. ‘But what you do have to do is all be doing the same thing for the same purpose.’”Robinson was a first-grade teacher whose students’ standardized tests were considered practice. They did not count academically or apply toward any district targets, Robinson says, adding that she never received any kind of bonus pay. She has always insisted upon her innocence and refused to take a plea deal, despite the threat of up to 25 years in prison and a RICO prosecution that, she said, placed pressure on defendants to plead guilty and testify against others. When we met at a Starbucks in Atlanta, nine years after the original trial, her case was still making its way through the appeal process.“This is what I’ve come across, especially dealing with the media, especially dealing with the liberal media: Fani is a Black woman, a Democrat, who is going after Trump, and people just want to turn a blind eye,” she told me. “And I’m like, She’s a Black woman who is trying to send other Black women who have children to prison! She asked the judge to give me prison time even though I had a 4-month-old baby at home.” The N.A.A.C.P.’s Griggs, a criminal defense attorney who represented another of the teachers at the original trial, told me he considered the prosecution “a colossal waste of taxpayer money. I don’t think a single child benefited from the trial. I think that teachers who had nothing to do with the actual cheating that happened in Atlanta public schools were punished for things that happened at the top.”Willis remains proud of her work on a trial that was so record-shatteringly long and complicated. She left the D.A.’s office to run for judge in part, she told me, because she found herself thinking, “What case is ever going to be bigger than that?”Now she could be facing a much bigger case: the potential prosecution of a former president. Considering the known facts and Willis’s demonstrated skill at presenting juries with sprawling conspiracy cases, a lengthy RICO trial is a distinct possibility. But it’s an approach she would be choosing in the highest-pressure context imaginable — one that would require both a huge investment of her office’s resources and a political appetite for a good deal of backlash and spectacle.If Willis has ambitions beyond the office of the Fulton County district attorney, she hasn’t spoken publicly about them. From a political standpoint, her only real misstep thus far has been hosting a fund-raiser last summer for Charlie Bailey, a former colleague at the D.A.’s office who was running for lieutenant governor. Bailey’s Republican opponent, Burt Jones, was one of 16 fake Trump electors Willis’s office was investigating, and the fund-raiser drew a sharp rebuke from Judge Robert McBurney of the Fulton County Superior Court — the same judge tasked with deciding whether to make public the special grand jury’s report — who called it a “what are you thinking” moment that created “horrific” optics and disqualified Willis from proceeding with her investigation of Jones.There was a scenario in which a Democrat like Willis, with her tough-as-nails messaging on crime, could have been not entirely unlike Governor Deal before her, better positioned to deliver on some reforms the left wing of the party has been fighting for — especially considering how, over the past year, reformists have experienced backlashes in places like San Francisco and New York. Kim Jackson, the chaplain at the Brooks protests, has since been elected to the State Senate, and she told me she supported Willis with a sense of excitement: A Black woman running on an anti-death-penalty platform seemed about as progressive as she could hope for. But three months into Willis’s tenure, a horrific mass shooting occurred at multiple spas in and around Atlanta, leaving eight dead, mostly Asian women, in what appeared to be a hate crime. Not long after, Willis announced that she would seek the death penalty for the accused shooter. And though Willis campaigned on pretrial diversion in lieu of prison time as one of her major reform issues, a report released by the American Civil Liberties Union on overcrowded and unsafe conditions at the Fulton County Jail cited insufficient use of diversion and a failure to indict arrested individuals in a timely manner as two major factors.Willis told me the report was “a joke” and offered several arguments for why the data was flawed. “We’ve probably got 25 people in Fulton County Jail on a misdemeanor, and they’re there for 48 hours,” she said. “Unfortunately,” she added, “a lot of people with crimes that I think a regular citizen would say, ‘Hey, they need to stay in jail, they burglarized my house’ — that’s not even the kind of people that stay in jail here. People are given bail.”But the morning after we spoke, I sat in the back of a courtroom where the judge was holding a series of preliminary hearings for jail inmates, all Black men, who had been arrested and held since mid-July. One, accused of stealing equipment from a landscaping truck, had been in jail for 112 days; another, accused of smashing storefront windows, had been locked up for 116. It turned out that the initial police report had overestimated the amount of damage, presenting the crime as a felony rather than what it actually was, a misdemeanor.Nearly two years into Willis’s term, “I give her all the positive marks for going after President Trump,” Jackson told me. “I think it’s a courageous move. And I think it’s the right move.” She paused. “Yeah, that’s my praise.” And her criticism? Jackson sighed and said Willis had come to the State Senate to make a presentation about public safety, talking about gangs and other crime. Jackson had studied local crime statistics during the pandemic, however, and found a more complicated picture: murders up, other major crimes down. As Willis spoke, “I’m literally looking at the statistics — like, they’re on my desk right in front of me,” Jackson recounted. “So I just struggled with that,” she said. “I mean, I understand what it is to be a politician. And I understand that we have to respond to public pressure. But I don’t think we have to add fuel to the fire. And there have been times — I’m trying to be very careful here, because I respect her — but there have been times in which I felt like she added fuel to a fire that we could have easily put out.”The N.A.A.C.P.’s Griggs, who has known Willis since he was an undergraduate and working alongside her in the city solicitor’s office, calls her “a great lawyer, a consummate prosecutor,” but continues, “I just think that, you know, sometimes she’s a little too gung ho. And I think that justice is somewhere in the middle.” We met in his law office, and when I brought up Trump, Griggs pulled a book from his shelf and read aloud from Title 21, the state elections law, which bars “criminal solicitation to commit election fraud.” If you played the recording of Trump’s phone conversation to a grand jury and then read the state codes, Griggs told me, “they will indict him.” Griggs said it was interesting to find himself, in this case, on the “other side of the ‘v.’” — meaning, on the side of the prosecution rather than the defense. He didn’t say if this particular prosecutor gave him hope, but he sounded upbeat as he noted that the former president, if indicted, would receive his due process “not on Fox News, not on his Truth Social, but in a Georgia courtroom.”Mark Binelli is a contributing writer for the magazine. He last wrote about the opera director Yuval Sharon, and before that about the tangled legal aftermath of a deadly Waco, Texas, biker brawl. Nydia Blas is an Atlanta-based visual artist who is interested in storytelling through a Black female perspective. She was named one of The British Journal of Photography’s Ones to Watch in 2019. More

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    She Took On Atlanta’s Gangs. Now She May Be Coming For Trump.

    Listen to This ArticleAudio Recording by AudmTo hear more audio stories from publications like The New York Times, download Audm for iPhone or Android.Late on the first Sunday of 2021, news broke of President Donald J. Trump’s call with Secretary of State Brad Raffensperger of Georgia, asking him to “find 11,780 votes” to help contest the 2020 election. The next morning — Monday, Jan. 4 — was Fani Willis’s first day in the office as the district attorney for Fulton County, which encompasses most of Atlanta, as well as suburbs like Sandy Springs, East Point and Alpharetta. “Not the second day,” she told me when I met with her in November. “My very first day in this office — in that conference room, it’s all over the TV.” She found herself hoping that the secretary of state might have been “in another county when it happened,” she said, laughing darkly. He was not. And so, Willis said, “I’m stuck with it.”Outside Atlanta, Willis is now best known for this singular potential criminal target. Trump’s efforts to interfere in the outcome of the election in Georgia, in both phone calls to local officials and, potentially, as part of a scheme to organize alternate electors, have been under investigation by Willis’s office since February 2021. The Trump lawyer Rudolph Giuliani and the former White House counsel Pat Cipollone have testified before a special grand jury; so have former Senator Kelly Loeffler of Georgia, Senator Lindsey Graham of South Carolina and Raffensperger himself. In January, the special grand jury completed its investigatory work, submitting a report to Willis’s office and to a Superior Court judge, based on which Willis may or may not send evidence to a regular grand jury to seek criminal charges against Trump or his allies. If she does, there is every indication that she might bring one of her favorite prosecutorial tools to bear: racketeering charges, as laid out in the federal RICO (Racketeer Influenced and Corrupt Organizations) Act, more famously used to prosecute the Mafia and criminal street gangs.Trump has attacked Willis on his Truth Social platform as a “young, ambitious, Radical Left Democrat ‘Prosecutor’ from Georgia, who is presiding over one of the most Crime Ridden and Corrupt places in the USA.” For a national audience not paying close attention to Atlanta politics, this claim might not sound fantastical. Willis, 51, is a Democrat and the first Black woman to serve as Fulton County district attorney — the first woman, period — and her victory in 2020 came amid a wave of reform-minded progressive prosecutors’ winning seats: George Gascón in Los Angeles, Chesa Boudin in San Francisco, Kim Foxx in Chicago, Larry Krasner in Philadelphia, Alvin Bragg in Manhattan.Willis (center) with her team in 2022 during proceedings to seat a special-purpose grand jury in Fulton County to look into the actions of former President Donald Trump and his supporters.Ben Gray/Associated PressBut it was evident from the outset that Willis would represent something quite different. In July 2021, six months into her tenure, she appeared before the Fulton County Board of Commissioners, which holds bimonthly public meetings in an assembly hall in downtown Atlanta, to request additional personnel. By the time she spoke, the session had already stretched over eight hours, including several public comments questioning the integrity of the 2020 election. She was joined by Fulton County’s Sheriff Patrick Labat, who wore a tactical vest that made him look as if he’d arrived straight from a hostage situation. Willis had dressed more business casual — a black V-neck blouse with bell sleeves, her hair braided and pulled back — but it immediately became clear who would be taking charge.“We have a public-safety crisis going on,” Willis began, coolly scanning her audience. Crime was rising, she said. Because of court backlogs and mismanagement by her predecessor, she argued, more dangerous individuals would end up on the streets unless she could hire more staff. Crime, she warned the commissioners, would be the primary issue in upcoming local elections. “None of your constituents is safe,” she thundered, sounding like a prosecutor facing another jury. “Not yours, Mr. Pitts — Chairman Pitts. Not yours, Commissioner Hall. Not yours, Commissioner Ellis.”Her slides piled up dire statistics: rapes up 86 percent from the previous summer, murders up 25 percent, more than 1,400 unindicted suspects who could soon be bonded out of jail. “So maybe you’re thinking, Well, this ain’t really my issue, not in my district,” she said. “But no! The murders are occurring eve-ry-where.” Photographs of victims flashed on the screen. A woman killed in April in District 1. “This young lady, she was in her 70s. My mama would say that’s young. Her tenant bludgeoned her to death.” A man killed in District 3. “He’s a high exec at U.P.S. After a hard workweek, he went to have a drink. I think that’s his right. He walked up and became a victim to gang violence. He’s dead. I’m the one who talks to his mama. Next slide.” A little girl in District 3. “Her and her mama and auntie shopping at Christmas. Anyone here don’t go to the mall around Christmas? How about dead?” A Tony Award-nominated actor in District 4. “Gets in a verbal dispute, is followed home and shot in the back multiple times. Your district.”And so it went, a virtuoso performance that had Sheriff Labat praising her, before his own remarks, as “the baddest D.A. in the country” and the commissioners offering full-throated, even profane support for her efforts. “[Expletive] the lowest millage rate!” shouted Marvin Arrington Jr., District 5’s commissioner, referring to the local tax burden. “We got to get these people locked up!” That September, the commission voted to appropriate an additional $5 million for Willis’s office.Willis has described a number of her initiatives as D.A. as progressive, including a pretrial diversion program in which individuals accused of certain crimes can avoid being indicted by agreeing to restitution and community service. But her overriding focus has been public safety, and on that front she has been an unapologetic doomsayer, employing rhetoric on violence and gang activity that can leave her sounding, at times, as if she shares Trump’s dim assessment of local crime levels. Gangs, Willis claimed at a news conference last May, “are committing, conservatively, 75 to 80 percent of all the violent crime that we are seeing within our community. And so they have to be rooted out of our community.”To that end, she quickly moved to expand her office’s gang unit. She has also pushed the Atlanta Police Department to seek more gang warrants and personally lobbied for the Safe and Secure Georgia Act, an attempt to make the state’s already-tough gang laws even tougher, imposing mandatory minimum sentences for repeat offenders and increasing the power of the Georgia Bureau of Investigation. Willis suggested the name for the bill, which died in the statehouse; when a reporter from the Atlanta NBC affiliate pointed out during an interview that all 25 of its initial sponsors were Republicans, Willis responded that she was “happy to work with anyone who wants to help me in this fight against gang violence and crime.”The election special grand jury inquiry is far from the only case helmed by Willis to make national news — or to open her up to criticism. In 2014, she was lead prosecutor on an infamous RICO case involving 35 teachers, principals and other educators in the Atlanta public-school system, who were accused of changing students’ answers on standardized tests for financial gain, a prosecution many observers found excessive. And since she took office, her crackdown on gangs has brought her in direct conflict with one of Atlanta’s biggest cultural exports, hip-hop music, in another series of cases that have drawn fire for potential overreach. There was a sweeping 105-count RICO indictment against 12 supposed members of various sets of the Bloods, including the Billboard-charting rapper YFN Lucci; later came gang charges and an indictment under RICO against the acclaimed artist Young Thug and 27 supposed associates (including another wildly popular rapper, Gunna), with members of the group accused of involvement in murder, armed robbery, drug dealing and witness intimidation. At a news conference in August, Willis announced the indictment of 26 supposed members of the Drug Rich gang, who were accused of attempted murder, armed robbery and a series of home invasions and burglaries targeting celebrities including Mariah Carey and the N.F.L. wide receiver Calvin Ridley. “We have a message,” she told the assembled reporters: “Get out of this county or expect to start seeing sentences that go life-plus, because I am not going to negotiate with gang members.”‘We’re just going to do that case like every other. I don’t know why it’s shocking to people. If it turns out that charges are legitimate, we’re going to bring them.’When I visited her office late last year, Willis sat behind a large desk and indicated that I should take a seat on a couch about 10 feet away. Jeff DiSantis, her media-relations chief, sat in a corner, wearing cowboy boots and rarely glancing up from his laptop. Gov. Brian Kemp had just testified before the special grand jury that morning; if not for the rain, he might have walked over from his office in the Capitol building, only blocks away. Everyone I spoke with in Willis’s office referred to her as Madam D.A., and she faced me with her arms crossed and an apprising formality, the sort of person more used to asking the questions than answering them.Understand Georgia’s Investigation of Election InterferenceCard 1 of 5An immediate legal threat to Trump. More