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    Trump’s Conspirators Are Facing the Music, Finally

    We’ve reached a turning point in the effort to ensure there are consequences for those who deliberately attempt to undermine our democracy: Michigan’s attorney general, Dana Nessel, charged 16 Republican leaders in her state on Tuesday for their role as fake electors working to overturn the results of the 2020 election. The charges, coming on the heels of news that the special counsel Jack Smith has informed Donald Trump that he’s a target of the Department of Justice’s investigation into the Capitol riot, mean we are witnessing a new and necessary phase in this quest for accountability, one in which the federal and state wheels of justice work to hold people accountable not only for the violence on Jan. 6, but also for what got us there: the alleged scheme to interfere with the transfer of power.The charges in Michigan will surely meet criticism on all sides. Some will say the case is not broad or bold enough, that Mr. Trump and the other alleged national ringleaders should have been charged as well. Others will say Ms. Nessel cast too wide a net, pulling in low-level party functionaries who did not know better. We think those critiques are misconceived. Ms. Nessel got it just right, prosecuting crimes firmly within her jurisdiction, while opening the way for federal authorities to net even bigger fish.Ms. Nessel brought the same eight counts against all 16 defendants. The offenses include conspiracy to commit forgery, since the defendants are accused of signing documents stating they were the qualified electors (they were not), and publishing forged documents by circulating these materials to federal and state authorities. On paper, the penalties for the offenses range from five to 14 years, but sentencing in this case would presumably be lower than that maximum.Until now there have been no charges centered on the fake electors plot. For that reason alone, Michigan’s action brings a sense of needed accountability for those who fanned the rioters’ passions leading up to Jan. 6 by spinning a false narrative about a stolen election.Michigan saw some of the most outrageous fake electoral certificates to emerge during the period leading up to the Capitol riot. Unlike the fake certificates in Pennsylvania and New Mexico, the Michigan documents did not include a disclaimer that they were to be used only in the case of litigation. What’s more, the documents contained more outright false statements than simply declaring that the signers were the lawful electors of the winning candidate.For example, they state that the electors “convened and organized in the State Capitol,” when, according to the attorney general, they were hidden away in the basement of the state Republican headquarters. (It seems likely that the fake electors included this lie because Michigan law requires presidential electors to meet in the Capitol — a requirement and legal problem that a Trump campaign legal adviser, Kenneth Chesebro, had flagged in his confidential memorandum setting out the scheme.)In proving these cases, establishing intent will be key. Here, there are several indicators that the defendants may have been aware of the illicit nature of their gathering. According to congressional testimony from the state Republican Party’s chairwoman at the time, Laura Cox, the group originally planned to meet inside the Capitol and hide overnight, so they could vote in the building the following day. Ms. Cox said she told a lawyer working with the Trump campaign and supposedly organizing the fake electors “in no uncertain terms that that was insane and inappropriate,” and “a very, very bad idea and potentially illegal.”As she put it, Ms. Cox was “very uncomfortable” with facilitating a meeting of the fake elector group, and said so at the time in accord with her lawyers’ opinion. Ms. Cox even urged the group to draft a significantly more measured document simply “stating that if perhaps something were to happen in the courts, they were willing and able to serve as electors from Michigan for Donald Trump.” Her advice was not followed.At the time the fake electors met to allegedly forge their documents, they should have been aware that state officials had certified the election results for Joe Biden — it was national and state news. By that point, there was no prospect of changing that outcome through either litigation or legislative action. On the day prosecutors say the fake electors met, two of the most powerful Republicans in the state acknowledged as much. Mike Shirkey, the majority leader in the State Senate, and Lee Chatfield, the House speaker, both issued statements declaring the presidential race over. Mr. Shirkey said that Michigan’s “Democratic slate of electors should be able to proceed with their duty” without the threat of harassment or violence.The fake electors were told they were not allowed to bring their phones into the meeting at the Republican headquarters that day, according to testimony one of them gave congressional investigators. They were instructed to maintain secrecy and not to share any details about what was occurring. That secrecy suggests that they knew what they were doing was wrong.Michigan’s former secretary of state, Terri Lynn Land, who had been designated a Trump elector, declined to participate in the proceedings, saying, according to Ms. Cox’s testimony, she was not comfortable doing so.With these facts, it would have been unthinkable for the state attorney general to choose not to prosecute the Michigan 16. Ms. Nessel’s office has regularly brought prosecutions, some of them against her fellow Democrats, centered on false documents in connection with elections. The case of the fake electors is far more egregious than most of those other cases: The defendants here were politically engaged individuals who should have been aware of the election results, as well as the flat rejection by the courts and Michigan Legislature of the Trump campaign’s claims of voter fraud.To be sure, some critics of the case may still think that the Michigan attorney general should have gone after Mr. Trump and his top lieutenants, who helped organize the false electors. But prosecutors have a responsibility first to pursue those individuals within their jurisdiction. By focusing solely on the figures who undertook their acts in Michigan, Ms. Nessel is wisely insulating her case against charges that she overreached, exceeding her jurisdiction.Of course, broader prosecutions may still be justified. Reporting indicates that the district attorney for Fulton County, Ga., Fani Willis, may be considering a different kind of wide-ranging case, involving state RICO crimes. Unlike the Michigan prosecution, her case may focus on Mr. Trump’s direct efforts to pressure state election officials — efforts that were caught on tape — and Rudy Giuliani’s attempt to provide false statements of election fraud to state officials.If broad-based indictments ultimately emerge out of Georgia, and are supported by the facts and appropriate law, then we would welcome it. That is part of the genius of American democracy: The states, which are responsible for running our elections, are laboratories of both democracy and of accountability.Ms. Nessel’s case also leaves a clear lane for Mr. Smith, the special counsel. She has avoided charging high-level national individuals whom Mr. Smith is apparently investigating. If anything, her case provides greater foundation for Mr. Smith to act, and he now seems to be following through. If Ms. Nessel can move against these individuals in Michigan, Mr. Smith can and should do the same against the ringleaders. Together, they can hold both the foot soldiers and their organizers accountable for their actions leading up to the Capitol riot.Norman Eisen, a senior fellow at the Brookings Institution, was special counsel to the House Judiciary Committee for the first impeachment and trial of Donald Trump. Ryan Goodman, a law professor at New York University, is a co-editor in chief of the Just Security website.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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    Fani Willis Signals August Timetable for Charges in Georgia Trump Inquiry

    The Fulton County district attorney said most of her staff would work remotely at times, and asked judges not to schedule trials, in the first half of August.The Georgia prosecutor leading an investigation into former President Donald J. Trump and his allies has taken the unusual step of announcing remote work days for most of her staff during the first three weeks of August, asking judges in a downtown Atlanta courthouse not to schedule trials for part of that time as she prepares to bring charges in the inquiry.The moves suggest that Fani T. Willis, the Fulton County district attorney, is expecting a grand jury to unseal indictments during that time period. Ms. Willis outlined the remote work plan and made the request to judges in a letter sent on Thursday to 21 Fulton County officials, including the chief county judge, Ural Glanville, and the sheriff, Pat Labat.“Thank you for your consideration and assistance in keeping the Fulton County Judicial Complex safe during this time,” wrote Ms. Willis, who has already asked the F.B.I. to help with security in and around the courthouse.Ms. Willis had said in a previous letter that any charges related to the Trump investigation would come in the grand jury term that runs from July 11 to Sept. 1. Her letter on Thursday appears to offer more specificity on timing.Her timetable, however, has already been pushed back as she has sought to hammer out cooperation deals with some potential defendants.Mr. Trump’s legal team is trying to scuttle the case with a motion, filed in March, seeking to quash much of the collected evidence and throw Ms. Willis off the case before any charges are filed.Ms. Willis’s office has spent more than two years investigating whether the former president and his allies illegally meddled in the 2020 election in Georgia, which Mr. Trump narrowly lost to President Biden. A special grand jury that heard evidence in the case 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.Ms. Willis must now seek approval from a regular grand jury for any charges she plans to bring.With security concerns about the looming indictments in such a high-profile investigation weighing on county officials, Ms. Willis said that she would reduce staffing in her office by about 70 percent and rely on remote work on days when grand juries were in session from July 31 to Aug. 18.She said that there would be exceptions to the remote work plan, including “my leadership team” and “all armed investigators.”Ms. Willis noted in the letter that most judges would be attending a judicial conference during the week of July 31. She added: “I respectfully request that judges not schedule trials and in-person hearings during the weeks beginning Monday, Aug. 7 and Monday, Aug. 14.”Last year, Ms. Willis wrote to the Atlanta field office of the F.B.I., asking for a risk assessment of the county courthouse in downtown Atlanta and for the agency to “provide protective resources to include intelligence and federal agents.”She noted in the letter last year that Mr. Trump had called the prosecutors investigating him “vicious, horrible people” during a Texas rally in January 2022 and called for protests in cities where he was being investigated. His recent criminal indictment in New York City, on charges related to hush money payments made to a porn star, took place largely without incident. Armed pro-Trump protesters appeared around the Georgia State Capitol a number of times in the weeks after the 2020 election, as Mr. Trump and his allies made false accusations of electoral fraud. On at least one occasion, armed counterprotesters were also in the streets.Ms. Willis, who has had some staff members outfitted with bulletproof vests, is clearly concerned about the potential for unrest after any indictments in the Trump inquiry. In a letter sent to the local sheriff last month, she wrote of “the need for heightened security and preparedness in coming months due to this pending announcement.” More

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    Georgia Prosecutor Rebuts Trump’s Effort to Scuttle Elections Case

    The NewsFani T. Willis, the district attorney in Fulton County, Ga., asked a judge to dismiss former President Donald J. Trump’s efforts to have her disqualified from leading an investigation into whether he and his allies interfered in the 2020 election in the state.She also asked the judge, in a 24-page court document filed on Monday, to reject a request from Mr. Trump to suppress the final report of a special grand jury that weighed evidence last year in the election meddling case.Ms. Willis was responding to an earlier motion filed by Mr. Trump’s lawyers that accused her of making biased statements over the course of her investigation. The lawyers also argued that the work of the special grand jury had been “tainted by improper influences,” noting that jurors were allowed to read news articles about the matter during their time of service. (Special grand juries in Georgia have different rules than regular grand juries or trial juries.)In her response, Ms. Willis said that the Trump legal team had not met the “exacting standards” for disqualifying a prosecutor and did not back up various accusations about the investigative process with evidence.She also argued that Mr. Trump did not have legal standing to bring his motion in the first place, noting that he had never been called as a witness before the special grand jury.Donald J. Trump at a campaign event in Manchester, N.H., in April.Sophie Park for The New York TimesWhy It Matters: The Georgia investigation could result in Donald J. Trump being indicted this summer.Mr. Trump has already been criminally indicted in a separate case in New York over hush-money payments made to a porn star, and the Justice Department has two other criminal investigations into Mr. Trump underway. There are indications that the Georgia inquiry could result in a broad indictment that may directly address whether Mr. Trump violated state laws as he sought to overturn President Biden’s victory in the weeks after the 2020 election.A number of experts have said that it would be difficult for Mr. Trump’s legal team to derail the Georgia investigation this early in the process. However, the judge presiding over the case, Robert C.I. McBurney of Fulton County Superior Court, has ruled against Ms. Willis in the past.Most notably, Judge McBurney ruled last July that Ms. Willis’s office could not pursue a criminal case against Lt. Gov. Burt Jones of Georgia, a Republican who was one of 16 Trump supporters who filed bogus papers claiming to be the state’s presidential electors. Ms. Willis, the judge ruled, had a conflict of interest because she had headlined a fund-raiser for Mr. Jones’s Democratic rival in the lieutenant governor’s race.Background: Mr. Trump has accused the chief prosecutor in the case of bias.The special grand jury’s report remains largely under seal, and Mr. Trump’s lawyers, in their motion, asked that it be “quashed and expunged from the record.” The special grand jury heard evidence for roughly seven months before recommending more than a dozen people for indictments, according to its forewoman, who strongly hinted in a February interview with The New York Times that Mr. Trump was among them.Mr. Trump’s motion criticized public statements that Ms. Willis made in 2021 and 2022, pointing in particular to a “biased political cartoon” that was retweeted by Ms. Willis’s campaign Twitter account last July. The cartoon depicted her in a boat with a fishing rod, “fishing a recently subpoenaed witness out of a swamp,” as the Trump motion put it.The Trump motion also said that Judge McBurney had made prejudicial statements, and that Georgia’s laws governing special grand juries were so vague as to be unconstitutional.Ms. Willis’s response said the Trump team’s contentions were “procedurally flawed” and “advance arguments that lack merit.” It noted that if Ms. Willis’s statements and Twitter posts “were the egregious grounds for disqualification which he asserts they are,” Mr. Trump “had a duty to raise them to the court’s attention as soon as he learned of them.”What’s Next: The judge will decide whether to hold a hearing on Mr. Trump’s requests.Ms. Willis, in her motion, asked that Judge McBurney settle the matter without holding a hearing. It remains to be seen if he will set one.Also unclear is whether Mr. Trump, a master of legal delay tactics, can somehow use the skirmish as a way to delay Ms. Willis’s timetable. Last month, Ms. Willis wrote in a letter to law enforcement officials that a decision on any charges against Mr. Trump or others would come between July 11 and Sept. 1. More

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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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    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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    Atlanta Prosecutor Seeks Removal of Lawyer in Trump Case

    The lawyer represents 10 Georgia Republicans who were part of a plan to reverse the results of the 2020 presidential election and keep Donald J. Trump in power.The lead prosecutor investigating election interference by former President Donald J. Trump and his allies in Georgia filed a motion on Tuesday accusing two defense lawyers ​​in the case of misconduct. The prosecutor, Fani T. Willis, the district attorney of Fulton County, Ga., sought to have one of the lawyers, Kimberly B. Debrow, thrown off the proceedings.Ms. Debrow represents 10 Georgia Republicans who were part of a bogus slate of electors for Mr. Trump under a broader plan to reverse the results of the 2020 presidential election and keep him in power. According to the motion, some of the electors recently told prosecutors that Ms. Debrow and another attorney, Holly Pierson, had not informed them of offers of immunity in exchange for cooperation that were made last year.The filing noted that Ms. Pierson had previously told the court that she and Ms. Debrow had spoken to their clients about potential immunity offers, but that “none of their clients were interested.”Ms. Pierson represents David Shafer, the head of the Georgia Republican Party, who served as one of the fake electors. She and Ms. Debrow, who are being paid by the state party, had originally represented 11 electors until a judge forced them to separate Mr. Shafer from the other 10. In a statement, Ms. Pierson said that Ms. Willis’s allegations of misconduct were “entirely false,” adding that the court “already has documents in its possession” that prove it.“Sadly, the D.A.’s office continues to seem more interested in media attention, trampling on the constitutional rights of innocent citizens and recklessly defaming its perceived opponents, than in the facts, the law or the truth,” Ms. Pierson’s statement said.Ms. Willis’s office has spent more than two years investigating whether the former president and his allies illegally interfered with Georgia’s 2020 election, and is expected to seek indictments next month. It was not immediately clear if the latest development could delay the timetable.A special grand jury that heard evidence in the case 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 this year that Mr. Trump was among them.Central to the investigation are the steps that Trump allies and state party officials took to assemble a group of 16 pro-Trump electors in December 2020, who then submitted bogus slates of Electoral College votes for Mr. Trump in hopes of reversing the election’s outcome in the state. Mr. Trump was directly involved in such efforts, which also took place in a number of other swing states, and called the head of the Republican National Committee, Ronna McDaniel, to seek her assistance, according to Ms. McDaniel’s testimony to the House committee that investigated the Jan. 6, 2021, attack on the U.S. Capitol.At least one of the electors not represented by Ms. Debrow or Ms. Pierson has an immunity deal in place and has cooperated with the prosecution, people with knowledge of the case have said.Ms. Willis’s new motion comes as other electors are seeking immunity deals, with indictment decisions looming. According to a legal analysis by the Brookings Institution, the fake electors could potentially face criminal liability for interfering with elections, among other charges.Ms. Willis has indicated that she may bring broader state racketeering or conspiracy charges, which could apply to some of the bogus electors and a number of other people, including Mr. Trump, who were involved in several schemes to overturn the Georgia results.The filing on Tuesday indicates that Ms. Willis’s office is still actively investigating, even though the special grand jury completed its work in January. During recent discussions with prosecutors, some of the fake electors represented by Ms. Debrow claimed that another elector, whom she also represents, broke the law, but that they themselves “were not party to these additional acts,” according to the new filing.The fact that Ms. Debrow is representing people who are making accusations against another of her clients amounts to an untenable conflict, the district attorney’s office said.“Ms. Debrow’s continued participation in this matter is fraught with conflicts of interest that rise to the level of her being disqualified from this case in its entirety,” the filing said.During their recent discussions with some of the fake electors, investigators in Ms. Willis’s office were told “that no potential offer of immunity was ever brought” to those electors last year, despite assurances to the court by Ms. Pierson.Clark D. Cunningham, a law professor and ethics specialist at Georgia State University who has been following the case closely, said that if the conduct described in the filing did take place, “that’s the kind of conduct that can get a lawyer disbarred.”Ms. Debrow, in a statement late Tuesday, called the motion “baseless, false and offensive.”“None of my clients have committed any crimes, and they necessarily have not implicated themselves or each other in any crimes,” she said.Last year, Ms. Debrow and Ms. Pierson together represented the 10 electors and Mr. Shafer until Judge Robert C.I. McBurney of Fulton County Superior Court, who is handling the case, decided that Mr. Shafer needed separate counsel. Mr. Shafer has been informed that he is among the targets of the investigation who could face criminal charges, according to people with knowledge of the case.Mr. Trump’s legal team, in a filing in March, assailed the special grand jury proceedings as “confusing, flawed and, at times, blatantly unconstitutional.”The Atlanta case is not the only legal issue Mr. Trump faces. Earlier this month, the former president pleaded not guilty in Manhattan to 34 felony counts of falsifying business records, in a case tied to his role in a hush-money payment to the porn star Stormy Daniels. He 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 attack on the Capitol and retaining sensitive government documents at his home in Florida. More

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    Trump’s Georgia Lawyers Seek to Quash Special Grand Jury Report

    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.Drew Findling, a lawyer for Mr. Trump, in Atlanta in 2021.Alyssa Pointer/Atlanta Journal-Constitution, via Associated PressIn 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. More

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    As Trump Inquiry Continues, Republicans Seek Oversight of Georgia Prosecutors

    The proposals are part of a broader push by conservative lawmakers around the country to rein in district attorneys whom they consider too liberal.ATLANTA — To Fani T. Willis, the district attorney in Atlanta, several bills in the Georgia legislature that would make it easier to remove local prosecutors are racist and perhaps retaliatory for her ongoing investigation of former President Donald J. Trump. To the Republican sponsors of the bills, they are simply a way to ensure that prosecutors enforce the laws of the state, whether they agree with them or not.Two of the measures under consideration would create a new state oversight board that could punish or remove prosecutors for loosely defined reasons, including “willful misconduct.” A third would sharply reduce the number of signatures required to seek a recall of a district attorney. The proposals are part of a broader push by conservative lawmakers around the country to rein in prosecutors whom they consider too liberal, and who in some cases are refusing to prosecute low-level drug crimes or enforce strict new anti-abortion laws.Gov. Ron DeSantis of Florida last year suspended a Democratic prosecutor in the Tampa area, Andrew Warren, after Mr. Warren said, among other things, that he would not prosecute anyone seeking abortions. The Republican-controlled Pennsylvania House voted in November to impeach Larry Krasner, the liberal district attorney in Philadelphia. And a Republican-backed bill currently under consideration in the Indiana legislature would allow a special prosecuting attorney, appointed by the state attorney general, to step in if a local prosecutor is “categorically refusing to prosecute certain crimes.”The debate in Georgia unfolding amid mounting concerns over urban crime, particularly in Atlanta. But Ms. Willis has been a centrist law-and-order prosecutor who has targeted some prominent local rappers in a sprawling gang case. She is also part of the changing face of justice in Georgia: The state now has a record number of minority prosecutors — 14 of them — up from five in 2020, the year Ms. Willis, who is Black, was voted into office. And of course, there is the Trump inquiry, the latest accelerant to the partisan conflagrations that have consumed the increasingly divided state for years. The subject of Ms. Willis’s investigation is whether Mr. Trump and his allies tried to flout Georgia’s democratic process with numerous instances of interference after his narrow 2020 election loss in the state. Ms. Willis, center, with her team during proceedings to seat the special purpose grand jury in Fulton County in May 2022.Ben Gray/Associated PressMs. Willis has said she is considering building a racketeering or conspiracy case. Anticipation is rising, particularly since the forewoman of a special grand jury charged with looking into the matter spoke publicly last month, saying that the jury’s final report, which is still largely under wraps, recommended indictments for more than a dozen people.Ms. Willis must now decide whether to bring a case to a regular grand jury, which can issue indictments. A decision ‌could come as early as ‌May.Understand Georgia’s Investigation of Election InterferenceCard 1 of 5A legal threat to Trump. More