Graham, Lindsey

Subterms

    More stories

    • 125 Shares99 Views

      in Elections

      Federal Appeals Court Halts Graham Testimony Before Atlanta Grand Jury

      by

      The U.S. Court of Appeals for the 11th Circuit temporarily blocked Senator Lindsey Graham from testifying before a special grand jury investigating Donald Trump’s efforts to overturn the 2020 election results in Georgia.ATLANTA — A federal appeals court temporarily blocked Senator Lindsey Graham, Republican of South Carolina, on Sunday from testifying in the investigation into efforts by President Donald J. Trump and his allies to overturn the 2020 presidential election results in Georgia. The appeals court instructed a lower court to determine whether Mr. Graham should be exempt from answering certain kinds of questions, given his status as a federal lawmaker.The ruling by the U.S. Court of Appeals for the 11th Circuit gives a temporary reprieve to Mr. Graham, who has been fighting prosecutors’ efforts to bring him before a special grand jury. After a protracted bout of legal sparring, Mr. Graham, at the end of last week, appeared to have failed in his efforts to remain above the matter and had been expected to testify behind closed doors on Tuesday in a downtown Atlanta courthouse.Mr. Graham has argued, among other things, that he should be exempt from testifying under the U.S. Constitution’s speech and debate clause, which prohibits asking lawmakers about their legitimate legislative functions. The appeals court laid out further steps on Sunday that must be taken before Mr. Graham gives any testimony.First, the court ruled, a Federal District Court must determine whether Mr. Graham is “entitled to a partial quashal or modification of the subpoena to appear before the special purpose grand jury” based on the speech and debate clause issue. After that, the appeals court said, it will take up the issue “for further consideration.”Lawyers for Mr. Graham have said that he was informed by Fulton County prosecutors that he was a witness, not a target, in the case.Even so, prosecutors want Mr. Graham’s testimony for a number of reasons. Among them are two phone calls that he made just after the 2020 election to Brad Raffensperger, Georgia’s secretary of state, in which Mr. Graham inquired about ways to help Mr. Trump by invalidating certain mail-in votes.They also want him to answer other questions about what they have called “the multistate, coordinated efforts to influence the results of the November 2020 election in Georgia and elsewhere.” Prosecutors have said in court documents that they expect Mr. Graham’s testimony “to reveal additional sources of information” related to their investigation.This month, Mr. Graham called the effort to make him testify “ridiculous” and a “weaponization of the law.”“We will go as far as we need to go and do whatever needs to be done to make sure that people like me can do their jobs without fear of some county prosecutor coming after you,” he said.The speech and debate clause appears in Article 1, Section 6 of the U.S. Constitution, and states that members of Congress “shall not be questioned in any other place” for “any speech or debate in either house.” The framers of the Constitution wrote it with the idea of protecting the independence of the legislative branch from other branches, and were influenced by the evolution of an independent parliament in England.Understand Georgia’s Trump Election InvestigationCard 1 of 5Understand Georgia’s Trump Election InvestigationAn immediate legal threat to Trump. More

    • 125 Shares99 Views

      in Elections

      Graham Ordered to Appear Before Atlanta Grand Jury Investigating Trump

      by

      A federal judge declined to stay her order that Senator Lindsey Graham of South Carolina appear on Tuesday before a special grand jury in Atlanta.ATLANTA — A federal judge on Friday turned down a request by Senator Lindsey Graham of South Carolina to avoid testifying next week before a special grand jury investigating attempts by former President Trump and his allies to overturn his November 2020 election loss in Georgia.The order, issued by U.S. District Court Judge Leigh Martin May, means that Mr. Graham, a South Carolina Republican and staunch Trump ally, is on track to appear in a closed-door session of the special grand jury on Tuesday at a downtown Atlanta courthouse. However, Mr. Graham already has taken his case to the U.S. Court of Appeals for the 11th Circuit, which has the ability to step in to postpone his appearance.Judge May had earlier issued an order forcing the senator to give testimony, but Mr. Graham asked the judge to stay the order while he pursued his appeal in the case. On Friday, the judge wrote that “the public interest would not be served” by granting a stay and delaying Mr. Graham’s testimony.“In this context, the public interest is well-served when a lawful investigation aimed at uncovering the facts and circumstances of alleged attempts to disrupt or influence Georgia’s elections is allowed to proceed without unnecessary encumbrances,” Judge May, who was appointed by President Barack Obama, wrote.Mr. Graham is one of a number of Republican witnesses who have fought subpoenas to appear in person before the grand jury. So far, most have lost.Mr. Trump’s former personal lawyer, Rudolph W. Giuliani, spent hours before the same special grand jury earlier this week, after initially saying that health conditions prevented him from flying to Atlanta from New York. Two other Trump team lawyers who unsuccessfully fought their subpoenas, Jenna Ellis and John Eastman, are scheduled to appear before the grand jury before the end of the month.And a hearing in Fulton County Superior Court has been scheduled for Thursday to consider Gov. Brian Kemp’s efforts to quash a subpoena compelling his testimony. In a motion this week, the Georgia Republican argued that he had been mistreated by the office of Fani T. Willis, the Fulton County district attorney, and claimed that she had subpoenaed him “for improper political purposes.”Lawyers for Mr. Graham have said that he was informed by Fulton County prosecutors that he was a witness, not a target, in the case.Mr. Trump’s former personal lawyer, Rudolph W. Giuliani, spent hours before the special grand jury in Atlanta this week.Nicole Craine for The New York TimesEven so, prosecutors want Mr. Graham’s testimony for a number of reasons. Among them are two phone calls that he placed just after the 2020 election to Brad Raffensperger, the Georgia secretary of state, in which Mr. Graham inquired about ways to help Mr. Trump by invalidating certain mail-in votes.They also want to ask him other questions about what they have called “the multi-state, coordinated efforts to influence the results of the November 2020 election in Georgia and elsewhere.” Prosecutors have said in court documents that they expect Mr. Graham’s testimony “to reveal additional sources of information” related to their investigation.Mr. Graham’s lawyers have argued, among other things, that he should be shielded from testimony under the Constitution’s speech and debate clause, which bars questioning of members of Congress about their legitimate legislative activities. They argue that he made the phone calls to Mr. Raffensperger as part of his work as a senator and a former chair of the Judiciary Committee.But they were unable to persuade the judge that they had enough of a case to earn a stay. She noted that there were “multiple areas of proper inquiry” in the case that were not related to Mr. Graham’s work as a senator.And the judge agreed with Ms. Willis’s office that waiting for his appeal to be resolved could cause serious delays and potentially have a negative effect on the special grand jury’s work — particularly when it came to revealing “new categories of information and witnesses, thereby compounding the total delay and hampering the grand jury as it attempts to carry out its investigation expeditiously.” More

    • 125 Shares179 Views

      in Elections

      Rudy Giuliani to Face Atlanta Grand Jury Investigating Trump Today

      by

      The former New York mayor has been told that he is a target in the investigation concerning whether Donald J. Trump and his associates tried to illegally influence the 2020 presidential election results in Georgia.ATLANTA — When Rudolph W. Giuliani traveled to Georgia’s capital city in December 2020 to make fanciful public accusations of election fraud on behalf of President Donald J. Trump, he was greeted in a manner befitting the emissary of the most powerful man on earth, and posed for photos with admirers and sympathetic state politicians.On Wednesday morning, Mr. Giuliani was back in Atlanta, this time under very different circumstances.The former New York City mayor, who was serving as Mr. Trump’s personal lawyer after the November 2020 election, showed up shortly before 8:30 a.m. to appear before a Fulton County special grand jury conducting a criminal investigation into postelection meddling by Mr. Trump and his associates. Local prosecutors informed Mr. Giuliani’s lawyers this week that he was a “target” in that investigation, meaning that his indictment was possible.Instead of visiting the elegant gold-domed State Capitol — where he and a pro-Trump group made a number of false claims about election fraud, raising concerns about untrustworthy voting machines and suitcases of illegal ballots — Mr. Giuliani appeared a few blocks away at the Fulton County court complex, where Atlantans go to resolve real estate disputes, file for divorce or be arraigned for armed robberies.Mr. Giuliani arrived in a black Yukon Denali with his lawyer, Robert Costello, and Vernon Jones, a prominent Trump supporter in Georgia and a vociferous promoter of the unfounded idea that Mr. Trump won the state in 2020.Asked what he expected to talk about, Mr. Giuliani told a large crush of reporters outside the courthouse, “They’ll ask the questions, and we’ll see.”Fulton County District Attorney Fani T. Willis has asked the F.B.I. to provide stepped-up security at the downtown courthouse, after Mr. Trump called prosecutors like her “vicious, horrible people.”Mr. Giuliani’s lawyers fought to keep him from having to travel to Atlanta. Instead, they offered to have him appear via videoconference, and argued that he was too feeble to travel by air after having a pair of cardiac stents inserted in early July. But Judge Robert C.I. McBurney ruled last week that Mr. Giuliani could always travel “on a train, on a bus or Uber.” On Monday, a lawyer for Mr. Giuliani declined to say how his client planned to get to Atlanta from New York.Mr. Giuliani is not the only high-profile member of Mr. Trump’s team who is less than thrilled about having to show up in Georgia to be asked about what prosecutors call “a multistate, coordinated plan by the Trump campaign to influence the results of the November 2020 election in Georgia and elsewhere.”Senator Lindsey Graham of South Carolina was ordered by a federal judge on Monday to appear before the special grand jury.Haiyun Jiang/The New York TimesSenator Lindsey Graham was ordered by a federal judge on Monday to appear before the special grand jury, after Mr. Graham tried to find a way out of it. Mr. Graham, a South Carolina Republican, said he would take the case to the U.S. Court of Appeals for the 11th Circuit, arguing that under the Speech and Debate clause of the Constitution, his status as a senator shielded him from having to testify.“This weaponization of the law needs to stop,” Mr. Graham said in a statement. “So I will use the courts. We will go as far as we need to go, and do whatever needs to be done, to make sure that people like me can do their jobs without fear of some county prosecutor coming after you.”Two other lawyers on the Trump team, Jenna Ellis of Colorado and John Eastman of New Mexico, were scheduled to have hearings in their home states after Ms. Willis’s office filed “petitions for certification of need for testimony” concerning them. Such petitions are typically filed only when a potential witness refuses to testify or cannot be reached by prosecutors.In Ms. Ellis’s hearing on Tuesday, a court in Colorado ordered her to appear and testify before the special grand jury in Atlanta on Aug. 25. Mr. Eastman is expected to appear at a court hearing in Santa Fe on Aug. 26.It seems unlikely that Mr. Giuliani, 78, will say much to the grand jury when he is called to testify behind closed doors. “I just can’t imagine, at this point, him cooperating,” said Michael J. Moore, an Atlanta lawyer who served as a U.S. attorney in Georgia. “He’s got several avenues that he can take. One is to claim that he can’t answer questions because of attorney-client privilege. Another is because he’s been identified as a target, and he’s going to invoke the Fifth Amendment.”Still, the visit may be of use to the prosecutors leading the Georgia investigation, which Ms. Willis has said may result in racketeering or conspiracy charges against several defendants.Though it is not clear what charges Mr. Giuliani might face, witnesses who have already gone before the grand jury have said that the jurors were particularly interested in two appearances by Mr. Giuliani in December 2020 before state legislative panels, where he made a number of false assertions about election fraud.Unlike a trial jury, which would be instructed not to make any inferences about a criminal defendant’s silence, a grand jury is allowed to draw its own conclusions when witnesses or targets invoke their Fifth Amendment rights in declining to answer questions. (The special grand jury in Georgia cannot indict anyone; its job is to write a report saying whether the jurors believe crimes occurred. A regular grand jury could then issue indictments based on the special jury’s report.)Page Pate, a veteran Atlanta trial lawyer, said that prosecutors may also try to argue to a judge that attorney-client privilege does not apply to some questions asked of Mr. Giuliani, because of the “crime fraud exception” to the privilege, which essentially states that lawyers cannot be shielded from testifying if they helped their clients commit a crime.Even if Mr. Giuliani is successful in dodging questions much of the time, Mr. Pate said, important information about the scope of the scheme to reverse Mr. Trump’s election loss might still be divulged in the course of questioning.“Why not just grill him and see what happens?” Mr. Pate said.Outside the grand jury room, Mr. Giuliani has been talkative. In an interview on Monday with Newsmax, a far-right news channel, he said the Fulton County inquiry amounted to a “desecration of the Sixth Amendment,” which guarantees the right to a public trial and a lawyer, among other things.“I was his lawyer of record in that case,” Mr. Giuliani said, referring to Mr. Trump and his concerns about the election results. “The statements that I made are either attorney-client privileged, because they were between me and him, or they were being made on his behalf in order to defend him.”In total, 18 people are known to have been identified as targets of the investigation, including 16 pro-Trump “alternate electors” in Georgia who were sworn in on the same day as the state’s legitimate presidential electors. On Tuesday afternoon, 11 of the alternate electors began an effort to potentially disqualify Ms. Willis and her office from handling the case — an attempt connected to Ms. Willis’s previous disqualification from one portion of the investigation.In July, Judge McBurney prohibited Ms. Willis and her office from developing a criminal case against Georgia State Senator Burt Jones, a Trump ally and alternate elector, citing a conflict of interest — namely, that Ms. Willis, a Democrat, had headlined a fund-raiser for a fellow Democrat running against Mr. Jones in the race for lieutenant governor.Judge McBurney ruled that the decision to bring charges against Mr. Jones must be left to a different prosecutor’s office.On Tuesday, a lawyer for 11 of the alternate electors asked the court to disqualify Ms. Willis and her office from the entire proceeding, or at least to let the 11 electors be part of the “carve out” affecting Mr. Jones, on the grounds that all of the electors “have significant roles” in the state Republican Party, and that most of them had supported Mr. Jones’s campaign for lieutenant governor. More

    • 138 Shares169 Views

      in Elections

      Giuliani Is a Target in Georgia’s Trump Election Inquiry, Lawyer Says

      by

      Rudolph W. Giuliani, as former President Donald J. Trump’s personal lawyer, spearheaded efforts to keep Mr. Trump in power.ATLANTA — The legal pressures on Donald J. Trump and his closest allies intensified further on Monday, as prosecutors informed his former personal attorney, Rudolph W. Giuliani, that Mr. Giuliani was a target in a wide-ranging criminal investigation into election interference in Georgia.The notification came on the same day that a federal judge rejected efforts by another key Trump ally, Senator Lindsey Graham, to avoid giving testimony before the special grand jury hearing evidence in the case in Atlanta.One of Mr. Giuliani’s lawyers, Robert Costello, said in an interview that he was notified on Monday that his client was a target. Being so identified does not guarantee that a person will be indicted; rather, it usually means that prosecutors believe an indictment is possible, based on evidence they have seen up to that point.Mr. Giuliani, who as Mr. Trump’s personal lawyer spearheaded efforts to keep Mr. Trump in power, emerged in recent weeks as a central figure in the inquiry being conducted by Fani T. Willis, the district attorney of Fulton County, Ga., which encompasses most of Atlanta.Earlier this summer, prosecutors questioned witnesses before the special grand jury about Mr. Giuliani’s appearances before state legislative panels in December 2020, when he spent hours peddling false conspiracy theories about secret suitcases of Democratic ballots and corrupted voting machines.For Mr. Giuliani, the former mayor of New York, the developments are the latest in a widening swath of trouble, though he got some good news recently when it emerged that he was unlikely to face charges in a federal criminal inquiry into his ties to Ukraine during the 2020 presidential campaign.Mr. Giuliani is scheduled to appear before the special grand jury on Wednesday at a downtown Atlanta courthouse. His lawyer, Mr. Costello, said in the interview that Mr. Giuliani would probably invoke attorney-client privilege if asked questions about his dealings with Mr. Trump. “If these people think he’s going to talk about conversations between him and President Trump, they’re delusional,” Mr. Costello said.The rejection of Senator Graham’s effort to avoid testifying came in a written order from a Federal District Court judge in Atlanta, Leigh Martin May. Mr. Graham, a Republican of South Carolina, is now set to testify on Aug. 23.The judge found that prosecutors had shown that there is “a special need for Mr. Graham’s testimony on issues relating to alleged attempts to influence or disrupt the lawful administration of Georgia’s 2022 elections.”Lawyers for Mr. Graham have said that he was informed by prosecutors that he was a witness, not a target.Understand Georgia’s Trump Election InvestigationCard 1 of 5Understand Georgia’s Trump Election InvestigationAn immediate legal threat to Trump. More

    • 75 Shares169 Views

      in Elections

      On the Docket: Atlanta v. Trumpworld

      by

      ATLANTA — The criminal investigation into efforts by former President Donald J. Trump and his allies to overturn his election loss in Georgia has begun to entangle, in one way or another, an expanding assemblage of characters:A United States senator. A congressman. A local Cadillac dealer. A high school economics teacher. The chairman of the state Republican Party. The Republican candidate for lieutenant governor. Six lawyers aiding Mr. Trump, including a former New York City mayor. The former president himself. And a woman who has identified herself as a publicist for the rapper Kanye West.Fani T. Willis, the Atlanta area district attorney, has been leading the investigation since early last year. But it is only this month, with a flurry of subpoenas and target letters, as well as court documents that illuminate some of the closed proceedings of a special grand jury, that the inquiry’s sprawling contours have emerged.For legal experts, that sprawl is a sign that Ms. Willis is doing what she has indicated all along: building the framework for a broad case that could target multiple defendants with charges of conspiracy to commit election fraud, or racketeering-related charges for engaging in a coordinated scheme to undermine the election.“All of these people are from very disparate places in life,” Anthony Michael Kreis, a constitutional law professor at Georgia State University, said of the known witnesses and targets. “The fact that they’re all being brought together really suggests she’s building this broader case for conspiracy.”What happened in Georgia was not altogether singular. The House committee investigating the Jan. 6, 2021, attack on the Capitol has put on display how Mr. Trump and his allies sought to subvert the election results in several crucial states, including by creating slates of fake pro-Trump electors. Yet even as many Democrats lament that the Justice Department is moving too slowly in its inquiry, the local Georgia prosecutor has been pursuing a quickening case that could pose the most immediate legal peril for the former president and his associates.Whether Mr. Trump will ultimately be targeted for indictment remains unclear. But the David-before-Goliath dynamic may in part reflect that Ms. Willis’s legal decision-making is less encumbered than that of federal officials in Washington by the vast political and societal weight of prosecuting a former president, especially in a bitterly fissured country.But some key differences in Georgia law may also make the path to prosecution easier than in federal courts. And there was the signal event that drew attention to Mr. Trump’s conduct in Georgia: his call to the secretary of state, Brad Raffensperger, whose office, in Ms. Willis’s Fulton County, recorded the president imploring him to “find” the 11,780 votes needed to reverse his defeat.A House hearing this past week discussed a phone call in which President Donald J. Trump asked Georgia’s secretary of state, Brad Raffensperger, to “find” an additional 11,780 votes.Shawn Thew/EPA, via ShutterstockMr. Trump’s staff did not comment, nor did his local counsel. When Ms. Willis opened the inquiry in February 2021, a Trump spokesman described it as “simply the Democrats’ latest attempt to score political points by continuing their witch hunt against President Trump.” Lawyers for 11 of the 16 Trump electors, Kimberly Bourroughs Debrow and Holly A. Pierson, accused Ms. Willis of “misusing the grand jury process to harass, embarrass and attempt to intimidate the nominee electors, not to investigate their conduct.”Last year, Ms. Willis told The New York Times that racketeering charges could be in play. Whenever people “hear the word ‘racketeering,’ they think of ‘The Godfather,’” she said, before explaining that charges under Georgia’s version of the federal Racketeer Influenced and Corrupt Organizations Act could apply in any number of realms where corrupt enterprises are operating. “If you have various overt acts for an illegal purpose, I think you can — you may — get there,” she said.The Trump InvestigationsCard 1 of 8Numerous inquiries. More

    • 100 Shares99 Views

      in Elections

      Giuliani Ordered to Testify in Georgia Criminal Investigation

      by

      After Rudolph W. Giuliani failed to show for a hearing in Manhattan, a Georgia judge ordered him to testify as part of an investigation into election interference in the state.A Georgia judge ordered Rudolph W. Giuliani to testify in Atlanta next month in an ongoing criminal investigation into election interference by former President Donald J. Trump and his advisers and allies, according to court filings released on Wednesday.Some out-of-state witnesses in the case have gone to court to challenge subpoenas or other legal filings seeking to compel their testimony. But after Mr. Giuliani failed to show for a hearing last week in Manhattan, where the matter was to have been adjudicated, Judge Robert C. I. McBurney of the Superior Court of Fulton County ordered him to appear before a special grand jury in Atlanta on Aug. 9.Mr. Giuliani, who spearheaded efforts to keep Mr. Trump in power as his personal lawyer, has emerged as a central figure in the Georgia criminal investigation into efforts to overturn Mr. Trump’s 2020 electoral loss in the state. Fani T. Willis, the prosecutor in Fulton County leading the investigation, has indicated that she is considering conspiracy or racketeering charges, which could take in a broad spectrum of people engaged in multiple efforts to sway the election results.Her office worked with the office of Alvin Bragg, the district attorney in Manhattan, to secure Mr. Giuliani’s testimony, and she said in a statement that she was “grateful to the prosecutors and investigators” in Mr. Bragg’s office for their assistance.Mr. Giuliani’s lawyer did not immediately respond to a request for comment.A special grand jury has been meeting regularly in Atlanta to hear testimony and review documents and videos that may shed light on the multipronged effort to put Georgia in Mr. Trump’s win column. Among the acts under consideration are an infamous postelection phone call that Mr. Trump made to Brad Raffensperger, the Georgia secretary of state, asking to “find” enough votes to secure his victory.Mr. Giuliani appears to be of interest for a number of reasons, including his participation in a scheme to create slates of pro-Trump presidential electors in numerous states including Georgia. In court filings this week, it was revealed that all 16 pro-Trump electors in Georgia had been informed by the Fulton County District Attorney’s office that they could face charges.Mr. Giuliani also appeared in person before two Georgia state legislative committees in December 2020, where he spent hours peddling false conspiracy theories about secret suitcases of Democratic ballots and corrupted voting machines. He told state legislators, “You cannot possibly certify Georgia in good faith.”Legal experts have said the Georgia investigation may prove to be particularly perilous for Mr. Trump and his allies. Though the grand jury proceedings are secret, a number of details have emerged in recent days that hint at the scope of the investigation. Among the pro-Trump electors who learned they could be indicted are David Shafer, the chair of the state Republican Party, and State Senator Burt Jones, the party’s nominee for lieutenant governor. Another Republican state senator, Brandon Beach, was also informed that he is a potential target.Prosecutors are seeking testimony from Senator Lindsey Graham of South Carolina, a Trump ally who also called Mr. Raffensperger, and Representative Jody Hice, a hard-right Georgia Republican who has embraced false narratives about election fraud in Georgia and who helped lead efforts in Congress to help keep Mr. Trump in power.William K. Rashbaum More

    • 88 Shares149 Views

      in Elections

      Trump Electors Targeted in Georgia Criminal Inquiry

      by

      A prosecutor in Atlanta is investigating interference in the 2020 presidential election, an inquiry that has engulfed Donald J. Trump and many of his allies.Prosecutors in Atlanta have informed 16 Trump supporters who formed an alternate slate of 2020 presidential electors from Georgia that they could face charges in an ongoing criminal investigation into election interference, underscoring the risk of criminal charges that Donald J. Trump and many of his allies may be facing in the state.The revelations were included in court filings released on Tuesday in an investigation being led by Fani T. Willis, the district attorney of Fulton County. They showed that while much attention has been focused on the House hearings in Washington into the Jan. 6 attack on the Capitol, and the extent to which the Justice Department will investigate, it is a local prosecutor in Atlanta who may put Mr. Trump and his circle of allies in the most immediate legal peril.“This is a sign of a dramatic acceleration of her work,” said Norman Eisen, who served as special counsel to the House Judiciary Committee during the first Trump impeachment. He added that prosecutors typically work their way “up the food chain, so usually the first wave of target letters is not the last.”A special grand jury is looking into a range of potential issues, including the creation of a slate of 16 pro-Trump electors in the weeks after the election in an attempt to circumvent President Biden’s victory in the state. The district attorney is seeking testimony from a number of Mr. Trump’s lawyers and allies, including Rudolph W. Giuliani, who has emerged as a central figure in the case, and Senator Lindsey Graham of South Carolina, whose lawyers agreed on Tuesday to have their objections heard in a court in Georgia instead of South Carolina or Washington.Some legal observers have argued that Mr. Trump’s actions put him at risk of being indicted on charges of violating relatively straightforward Georgia criminal statutes, including criminal solicitation to commit election fraud — most notably his postelection phone calls to Georgia officials like Brad Raffensperger, the secretary of state, whom he pressured “to find 11,780 votes,” enough to reverse the election results. A 114-page Brookings Institution analysis of the case, co-authored by Mr. Eisen, found Mr. Trump “at substantial risk of possible state charges predicated on multiple crimes.”Ms. Willis, in court filings, has indicated that a number of other charges are being considered, including racketeering and conspiracy, which could take in a broad roster of Trump associates both inside and outside of Georgia. Ms. Willis is also weighing whether to subpoena Mr. Trump himself and seek his testimony, according to a person familiar with the inquiry, as she has recently sought the testimony of seven of his allies and advisers before the special grand jury.Lawyers for 11 of the electors reacted strongly to the designation of their clients as targets, saying that a local prosecutor had no jurisdiction to determine which federal electors were fake and which were real. The lawyers, Holly A. Pierson and Kimberly Bourroughs Debrow, accused Ms. Willis of “misusing the grand jury process to harass, embarrass, and attempt to intimidate the nominee electors, not to investigate their conduct.”Ms. Willis’s office did not immediately comment, but she has said that “anything that is relevant to attempts to interfere with the Georgia election will be subject to review.”President Biden won Georgia and all 16 of its electoral votes. But after the election, some of Mr. Trump’s outside advisers came up with a plan to create slates of alternate electors in swings states like Georgia, falsely claiming that widespread fraud had disrupted the election in those states. Many of Mr. Trump’s White House advisers rejected the plan — and efforts to get Vice President Mike Pence to block the certification of electoral votes on Jan. 6 — and viewed it as dangerous and illegal, testimony in the House hearings have shown.Two of the Georgia electors had already been identified as targets of Ms. Willis’s investigation: David Shafer, a Trump ally who chairs the state Republican Party, and Burt Jones, a Georgia state lawmaker who is running for lieutenant governor.David Shafer, the chairman of the Georgia Republican Party.Bob Andres/Atlanta Journal-Constitution, via Associated PressState Senator Burt Jones, a candidate for lieutenant governor.Pool photo by Brynn AndersonThe lawyers for 11 of the electors, including Mr. Shafer, accused Ms. Willis of politicizing the investigation and said that many “of the nominee electors are prominent figures in the Georgia G.O.P.” The electors include Mark Amick, who serves on the board of the Georgia Republican Foundation, a group of the party’s large donors; Vikki Consiglio, the party’s assistant treasurer; Shawn Still, who won a primary for a State Senate seat earlier this year; Brad Carver, an Atlanta lawyer; and Kay Godwin, the co-founder of a group called Georgia Conservatives in Action.Most of the electors were supposed to testify before the special grand jury next week. But in late June, Ms. Pierson and Ms. Debrow wrote in their filing that they were told by a special prosecutor that their 11 clients were considered targets — not just witnesses — in the investigation, after new evidence had come to light.“There is no legal or factual basis to label the nominee electors as targets of this or any grand jury,” the lawyers said. “Nonetheless, the D.A. has rashly elevated them from witnesses to targets, and the nominee electors have informed her of their intention to follow our legal counsel to invoke their state and federal constitutional and statutory rights not to provide substantive testimony.”“It’s bizarre,” said Clark D. Cunningham, a law professor at Georgia State University in Atlanta. “They’re arguing their case now, even though none of their clients have been indicted. The purpose of this motion appears to be to ask a judge to decide in advance of a grand jury decision that a grand jury can’t even indict them.”But the lawyers asserted that “states (and their local governments) have no authority to interfere (through attempted criminalization or otherwise) with the process of sending potential elector slates to Congress for it to adjudicate.” They also pointed to the 1960 presidential election in Hawaii, where both the Nixon and Kennedy campaigns submitted electors, in asserting that there was precedent for more than one slate of electors.Mr. Jones, in a motion earlier this week, called for Ms. Willis to recuse herself, because she has headlined fund-raisers for Charlie Bailey, a Democrat who is running against Mr. Jones.Ms. Willis rejected that idea in a filing on Tuesday.“The subject of the grand jury investigation that has ensnared Jones has no factual connection to the ongoing campaign for lieutenant governor,” she wrote, adding that “support for a political opponent” is “not among the extremely rare instances where a prosecutor is shown to have a personal interest in a prosecution.”The filing also said that Mr. Jones had “been treated identically to each of the 15 other unofficial ‘electors’ who represented themselves as properly certified electors for the 2020 presidential election and who received similar target status notification.”The potential legal exposure of the Republican officials could complicate Georgia’s November elections, starting with the lieutenant governor’s race. Last week, Mr. Bailey accused Mr. Jones of being “anti-American and unpatriotic” for taking part in a “failed attempted overthrow of the American government.”The investigation has also highlighted divisions within Republican ranks. Mr. Shafer has been a stalwart supporter of Mr. Trump and his baseless claims of a stolen election, which have put him at odds with Gov. Brian Kemp, a Republican, as well as Mr. Raffensperger. Both Mr. Kemp and Mr. Raffensperger easily defeated Trump-backed primary challengers this year.Representative Jody Hice, who lost in a May primary to Mr. Raffensperger, revealed this week that he had been subpoenaed in the investigation. A loyal Trump ally, he led a January 2021 challenge in the House of Representatives to the certification of Georgia’s electors. He is seeking to challenge the subpoena in federal court.The biggest question looming over the investigation, of course, is the potential exposure of Mr. Trump himself.“She’s made clear that she has a sharp eye on Trump,” Mr. Eisen said of Ms. Willis, adding that there were indications “that this first salvo of target letters will be followed by additional possible targets, culminating in the former president himself.” More

    • 138 Shares169 Views

      in Elections

      Giuliani and Graham Among Trump Allies Subpoenaed by Georgia Grand Jury

      by

      Rudy Giuliani, Lindsey Graham, John Eastman and several others in the former president’s orbit were subpoenaed in the election meddling inquiry.Seven advisers and allies of Donald J. Trump, including Rudolph W. Giuliani and Senator Lindsey Graham, were subpoenaed on Tuesday in the ongoing criminal investigation in Georgia of election interference by Mr. Trump and his associates. The move was the latest sign that the inquiry has entangled a number of prominent members of Mr. Trump’s orbit, and may cloud the future for the former president.The subpoenas underscore the breadth of the investigation by Fani T. Willis, the district attorney of Fulton County, which encompasses most of Atlanta. She is weighing a range of charges, according to legal filings, including racketeering and conspiracy, and her inquiry has encompassed witnesses from beyond the state. The latest round of subpoenas was reported earlier by The Atlanta Journal-Constitution.The Fulton County investigation is one of several inquiries into efforts by Mr. Trump and his team to overturn the election, but it is the one that appears to put them in the greatest immediate legal jeopardy. A House committee continues to investigate the Jan. 6, 2021, attack on the Capitol. And there is an intensifying investigation by the Justice Department into a scheme to create slates of fake presidential electors in 2020.Amid the deepening investigations, Mr. Trump is weighing an early entrance into the 2024 presidential race; people close to him have said he believes it would bolster his claims that the investigations are politically motivated.A subpoena is not an indication that someone is a subject of an inquiry, though some of the latest recipients are considered at risk in the case — in particular Mr. Giuliani, a personal lawyer for Mr. Trump who has emerged as a central figure in the grand jury proceedings in the Georgia investigation. Mr. Giuliani spent several hours speaking before state legislative panels in December 2020, where he peddled false conspiracy theories about corrupted voting machines and a video that he claimed showed secret suitcases of Democratic ballots. He told members of the State House at the time, “You cannot possibly certify Georgia in good faith.”Ms. Willis’s office, in its subpoena, said Mr. Giuliani “possesses unique knowledge concerning communications between himself, former President Trump, the Trump campaign, and other known and unknown individuals involved in the multistate, coordinated efforts to influence the results of the November 2020 election in Georgia and elsewhere.”Though the subpoenas were issued Tuesday, not all had necessarily been received. Robert J. Costello, a lawyer for Mr. Giuliani, said, “We have not been served with any subpoena, therefore we have no current comment.”Others sent subpoenas included Jenna Ellis, a lawyer who worked closely with Mr. Giuliani to overturn the 2020 election results; John Eastman, the legal architect of a plan to keep Mr. Trump in power by using fake electors, and Mr. Graham, the South Carolina Republican who called the Georgia secretary of state, Brad Raffensperger, a fellow Republican, days after the election to inquire about the rules for discarding mail-in ballots.Jenna Ellis, a lawyer who worked with Rudolph W. Giuliani to overturn the 2020 election results, was also subpoenaed.Rey Del Rio/Getty ImagesAnother prominent lawyer who received a subpoena, Cleta Mitchell, was on a Jan. 2, 2021, call that Mr. Trump made to Mr. Raffensperger where he asked him to find enough votes to reverse the state’s results. The subpoena to her said, “During the telephone call, the witness and others made allegations of widespread voter fraud in the November 2020 election in Georgia and pressured Secretary Raffensperger to take action in his official capacity to investigate unfounded claims of fraud.”Two other Trump lawyers were also subpoenaed: Jacki Pick Deason, who helped make the Trump team’s case before the Georgia legislature, and Kenneth Chesebro, whose role has come into sharper focus during the House Jan. 6 hearings in Washington. In an email exchange with Mr. Eastman in the run-up to the Jan. 6 attack, he wrote that the Supreme Court would be more likely to act on a Wisconsin legal challenge “if the justices start to fear that there will be ‘wild’ chaos on Jan. 6 unless they rule by then, either way.”Most of those subpoenaed could not be immediately reached for comment. A spokesman for the Texas Public Policy Foundation, where Ms. Deason is a senior fellow, declined to comment.The special grand jury was impaneled in early May and has up to one year to complete its work before issuing a report advising Ms. Willis on whether to pursue criminal charges, though Ms. Willis has said she hopes to conclude much sooner. In official letters sent to potential witnesses, her office has said that it is examining potential violations that include “the solicitation of election fraud, the making of false statements to state and local governmental bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration.”The new subpoenas offered some further clues about where her investigation is focused.Mr. Eastman was a key witness at one of the December 2020 legislative hearings that were led by Mr. Giuliani. Ms. Willis’s office said in its subpoena to Mr. Eastman that during the hearing he had “advised lawmakers that they had both the lawful authority and a ‘duty’ to replace the Democratic Party’s slate of presidential electors, who had been certified as the duly appointed electors for the State of Georgia after the November 2020 election, due to unfounded claims of widespread voter fraud within the state.”John Eastman, a Trump legal adviser and the architect of the fake-elector plan, with Mr. Giuliani.Jim Bourg/ReutersThey called the appearance part of a “multistate, coordinated plan by the Trump campaign to influence the results of the November 2020 election in Georgia and elsewhere.”The subpoena also noted that Mr. Eastman “drafted at least two memoranda to the Trump Campaign and others detailing a plan through which Vice President Mike Pence, as president of the Senate, could refuse to count some of President Joe Biden’s electoral votes” on Jan. 6 — a plan that was rejected by Mr. Pence.Regarding Ms. Ellis, Ms. Willis’s office said that even after Mr. Raffensperger’s office debunked claims of fraud by election workers at an Atlanta arena, Ms. Ellis persisted. “Despite this, the witness made additional statements claiming widespread voter fraud in Georgia during the November 2020 election,” the subpoena said.Mr. Trump has derided the inquiry; last year, a spokesman for the former president called it “the Democrats’ latest attempt to score political points by continuing their witch hunt against President Trump.”Sean Keenan More