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    Georgia Judge Blocks Hand-Counting of Election Ballots

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    The ruling was confined to the current election, halting the measure from going into effect for 2024 while the judge further weighs its merits in the future.A county judge in Georgia on Tuesday blocked a new rule mandating a hand count of election ballots across the state. Enacting such a sweeping change for the November election, he said, was “too much, too late.”Judge Robert C.I. McBurney did not, however, knock down the rule outright; his decision was confined to the current election, halting the rule from taking effect for 2024 while he further weighs its merits.The rule, passed last month by the State Election Board, would have required poll workers across Georgia to break open sealed containers of ballots and count them by hand to ensure that the total number of ballots matched the total counted by tabulating machines. (It would not have required officials to tally for whom the ballots were cast.)But Judge McBurney agreed with challenges from several county election boards that the rule was made too close to the election.“Clearly the S.E.B. believes that the hand count rule is smart election policy — and it may be right,” Judge McBurney said, using shorthand for State Election Board. “But the timing of its passage makes implementation now quite wrong.”The rule was one of many new election provisions approved in Georgia since summer that hewed closely to policy goals of right-wing election activists. It was a key achievement of the State Election Board, which has recently been governed by a 3-2 right-wing majority.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Special Grand Jury in Georgia Recommended Charging Lindsey Graham in Trump Case

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      A special grand jury made the recommendation last year after hearing from dozens of witnesses on whether Donald J. Trump and his allies interfered in the 2020 election.A special grand jury that investigated election interference allegations in Georgia recommended indicting a number of Trump allies who were not charged, including Senator Lindsey Graham of South Carolina, the former senators David Perdue and Kelly Loeffler of Georgia, and Michael Flynn, a former national security adviser.In its final report, which a judge unsealed on Friday, the panel also recommended charges against Boris Epshteyn, one of former President Donald J. Trump’s main lawyers, as well as a number of other Trump-aligned lawyers, including Cleta Mitchell and Lin Wood.Mr. Trump and 18 allies were charged in a racketeering indictment that was handed up last month by a regular grand jury in Fulton County, Ga.The special grand jury, which Fulton County prosecutors convened to help with the investigation, met at an Atlanta courthouse from June to December of last year. It spent much of that time hearing testimony from 75 witnesses on the question of whether Mr. Trump or any of his allies had sought to illegally overturn his 2020 election loss in the state.Under Georgia law, the panel could not issue indictments itself. In the Trump case, that task fell to a regular grand jury that was seated over the summer. The regular grand jury heard evidence from prosecutors for one day in early August before voting to indict all 19 defendants whom prosecutors had sought to charge.The special grand jury’s mandate was to write a report with recommendations on whether indictments were warranted in the investigation, which was led by Fani T. Willis, the Fulton County district attorney. Ms. Willis asked to convene a special grand jury because such panels have subpoena powers, and she was concerned that some witnesses would not cooperate without being subpoenaed.Portions of the report were publicly released in February, but those excerpts did not indicate who had been recommended for indictment, or on what charges. The release of the full nine-page report this week was ordered by Judge Robert C.I. McBurney of Fulton County Superior Court.Read the Report by the Special Grand Jury in Georgia That Investigated President TrumpThe special grand jury investigated whether Mr. Trump interfered in the 2020 election in the state. Their report included recommendations on whether indictments were warranted, and for whom.Read DocumentMr. Epshteyn declined on Friday to comment about the report. Others whom the advisory panel recommended for indictment did not immediately respond to requests for comment.After the special grand jury recommended indictments of about 40 people, the district attorney had to weigh which prosecutions would be the most likely to succeed in court. A potential case against Mr. Graham, for example, would have been hampered by the fact that there were conflicting accounts of telephone calls he made to a top Georgia official. Mr. Graham has repeatedly said that he did nothing wrong.Fulton County prosecutors indicated in court filings last year that they were interested in those calls by Mr. Graham, a onetime critic of Mr. Trump who became a staunch supporter. They were made shortly after the November 2020 election to Brad Raffensperger, Georgia’s secretary of state.Mr. Raffensperger has said that in those calls, Mr. Graham suggested the rejection of all mail-in votes from Georgia counties with high rates of questionable signatures, a step that would have excluded many more Democratic votes than Republican ones. But the phone calls are not known to have been recorded, and recollections differ about exactly what was said — factors that probably figured in the decision not to charge Mr. Graham.In a filing seeking Mr. Graham’s testimony, prosecutors said that he “questioned Secretary Raffensperger and his staff about re-examining certain absentee ballots cast in Georgia in order to explore the possibility of a more favorable outcome for former President Donald Trump,” and “made reference to allegations of widespread voter fraud” during those calls.A few weeks after the calls, Mr. Trump followed up with a call of his own to Mr. Raffensperger on Jan. 2, 2021, saying that he wanted to “find” roughly 12,000 votes, enough to reverse his loss in Georgia. Mr. Trump’s call, which was recorded, is the basis for a number of charges in the 98-page indictment.Mr. Graham has characterized as “ridiculous” the idea that he had suggested to Mr. Raffensperger that he throw out legally cast votes, and the senator’s lawyers have argued that he was carrying out a legitimate investigative function as a member of the Senate Judiciary Committee. In a bid to avoid testifying before the special grand jury last year, Mr. Graham waged a legal battle that made its way to the U.S. Supreme Court. Ultimately, he was forced to testify.Afterward, he said that he had spent two hours giving testimony behind closed doors, where he said he “answered all questions.”Mr. Graham has been critical of prosecutors in the Georgia case and the three other criminal cases against Mr. Trump, characterizing them as liberals who were “weaponizing the law” to unfairly target the former president.After the Georgia indictment, Mr. Graham told reporters in South Carolina that he was not cooperating with the Fulton County prosecutors, dismissing the idea as “crazy stuff.”“I went, had my time, and I haven’t heard from them since,” he said. More

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      Inside Fani Willis’s Georgia Investigation of Donald Trump

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      Fani T. Willis faced hiring challenges, threats, a judge’s reproach and a series of legal obstacles over her two-and-a-half-year investigation of Donald J. Trump.Fani T. Willis was barely three days into her new job as district attorney of Fulton County, Ga., when a potential case caught her attention.A recording had emerged of Donald J. Trump, in his waning days as president, telling Brad Raffensperger, the Georgia secretary of state and a fellow Republican, that he wanted to “find” nearly 12,000 votes, or enough to reverse his narrow 2020 election loss there. The call fell squarely in Ms. Willis’s new jurisdiction, since Fulton County includes the State Capitol building in Atlanta where Mr. Raffensperger works.Ms. Willis had inherited an office with a deep backlog of cases exacerbated by the pandemic, and had limited staff. But she knew almost immediately that she would investigate.“When allegations come about — about anything that would hamper society’s ability to believe in fair elections, or if there is even conduct that rises to the level of suspicion, I don’t think that I have a choice,” Ms. Willis said in February 2021, shortly after announcing that she had opened a criminal inquiry into the matter.Over the next two and a half years, what began as an examination of a single phone call became a sprawling investigation stretching across multiple counties and states and into the federal government. On Monday, Ms. Willis announced that a grand jury had indicted 19 people on 41 felony counts, including Mr. Trump and a number of his former top aides and allies, on charges that they had criminally conspired to overturn the results of the 2020 election in her state.That the most expansive case against Mr. Trump and his associates would emerge from a local prosecutor’s office in the Deep South was never a given.Her office faced frequent security concerns and threats as the investigation played out, many of them racist, leading Ms. Willis to have staff members outfitted with bulletproof vests.There was a parade of legal challenges from witnesses reluctant to testify in her investigation — including from Senator Lindsey Graham and Mark Meadows, Mr. Trump’s former chief of staff — though most eventually did so after losing court battles.Ms. Willis’s own political judgment became a sticking point when a judge berated her for headlining a fund-raiser for a Democrat rival of a state lawmaker who was one of the investigation’s potential targets.Through it all, she made clear that she would not be deterred. When she and a lawyer for Gov. Brian Kemp, a Republican, got into a disagreement over the terms of Mr. Kemp providing testimony in her investigation, Ms. Willis wrote to the lawyer in an email: “You have taken my kindness as weakness,” adding, “Despite your disdain, this investigation continues and will not be derailed by anyone’s antics.”Ms. Willis, center, with her team during proceedings to seat a special grand jury in May 2022.Ben Gray/Associated PressSecurity around the Lewis R. Slaton Courthouse in Atlanta was increased leading up the indictment announcement.Hilary Swift for The New York TimesWhile Ms. Willis has been depicted by Mr. Trump and his allies as a left-wing zealot, she is actually a centrist, law-and-order prosecutor. Only a few months before taking office, when she was facing a primary against her old boss, an anonymous flier circulated that superimposed a photograph of Ms. Willis standing next to Mr. Trump and branded her as a Republican.Before becoming district attorney, she was best known for helping lead a high-profile case a decade ago against a group of educators in the Atlanta public school system who were involved in a widespread cheating scandal. Some attacked her for prosecuting teachers and other educators, but she retorted in a 2021 interview that she was sticking up for children.“Y’all can put it in my obituary,” she said of the criticism.From the start of the Trump investigation, Ms. Willis floated the possibility of bringing charges under the state’s version of the Racketeer Influenced and Corrupt Organizations Act, or RICO, as she had done in the cheating case. One of her early hires as an outside consultant, in March 2021, was John E. Floyd, who wrote a guidebook on such laws, published by the American Bar Association.But the investigation was slow to develop. Today, Ms. Willis has about 10 people working on the case, including Mr. Floyd, out of a total work force of 370 people.Finding a lead prosecutor for what would be one of the highest-profile cases in the state’s history was another hurdle. After several candidates turned her down, she enlisted an old friend, Nathan Wade, a defense lawyer and former municipal court judge whose small firm handled personal injury cases as well as criminal defense.As the case heads toward trial, Ms. Willis’s office is prosecuting another sprawling racketeering case involving prominent local rappers accused of operating a criminal gang. That case has its own dramas slowing it down, including legal sparring over evidence of a goat sacrifice and jury selection that has already taken more than seven months.“We’re not one-dimensional, right?” Ms. Willis told a local radio station recently, adding that her office could pursue the election investigation “while making sure that, as you see, the murder rate is dropping in Atlanta. We can walk and chew gum at the same time.”By last summer, the Trump investigation took a critical turn on two fronts. A special grand jury was empaneled at Ms. Willis’s request. In Georgia, such juries cannot bring indictments, but can gather information for longer periods of time than regular grand juries can, giving them the ability to dig into complex issues.At the same time, the House committee investigating the Jan. 6 attack on the U.S. Capitol began its public hearings, and its fact-gathering would be a valuable source of information for the Georgia investigators.But Ms. Willis was soon found to have committed a misstep. In July 2022, the judge presiding over the case, Robert C.I. McBurney, barred her from pursuing charges against Burt Jones, a state lawmaker and Republican candidate for lieutenant governor in Georgia. Ms. Willis had headlined a recent fund-raiser for Mr. Jones’s Democratic rival.Ms. Willis, right, and Judge Robert C.I. McBurney of Fulton County Superior Court, in the process of seating a grand jury in July.Brynn Anderson/Associated PressThe police removed flowers and photographs of Ms. Willis that were placed outside the courthouse the morning after the indictment was announced.Amir Hamja/The New York Times“This scenario creates a plain — and actual and untenable — conflict,” the judge wrote in his decision, after noting during a hearing on the matter that “the optics are horrific.” By then, Mr. Jones, one of the 16 pro-Trump “alternate electors” in Georgia, had been told that he could face charges, along with the other fake electors. But any potential prosecution of Mr. Jones, who eventually won election as Georgia’s lieutenant governor, would have to be handled by another prosecutor.The special grand jurors spent the second half of last year interviewing about 75 witnesses over seven months.“We definitely started with the first phone call, the call to Secretary Raffensperger,” said Emily Kohrs, the forewoman of the special grand jury, in an interview in February.From there, they heard evidence about how votes and voting machines were handled. They discussed the vote counting that took place at State Farm Arena in downtown Atlanta, and the false claims that Rudolph W. Giuliani, Mr. Trump’s former personal lawyer, and other Trump allies made about ballot fraud taking place there.The jurors “talked a lot” about state legislative hearings that Mr. Giuliani spoke at in December 2020, spreading misinformation about the election, Ms. Kohrs said, “and then we talked some about events leading up to and immediately following the January phone call.”They also heard evidence about Trump allies breaching the election system in a rural county south of Atlanta in hopes of finding evidence that the election had been rigged.As the special grand jury’s work proceeded, Mr. Trump hired a high profile Atlanta lawyer, Drew Findling, who had represented rappers such as Cardi B, Gucci Mane and Migos.Mr. Findling tried repeatedly to derail the investigation, an aggressive strategy that is not unusual among Mr. Trump’s growing retinue of lawyers. Complications proliferated as a number of witnesses wavered, and by May more than half of the bogus Trump electors were cooperating with Ms. Willis’s office.Georgia judges also appeared to run out of patience with the Trump team’s filings. The State Supreme Court unanimously rebuffed Mr. Findling’s efforts to have Ms. Willis disqualified. And Judge McBurney, of Fulton County Superior Court, encouraged the Trump team to follow professional standards “before burdening other courts with unnecessary and unfounded legal filings.”This week, after the charges were announced, Mr. Findling and Mr. Trump’s other Georgia lawyers, Jennifer Little and Marissa Goldberg, said in a statement that they “look forward to a detailed review of this indictment which is undoubtedly just as flawed and unconstitutional as this entire process has been.’”With the indictment in the books, a new set of legal battles is now sure to begin. Ms. Willis has made clear that this is not an ordinary prosecution, going so far as to instruct many employees to work from home for the first half of August as charges loomed and security concerns built.Yet she has also emphasized that in some ways, she will treat the case against Mr. Trump like any other.If anyone interfered with the election, “I have a duty to investigate,” she said, adding: “In my mind, it’s not of much consequence what title they wore.” More

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      Judge Rejects Trump’s Effort to Short-Circuit Georgia Election Case

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      A Fulton County judge chided Donald Trump’s lawyers for “unnecessary and unfounded legal filings” ahead of indictments expected in mid-August.A Georgia judge forcefully rejected on Monday an effort by former President Donald J. Trump to derail an investigation into attempts by Mr. Trump and his allies to overturn his 2020 election loss in the state — an investigation that is expected to yield indictments in mid-August.Mr. Trump tried to get Judge Robert C.I. McBurney of the Fulton County Superior Court in Atlanta to throw out evidence collected by a special grand jury and disqualify the prosecutor overseeing the investigation, Fani T. Willis, the Fulton County district attorney.But in a nine-page order, Judge McBurney wrote that Mr. Trump did not have the legal standing to make such challenges before indictments were handed up. The judge said the “injuries” that Mr. Trump claimed to have suffered from the two-and-a-half-year investigation “are either insufficient or else speculative and unrealized.”The office of Ms. Willis, a Democrat, is expected to present potential indictments in the matter to a regular grand jury in the next few weeks.The Georgia investigation is part of a swirl of legal troubles surrounding Mr. Trump, who has already been indicted on state charges in New York connected with hush-money payments in 2016, and on federal charges over his retention and handling of classified documents after leaving office in 2021.He has also received a target letter as part of a federal investigation into wider efforts to reverse his defeat in the 2020 election, suggesting that he could be indicted again.In Atlanta, law enforcement officials have been stepping up security in anticipation of the grand jury proceedings there.Last week, officials put orange barriers around the Fulton County courthouse in downtown Atlanta. Ms. Willis has asked the F.B.I. for “protective resources” at the court complex, and has had some members of her staff outfitted with bulletproof vests. She has also announced remote-work days for many staff members during the first three weeks of August, and has asked judges not to schedule other trials for part of that time.A “special purpose” grand jury, which did not have indictment power, interviewed dozens of witnesses and subpoenaed documents over the course of roughly seven months. The jury then issued an advisory report recommending that a number of people be indicted on charges of violating Georgia laws, according to the jury forewoman.The specifics of those recommendations have not yet been made public, although the forewoman, in a February interview with The New York Times, strongly hinted that Mr. Trump was among the people recommended for indictment.Judge Robert C.I. McBurney forcefully rejected Mr. Trump’s efforts to derail an investigation into election interference in Georgia.Ben Gray/Associated PressJudge McBurney, in Monday’s ruling, seemed to have little patience for the arguments from Mr. Trump’s legal team, and he suggested that Mr. Trump’s lawyers were gumming up the legal process with frivolous filings.“In the future, counsel is encouraged to follow the professional standard of inquiring with chamber’s staff about timing and deadlines before burdening other courts with unnecessary and unfounded legal filings,” Judge McBurney wrote.To the Trump team’s assertions that Mr. Trump would be injured by an indictment, Judge McBurney appeared to allude to the fund-raising that Mr. Trump’s campaign had done, highlighting the criminal cases against him.“For some, being the subject of criminal investigation can, à la Rumpelstiltskin, be turned into golden political capital, making it seem more providential than problematic,” he wrote in a footnote. “Regardless, simply being the subject (or target) of an investigation does not yield standing to bring claim to halt that investigation in court.”A representative for Ms. Willis’s office declined on Monday to comment on the judge’s ruling. Lawyers for Mr. Trump could not immediately be reached for comment.Earlier this month, the Georgia Supreme Court unanimously rejected a filing with a similar aim from Mr. Trump’s Georgia legal team. That filing argued, among other things, that the special grand jury’s proceedings were “blatantly unconstitutional” and that Ms. Willis had made biased public statements.Mr. Trump’s challenge in Superior Court was joined by Cathy Latham, one of 16 Republicans who tried to cast bogus Electoral College votes for Mr. Trump in December 2020, and who has been named as a target of the investigation by prosecutors. Judge McBurney also rejected Ms. Latham’s filing in his order on Monday.In addition to finding that Mr. Trump’s and Ms. Latham’s challenges were premature, Judge McBurney pushed back against Mr. Trump’s contention that prosecutors had been improperly biased. The judge also appeared to criticize the former president for his attacks on Ms. Willis, who is Black and whom Mr. Trump has called a “local racist Democrat district attorney” who is seeking to harm him politically.“The drumbeat from the district attorney has been neither partisan (in the political sense) nor political, in marked and refreshing contrast to the stream of personal invective flowing from one of the movants,” the judge wrote.A third challenge from Mr. Trump’s lawyers is set to be considered by a judge in Cobb County, Ga., in a hearing scheduled for Aug. 10. The matter was moved to the county, which is an Atlanta suburb, after the chief judge in Fulton County Superior Court ruled that he and his fellow Fulton County judges were recused from ruling on that motion. Judge McBurney wrote on Monday that the challenge in Cobb County should now be considered moot. More

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      Trump Seeks Court Order to Throw Out Election Investigation in Georgia

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      Lawyers for the former president asked the state’s highest court to throw out the work of a special grand jury that investigated 2020 election interference and recommended indictments.In his latest legal maneuver, Donald J. Trump sought a court order on Friday that would throw out the work of an Atlanta special grand jury and disqualify Fani T. Willis, the prosecutor leading an investigation into election interference in Georgia.A decision on indictments looms in the investigation, which has been in progress for more than two years. Ms. Willis, the district attorney of Fulton County, has signaled that the decision will come in the first half of August; she recently asked judges in a downtown Atlanta courthouse not to schedule trials for part of that time as she prepares to bring charges.Mr. Trump’s lawyers made their request in a filing to Georgia’s Supreme Court. They want the court to throw out the evidence gathered by the special grand jury.Though the Georgia Supreme Court is predominantly Republican, the Trump legal team acknowledged in its filing that its latest stratagem was a long shot, conceding that it had identified “no case in 40 years” where the court had intervened in the way it seeks. “Then again, never has there been a case like this one,” it added.The investigation has examined whether the former president and his allies illegally interfered in the 2020 election in Georgia, where Mr. Trump lost narrowly to President Biden. The special grand jury heard evidence for roughly seven months and recommended indictments of more than a dozen people; its forewoman strongly hinted in an interview with The New York Times in February that Mr. Trump was among them. To bring any charges, Ms. Willis must now seek indictments from a regular grand jury.The Trump team’s filing raises a number of legal concerns, both about Georgia law relating to special grand juries and about how a special grand jury was used in this inquiry.Mr. Trump’s local legal team includes the lawyers Drew Findling, Marissa Goldberg and Jennifer Little. Their filing takes for granted that their client will be charged, saying that Ms. Willis “now seeks an indictment, the basis for which would be evidence unlawfully obtained during the special purpose grand jury’s proceedings.”The district attorney’s office had no immediate comment on the latest filing.Intervening in a potential criminal case before an indictment is even filed is complicated. Mr. Trump’s lawyers have already sought to scuttle the investigation with a motion, filed in March, to quash much of the collected evidence and take Ms. Willis off the investigation. To their frustration, the Superior Court judge handling the case, Robert C.I. McBurney, has yet to rule on the motion.“Stranded between the Supervising Judge’s protected passivity and the District Attorney’s looming indictment, Petitioner has no meaningful option other than to seek this Court’s intervention,” the lawyers wrote in their filing on Friday to the State Supreme Court.“Nothing about these processes have been normal or reasonable,” they wrote, adding that “the all-but-unavoidable conclusion is that the anomalies” are “because Petitioner is President Donald J. Trump.” More

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      Georgia Prosecutor Rebuts Trump’s Effort to Scuttle Elections Case

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      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 Prosecutor Seeks Removal of Lawyer in Trump Case

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      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

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      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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      in Elections

      Trump Legal Team Assails Georgia Inquiry

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      The lawyers said public comments by the forewoman of the special grand jury that investigated election interference had “poisoned” the process. But they have yet to challenge anything in court.ATLANTA — Lawyers for former President Donald J. Trump said late Wednesday that details divulged this week by the forewoman of a special grand jury investigating election interference by Mr. Trump and his allies had “poisoned” the Georgia inquiry. As of Thursday morning, however, the two lawyers had not filed any motions in court challenging the inquiry. Nor would they discuss what form such a challenge might take, saying only that they were weighing their options. “We’re just considering everything,” one of the lawyers, Drew Findling, said.Earlier this week, the forewoman, Emily Kohrs, spoke in interviews with a number of news outlets after The Associated Press identified her through a public records request. She said that the 23-person special grand jury, which can only make recommendations on whether prosecutors should indict, had made such recommendations for more than a dozen people in the case. Fani T. Willis, the Fulton County district attorney, who is handling the case, will ultimately make charging decisions and bring them to a regular grand jury.Ms. Kohrs declined to name names or say which laws the jurors believed had been broken. But asked if Mr. Trump was among those recommended for indictment, she told The New York Times: “You’re not going to be shocked. It’s not rocket science.” Some outside legal experts have said that Ms. Kohrs’s public comments present a headache, if nothing else, for prosecutors because the forewoman’s discussion of some elements of the case could be seen as diminishing the gravity of the proceedings. Others expressed doubt that they would have much impact, if any, on the case, in part because special grand juries cannot bring criminal charges.Jeff DiSantis, a spokesman for the Fulton County district attorney’s office, declined to comment on the Trump lawyers’ criticism of the case. He noted that the office had nothing to do with Ms. Kohrs’s media appearances.Mr. Trump is seen as having two main areas of particular legal jeopardy in the Georgia inquiry: the calls he made to pressure state officials to overturn the 2020 election, 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. Understand Georgia’s Investigation of Election InterferenceCard 1 of 5A legal threat to Trump. More