According to the Associated Press, the Georgia special grand jury investigation into Trump’s call to Brad Raffensperger as election interference, along with other possible illegal pressure (Lindsey Graham’s call), is wrapping up its final report. It is news to me that this is a “special grand jury,” one that only investigates and cannot issue indictments, only recommendations. I didn’t know, but the process makes some sense:
The grand jurors are expected to produce a final report with recommendations on potential further action. Fulton County Superior Court Judge Robert McBurney, who’s supervising the panel, will review the report and recommend to the court’s chief judge that the special grand jury be dissolved. The judges of the county Superior Court will then vote on whether to let the special grand jurors go or whether more investigation is necessary.
The special grand jury cannot issue indictments. Willis will decide whether to go to a regular grand jury to pursue criminal charges.
If the special grand jury recommends charges and if D.A. Willis believes Trump should be charged, expect Willis to impanel a grand jury of the type that “can indict a ham sandwich,” as the old cliche goes. If the recommendation is “Indict,” and if Willis decides to prosecute Trump, expect it to be a one-two day proceeding and an indictment rendered.
One of the biggest fears that all these prosecutors face is the looming possibility of jury nullification, the belief that it will be impossible to find 12 people in this country who could vote guilty in the jury room, no matter what they said during jury selection. The prosecutors likely believe it would be a loss if there were a hung jury. But there is punishment in facing a public trial in front of a jury. It would also force Trump to be held accountable, to answer for what he’s done, without regard to the verdict.
I, personally, have one hesitation. I am not sure it is good precedent to have a state charge an ex-president. It seems as though there should be a federal crime that applies, and a decision as huge as prosecuting an ex-president should – in my view – be done by the country itself, The United States of America versus… rather than The State of Georgia (or any other). Suppose Trump is charged and found guilty in Georgia and by Georgia. In that case, I fear that Joe Biden would almost have to stay outside of certain extremely red states and that certain states will start reviewing everything Obama ever did that could attach to that state’s jurisdiction. After all, you can indict a ham sandwich, and a public trial can be punishment in and of itself.
****
[email protected], @JasonMiciak, SUBSTACK
Believe me, if any Red State had anything on Obama or Biden, they would already have been indicted. Sometimes you have to do the right thing just because it is the right thing to do. If Fani Willis does indict, good on her. Her Grand Jury is investigating a crime TFG committed in her jurisdiction, so he should face judgment there. Plus there is the added bonus that in Georgia, the governor cannot pardon and a federal pardon doesn’t apply.
This is a great reply and I didn’t know the Gov couldn’t pardon. Thank you
On the other hand should politics determine who is charged in America? If so, let’s stop talking about Equal Justice Under Law. No one else, especially if you’re poor and can’t post bail, hire an army of attorneys, have no clout, may be the wrong race, etc., gets ANY consideration. Often prosecutors bend rules knowing they can steamroll someone into jail, and pad their resume as a politician. I have no tolerance for hypocrisy backed by guns/force, especially when it pays lip service to high ideals it uses to hide its crimes. Understand your point but when do we start to tell the truth? And if we don’t, what really separates us from trump’s cult? Just a matter of degree. If the law in NYC had done its job decades ago, he would have never sniffed the presidency. There are unintended consequences for looking the other way. Thousands of families at the border know that. Over a million families who lost people to his lies about covid know that. 140 injured police in DC know that. The families of the now 9 dead know that. The kurds know that. The examples are now endless. If Willis has the evidence…charge him. Try him and live with the outcome of a trial. Trying to engineer any future outcome is always a futile enterprise in my book.
I can’t argue that at all and believe it 100%.
1. I just believed that it had to be a concurrent federal crime (across state lines, too) and it would be my preference that he be charged by the Georgia U.S. attorney. But I want him charged anyway. I said the state thing was just bad precedent going forward only bc I know the GOP (as you do) and anything done to them, they’ll do 3x worse to Dems.
2. And I said that he should be charged even if the prosecutors worry about jury nullification by a locked jury. There is accountability even if the jury deadlocks, having to face trial and testify or not is more accountability than he has faced.
True and the law would have helped its reputation even if some magat lied during jury selection. Seems Willis is a serious woman who will do the right thing if the evidence warrants it…and we know it does since frump thinks he will remain above the law as he has to date, and leaves all kind of evidence. He evidently believes if you do it in the public eye, it’s golden. One of these days he’s going to find gravity is real…the ground meeting him after a fall will be a hard lesson, but necessary for our country.
A lot of people don’t think that cops and judges should be charged for the crimes that they commit either.