2020 Georgia election investigation

The 2020 Georgia election investigation refers to an ongoing criminal investigation into alleged efforts by then-president Donald Trump and his allies to overturn the certified victory of Democratic candidate Joe Biden and award the state's electoral college votes to Trump. The Fulton County, Georgia district attorney launched an investigation in February 2021, leading to a special grand jury in January 2023 recommending indictments of numerous individuals; about twenty have been told they are targets who could face charges. The district attorney has said she is considering state racketeering charges.

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The investigation scope includes Trump pressuring Brad Raffensperger, the Republican Georgia Secretary of State, in a recorded phone call to "find" sufficient ballots for him to win the state. Trump personal attorney Rudy Giuliani and others met with state legislators to provide specious allegations of election fraud to encourage the legislature to convene a special session to reconsider its certified electoral vote that found Biden had won. Sixteen Trump supporters convened to create fraudulent slates of Trump electors. Republican senator and ardent Trump supporter Lindsey Graham asked the secretary of state if he could discard legally-cast ballots.

The investigation examines one facet of many attempts to overturn the 2020 United States presidential election, others of which are being investigated by the US Justice Department and the Smith special counsel investigation.

Background
Main article: Attempts to overturn the 2020 United States presidential election § Background

Accusations of electoral fraud

Throughout his 2016 presidential campaign, Trump repeatedly sowed doubt on the election certification process. Campaigning in Colorado, Trump claimed that the Democratic Party "[rigged] the election at polling booths".[1] In October 2016, Trump claimed that widespread voter fraud had occurred in the 2016 presidential election, through a series of tweets. These statements were echoed by Rudy Giuliani, Trump's legal advisor.[2]

Attempts to overturn the 2020 presidential election
See also: Trump fake electors plot

Following Trump's defeat in the 2020 presidential election, an outside advisor to Trump known as Kenneth Chesebro began drafting a plot to purport Trump supporters as electors.[3] Chesebro justified the plot using precedent set in the 1960 United States presidential election, by certifying a slate of electors declaring Trump the winner.[4] Attempting to overturn the results of the election, Trump called Georgia governor Brian Kemp, asking him to convene Georgia's legislators to select electors that would support him in the election, and requested an audit of absentee ballots.[5] Georgia certified the results of the election multiple times and reaffirmed Joe Biden's win in the state, including a final time on December 7, prior to the Electoral College vote a week later.[6]

Trump–Raffensperger phone call
Main article: Trump–Raffensperger phone call
Trump pressured Georgia Secretary of State Brad Raffensperger to overturn the results of the 2020 presidential election in Georgia

On January 2, 2021, Trump called Brad Raffensperger, the Georgia Secretary of State, pressuring him to alter the results of the 2020 presidential election in Georgia.[7] Trump's call with Raffensperger was obtained by The Washington Post the following day.[8]

Investigation

On February 10, 2021, Fani Willis, the district attorney for Fulton County, Georgia, began a criminal investigation into Trump's efforts to overturn the 2020 presidential election.[9] In September 2021, Willis began interviewing election officials and staff working under Raffensperger.[10]

Special grand jury

On January 20, 2022, Willis requested a special grand jury for her investigation into Trump.[11] The Superior Court of Fulton County granted the request four days later.[12]

February 2023 report

On February 13, 2023, Fulton County Superior Court Judge Robert McBurney ordered the release of three sections pertaining to the special grand jury's report.[13] The report was released on February 16; while largely sealed, the report concluded that some of the witnesses may have committed perjury.[14]

Immunity agreements

By May 2023, at least eight of the sixteen Republicans who allegedly participated in the fake electors scheme had accepted immunity deals to cooperate with Willis.[15]

Subpoenas

Willis subpoenaed multiple individuals in connection with the investigation.

Known subpoenas of individuals and organizations
Name Role Subpoenaed Deposition Notes
Rudy Giuliani Member of Trump's legal team July 5, 2022[16] August 17, 2022
Kenneth Chesebro Member of Trump's legal team July 5, 2022[16]
John Eastman Member of Trump's legal team July 5, 2022[16] August 31, 2022[17]
Jenna Ellis Member of Trump's legal team July 5, 2022[16] August 25, 2022[18]
Cleta Mitchell Member of Trump's legal team July 5, 2022[16]
Lindsey Graham U.S. Senator July 5, 2022[16] November 22, 2022[19] Though Graham objected to the subpoena, it was upheld by a federal judge,[20] an appeals court,[21] and the Supreme Court.[22]
Jacki Pick Deason Former Capitol Hill counsel July 5, 2022[16] — A Texas court said Deason does not have to testify.[23]
Brian Kemp Governor of Georgia August 4, 2022[24] November 15, 2022[25]
Mark Meadows Former White House Chief of Staff October 26, 2022[26]
Michael Flynn Former National Security Advisor November 15, 2022[27] December 8, 2022[28]

Allegation of defense attorneys misconduct

In April 2023, Willis alleged two attorneys representing ten Georgia Republicans under investigation for acting as fake electors of falsely representing they had informed their clients of immunity deals offered by investigators though they had not. Willis sought in a court filing to have one of the attorneys removed from the case. One Republican under investigation who was not represented by the two attorneys had accepted an immunity deal. One of the attorneys denied the allegation, while another was not available for comment.[29]

Responses

Trump's response

"The President participated in two perfect phone calls regarding election integrity in Georgia, which he is entitled to do—in fact, as President, it was President Trump's Constitutional duty to ensure election safety, security, and integrity."
- Trump spokesperson Steven Cheung[30]

Upon the release of excerpts of the special grand jury report, Trump spokesperson Steven Cheung defended Trump and the phone call made between Trump and Raffensperger.[30]

Other responses

Timothy J. Heaphy, the top investigator on the January 6 House select committee, has said he expects "indictments both in Georgia and at the federal level.”[31]

References

Citations
  1. Bowden & Teague 2022, p. 1.
  2. "US election 2016: Trump says election 'rigged at polling places'". BBC. October 17, 2016. Retrieved February 16, 2023.
  3. Savage, Charlie (October 12, 2022). "Lawyers Ask Court to Sanction Kenneth Chesebro Over Trump Fake Electors Scheme". The New York Times. Retrieved February 16, 2023.
  4. Feuer, Alan; Benner, Katie (July 27, 2022). "The Fake Electors Scheme, Explained". The New York Times. Retrieved February 16, 2023.
  5. Holmes, Kristen; Stracqualursi, Veronica (December 5, 2020). "Trump pressured Georgia governor in call to help overturn Biden's win in state". CNN. Retrieved February 16, 2023.
  6. Duster, Chandelis (December 7, 2020). "Georgia reaffirms Biden's victory for 3rd time after recount, dealing major blow to Trump's attempt to overturn the results". CNN. Retrieved February 16, 2023.
  7. Shear, Michael; Saul, Stephanie (January 3, 2021). "Trump, in Taped Call, Pressured Georgia Official to 'Find' Votes to Overturn Election". The New York Times. Retrieved February 16, 2023.
  8. Scanlan, Quinn (January 3, 2021). "Trump demands Georgia secretary of state 'find' enough votes to hand him win". ABC News. Retrieved February 16, 2023.
  9. Hakim, Danny; Fausset, Richard (February 13, 2021). "In Georgia, a New District Attorney Starts Circling Trump and His Allies". The New York Times. Retrieved February 16, 2023.
  10. Murray, Sara; Morris, Jason (September 17, 2021). "Georgia criminal probe into Trump's attempts to overturn 2020 election quietly moves forward". CNN. Retrieved February 22, 2023.
  11. Gringlas, Sam (January 20, 2022). "District attorney in Georgia asks for a special grand jury for Trump election probe". NPR. Retrieved February 22, 2023.
  12. "A special grand jury has been granted in Fulton County's Trump investigation". NPR. January 24, 2022. Retrieved February 22, 2023.
  13. Bailey, Holly (February 13, 2023). "Part of Georgia grand jury report on Trump election interference to be released". The Washington Post. Retrieved February 22, 2023.
  14. Bailey, Holly (February 16, 2023). "Georgia grand jury: 'Perjury may have been committed' in Trump election probe". The Washington Post. Retrieved February 22, 2023.
  15. Amy Gardner; Holly Bailey (May 5, 2023). "At least eight Trump electors have accepted immunity in Georgia investigation". The Washington Post.
  16. Brown, Matthew (July 5, 2022). "Georgia grand jury subpoenas Sen. Graham, Giuliani and Trump legal team". The Washington Post. Retrieved February 17, 2023.
  17. Cohen, Zachary; Murray, Sara; Morris, Jason (August 31, 2022). "Former Trump attorney John Eastman appears before Fulton County grand jury". CNN. Retrieved February 17, 2023.
  18. "Trump legal adviser Jenna Ellis appears before special grand jury in 2020 election probe". CBS News. August 25, 2022. Retrieved February 17, 2023.
  19. Murray, Sara; Youd, Chris (November 22, 2022). "Lindsey Graham testifies before Georgia grand jury investigating 2020 election aftermath". CNN. Retrieved February 17, 2023.
  20. Hamburger, Tom; Scott, Eugene (August 15, 2022). "Giuliani is target in Ga. criminal probe of 2020 election, lawyer says". The Washington Post. Retrieved February 17, 2023.
  21. Sneed, Tierney (October 20, 2022). "Atlanta investigators can subpoena Lindsey Graham in 2020 election investigation, federal appeals court rules". CNN. Retrieved February 17, 2023.
  22. de Vogue, Ariane; Murray, Sara; Sneed, Tierney (November 1, 2022). "Supreme Court rejects Lindsey Graham's request to block Georgia grand jury subpoena". CNN. Retrieved February 17, 2023.
  23. Murray, Sara; Morris, Jason (September 7, 2022). "Texas lawyer wins subpoena fight against Georgia prosecutors investigating Trump's efforts to overturn 2020 election". CNN. Retrieved February 17, 2023.
  24. Cheney, Kyle; Wu, Nicholas (August 17, 2022). "Kemp fights subpoena from Atlanta-area Trump probe after talks break down". Politico. Retrieved February 17, 2023.
  25. Johnson, Kevin (November 15, 2022). "Georgia Gov. Brian Kemp appears before Atlanta grand jury in election probe". USA Today. Retrieved February 17, 2023.
  26. Sneed, Tierney (October 26, 2022). "Mark Meadows ordered by court to testify in Georgia 2020 election meddling probe". CNN. Retrieved February 17, 2023.
  27. Morris, Jason; Sneed, Tierney (November 15, 2022). "Michael Flynn ordered to testify in Atlanta grand jury probe into Trump's election subversion". CNN. Retrieved February 17, 2023.
  28. Morris, Jason; Fiegel, Eric (December 8, 2022). "Michael Flynn appears before Atlanta grand jury probe into Trump's election subversion". CNN. Retrieved February 17, 2023.
  29. Danny Hakim; Richard Fausset (April 18, 2023). "Atlanta Prosecutor Seeks Removal of Lawyer in Trump Case". The New York TImes.
  30. Holmes, Kristen; Morris, Jason (February 16, 2023). "Trump campaign again touts "perfect" phone calls to Georgia election officials and says he did nothing wrong". CNN. Retrieved February 16, 2023.
  31. LeBlanc, Paul (2023-02-23). "House January 6 investigator says it's 'likely' 2020 election subversion probes will produce indictments". CNN Politics. Retrieved 2023-02-25.

Sources
  • Bowden, Mark; Teague, Matthew (2022). The Steal: The Attempt to Overturn the 2020 Election and the People Who Stopped It. New York City: Grove Press. ISBN 0-802-15996-6.
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