Georgia’s Trump 2020 Investigation Heats Up Following Midterms

Topline

At least three major witnesses will likely testify before a special grand jury in Fulton County, Georgia, this week as part of an ongoing investigation into former President Donald Trump’s efforts to overturn the state’s 2020 presidential election, which is escalating following the midterm elections—and investigators are preparing to possibly issue indictments as soon as next month.

Key Facts

Georgia Gov. Brian Kemp (R) will testify in the probe on Tuesday, the Atlanta Journal-Constitution first reported Monday night, after a court ordered him to testify but allowed it to take place after the midterms, when Kemp ran for and won reelection.

Former White House aide Cassidy Hutchinson will testify on Wednesday, CNN reported Monday citing anonymous sources.

Hutchinson, who worked for former White House Chief of Staff Mark Meadows, previously made waves for her explosive testimony to the House January 6 Committee, including that Trump lunged at the steering wheel of his limo when told he couldn’t go to the Capitol building on January 6 and that Trump and Meadows were unfazed by the fact that some Trump supporters on January 6 were heavily armed.

Sen. Lindsey Graham (R-S.C.) is scheduled to testify to the grand jury on Thursday following a lengthy court battle, after the Supreme Court ruled Graham had to comply with the grand jury subpoena.

Graham will be able to dodge some questions that are related to his duties as a lawmaker, a lower court previously ruled, after the senator argued he should get out of testifying because of the “Speech and Debate” clause that gives members of Congress immunity from legal proceedings that relate to their official legislative work.

Former Trump national security advisor Michael Flynn is also set to appear in court Tuesday as part of his legal effort to fight a subpoena for his testimony.

What To Watch For

Other major witnesses set to still testify before the grand jury include former House Speaker Newt Gingrich, who was ordered to testify November 29 after trying to fight the subpoena in court, and Meadows, who a court has similarly said must appear before the grand jury. Meadows is still fighting that order in court.

What We Don’t Know

What will happen with the investigation—though major moves could be coming soon after Georgia’s runoff election on December 6. CNN reported in October that Fulton County District Attorney Fani Willis was refraining from making public statements on the investigation in the lead-up to the midterms, but is intending to “quickly wrap up” the probe afterwards, with indictments possibly coming out as soon as December. The special grand jury, which was convened in May for up to a year, can’t actually issue indictments themselves like a regular grand jury can. CNN notes Willis can convene a second regular grand jury if she has evidence of a crime, however, which could issue indictments even before the special grand jury disbands. Trump could face charges in the investigation for violating laws that prohibit soliciting election fraud, racketeering and making false statements, the States United Democracy Center notes, and a Brookings Institution analysis published Monday projected Trump “is at substantial risk of criminal prosecution” as part of the probe. In addition to Trump, his ex-attorney Rudy Giuliani and GOP officials in the state who submitted a false slate of electors to Congress have also been told they’re targets in the probe.

Key Background

Willis first launched her investigation into the 2020 election in February 2021, and the probe is one of two major criminal investigations into Trump’s attempts to overturn the election results, along with a separate investigation conducted by the Justice Department. The investigation was initially largely focused on Trump’s post-election phone call with Georgia Secretary of State Brad Raffensperger (R), in which he told Raffensperger to “find” enough votes to flip the presidential results, but sources cited by CNN note the probe has since grown much broader. Willis’ office is also reportedly investigating Trump and his allies’ false claims of voter fraud, the “fake elector” scheme to submit false results to Congress, efforts by Trump allies to access Georgia voting machines and targeted threats against election workers, per CNN.

Tangent

The Fulton County investigation’s escalation comes the same week Trump is likely set to launch his 2024 presidential bid, with an announcement expected on Tuesday. The ex-president has previously said he does not believe being indicted would be a “prohibition” on him running for office.

Further Reading

Fulton County, Georgia’s Trump Investigation (The Brookings Institution)

Kemp to testify before Fulton grand jury Tuesday (Atlanta Journal-Constitution)

Former White House aide Hutchinson will testify Wednesday before Atlanta-area grand jury (CNN)

Supreme Court Rejects Graham’s Bid To Avoid Testifying In Georgia Election Probe (Forbes)

Backgrounder: Fulton County Special Grand Jury Investigation Into 2020 Presidential Interference (States United Democracy Center)

Source: https://www.forbes.com/sites/alisondurkee/2022/11/15/georgia-trump-2020-investigation-fulton-county-heats-up-following-midterms/