Here’s Why That’s Not True—And He Could Still Be Indicted Soon

Topline

Former President Donald Trump claimed on Truth Social Thursday that portions of a grand jury report released Thursday in an investigation into his attempts to overturn Georgia’s 2020 election was a “total exoneration” of him—but the redacted portions of that report could still call for him to be indicted, and some legal experts believe it likely did.

President Donald Trump raises his fist at a rally in Valdosta, Georgia, on December 5, 2020.

AFP via Getty Images

Key Facts

The special grand jury investigating the 2020 election was dissolved in January, and only the introduction, conclusion and one section of its final report was publicly released on Thursday, as a judge ruled that everything in the report that named specific people who may have committed crimes must remain private for now.

Trump responded to the report’s release by claiming it was “total exoneration,” thanking the grand jury “for your Patriotism & Courage” and saying, “The USA is very proud of you!!!”

It’s unclear what about the report Trump thought may have exonerated him: One of the only things the report’s public portions revealed was that the grand jury unanimously found no evidence of widespread voter fraud in Georgia as Trump claimed, meaning the grand jury didn’t believe there was a valid justification for his attempts to overturn it.

The public portions of the report did not include any recommendations for people to be indicted for charges stemming from attempts to overturn the election—but the redacted portions may, as Fulton County District Attorney Fani Willis and the judge overseeing the case argued they should be kept private to protect potential defendants from being publicly named before they’re formally indicted.

Legal experts cited by the Atlanta Journal-Constitution Friday speculated it’s likely the grand jury actually did recommend Trump be indicted, noting that the judge suggested in his order that the report recommends someone be indicted who didn’t testify before the grand jury—as Trump didn’t.

There’s a “high probability,” based on how Georgia Superior Court Judge Robert McBurney worded his order, “that Donald Trump is among those who are expressly referenced for potentially committing crimes,” Georgia State University constitutional law professor Anthony Michael Kreis suggested to the Journal-Constitution.

Crucial Quote

“The parts of the special grand jury’s report revealed on Thursday only reinforce Mr. Trump’s risk of prosecution,” legal experts Norman Eisen, E. Danya Perry and Amy Lee Copeland wrote in an op-ed for the New York Times Friday, warning the U.S. “need[s] to prepare for a first in our 246-year history as a nation: The possible criminal prosecution of a former president.”

What To Watch For

It’s still not clear when or if Trump will be charged in the Georgia investigation. If he is, charges may come relatively soon, as Willis told the court in January that decisions on indictments are “imminent.” The special grand jury cannot issue indictments itself and can only make recommendations, so any charges that Willis wants to bring would have to be brought to a second regular grand jury to issue. A Brookings Institution analysis of the Georgia investigation found that Trump could be charged for violating a number of Georgia election laws in his attempts to overturn the election, such as criminal solicitation to commit election fraud and conspiracy to commit election fraud, or on broader racketeering charges.

What We Don’t Know

Who else could face charges in the probe besides Trump. Willis suggested to the court that “multiple” people could be indicted, and far-right attorney Rudy Giuliani and GOP “fake electors” who submitted a false slate of electors claiming Trump won Georgia have also been named as targets in the probe. The Journal-Constitution notes several potential targets in the investigation also didn’t testify before the grand jury, meaning the judge could have been referring to them in his order for who may face indictments, including multiple private citizens who pushed election fraud efforts. The limited portions of the grand jury report released on Thursday also stated the grand jury believes some of the 75 witnesses who testified before it may have committed perjury by lying under oath. That suggests Willis may bring indictments for that in addition to crimes stemming from any post-election efforts.

Surprising Fact

Trump’s comments Thursday actually marked the second time the ex-president and his legal team have prematurely absolved him of wrongdoing in the Georgia investigation. Before a hearing took place in January to determine whether the grand jury report would be released, his attorneys released a statement saying they wouldn’t be present at the proceedings, and that Trump had not been asked to testify or subpoenaed at all in the probe. The attorneys said they “assume” that means the grand jury “concluded there were no violations of the law by President Trump,” though there was no concrete evidence to suggest that was the case.

Key Background

Trump waged a multi-pronged effort to overturn the 2020 election in Georgia, as he did across the country. While the ex-president filed a lawsuit in court that tried to undo the state’s results—which ultimately failed—he largely came under widespread scrutiny for a phone call with Secretary of State Brad Raffensperger, in which he urged the Republican secretary to “find” enough votes to overturn President Joe Biden’s win. Based on that phone call and Trump and his allies’ other post-election efforts, Willis opened an investigation into Trump in February 2021, and the special grand jury was convened in May 2022. The probe is one of several that could result in Trump potentially facing criminal charges, along with the Justice Department’s broader probe into January 6 and Trump’s post-election efforts, and a separate DOJ probe into the ex-president bringing classified White House documents with him to his Mar-A-Lago estate.