ATLANTA – Georgia prosecutors investigating possible criminal interference in the 2020 presidential election by Donald Trump and his allies have notified several Republicans who were part of a phony election platform that they are “targets” of the investigation and could face charges, according to a court document filed Tuesday.
The information in the filing provides the latest insight into the rapidly moving and expanding investigation being led by Fulton County District Attorney Fani T. Willis, who requested a special grand jury earlier this year. Part of the investigation now focuses on the 16 Republicans who gathered at the Georgia Capitol on Dec. 14, 2020, as part of an attempt to falsely confirm the state’s Electoral College votes for former President Donald Trump, despite the fact that Joe Biden denied the state won.
The group included Georgia Republican Party leader David J. Shafer, lieutenant governor nominee Burt Jones, county-level GOP officials, a former state legislature and local conservative activists.
Attorneys for 11 of those 16 Republicans, including Shafer, said in a new court filing that their clients received grand jury subpoenas on June 1 and were notified in late June that they were being considered targets of the investigation and not witnesses. They argue in the filing that the subpoenas are “unreasonable and oppressive” and voters will invoke Fifth Amendment rights against self-incrimination after counseling with legal counsel. They viewed the new designation as a “publicity stunt”.
In the filing, voters claimed they were unaware of the broader legal effort by Trump’s legal team, including Rudolph W. Giuliani and John Eastman, to use the “alternate voters” list to contest the results of the 2020 presidential election. They further claim that the prosecutor’s investigation is a “political interference” resulting from “local passion and prejudice”.
That defense echoes a November 2020 legal memo by Trump’s legal adviser Kenneth Chesebro, also subpoenaed by Georgia’s special jury, which espouses an unorthodox legal theory based on the 1960 presidential election in Hawaii, during which the state briefly created two alternate electoral lists The state conducted a recount.
Jones, a state senator, received a letter telling him that a person familiar with the documents said he was also a target of the investigation. Yahoo News first reported that Jones and two other Republicans received the letters.
A “target” letter is often the last step a local or state attorney takes to inform an individual that they are likely to be charged before formal charges are filed. Jones has filed a motion to remove Willis from presiding over the case for co-sponsoring a fundraiser for Jones’ Democratic rival in the lieutenant governor’s race, Charlie Bailey.
In response to Jones’ request, the district attorney’s office wrote to the court that Willis should not be disqualified because Jones was “treated the same” as the other bogus voters and that none of the district attorney’s activities were “outside of the role as an officer of the law who… is specifically assigned to oversee the investigations of the grand jury for special purposes.
Brandon Beach, a state senator, was also served a “target” letter last week because prosecutors say his role was in facilitating communications between the fake voters and the Trump campaign, according to a person familiar with the documents. Internal communications from the campaign, obtained by The Post, show staffers knew the efforts were legally unsubstantiated and thus instructed constituents to exercise discretion in their activities at the Georgia Capitol.
The Fulton County Special Jury began its session in June and has identified more than 100 prospects. The panel has already heard testimony from Georgia Secretary of State Brad Raffensperger (R) and his associates, Georgia Attorney General Christopher M. Carr (R), state legislators and local poll officials. Georgia Gov. Brian Kemp (R) is scheduled to deliver an affidavit to the special jury next week.
In July, the grand jurors issued subpoenas against several members of Trump’s legal team, including Chesebro, Eastman, Giuliani, as well as attorneys Jenna Ellis, Cleta Mitchell, and conservative commentator Jacki Pick Deason.
Two members of Congress and close Trump allies have also been called into the probe. Rep. Jody Hice (R-Ga.) challenged the subpoena, denying that federal law allowed him to submit testimony to federal courts.
Sen. Lindsey O. Graham (RS.C.), of interest to the committee for his phone calls with Raffensperger about Georgia’s electoral system, cited the US Constitution’s speech and debate clause as protection from subpoenas. On Tuesday, Graham agreed to refer future challenges to the grand jury subpoena to state and federal courts in Georgia.
The January 6 Uprising
The House of Representatives special committee investigating the January 6, 2021 riot held a series of high-profile hearings throughout the summer. Read the latest hearing summary.
Congressional Hearings: The House Committee investigating the attack on the US Capitol has held a series of hearings to share its findings with the US public. The sixth hearing included explosive testimony from former White House staffer Cassidy Hutchinson.
Will there be fees? The committee could try former President Donald Trump for his role in the attack, Rep. Liz Cheney (R-Wyo.) said in an interview.
What we know about what Trump did on January 6: New details surfaced when Hutchinson testified before the committee and shared what she saw and heard on January 6.
The riot: On January 6, 2021, a pro-Trump mob stormed the US Capitol to stop the certification of the 2020 election results. Five people died that day or immediately after, and 140 police officers were attacked.
Inside the Siege: During the rampage, rioters came perilously close to entering the building’s inner sanctum while lawmakers were still there, including former Vice President Mike Pence. The Washington Post examined text messages, photos, and video to create a video timeline showing what happened on January 6th.