ATLANTA – The special grand jury investigating efforts by Donald Trump and others to overturn Georgia’s 2020 election results recommended charges against twice as many people as the 19 prosecutors ultimately indicted, leaving the senator from South Carolina, Lindsey Graham, was among those not indicted.
The jury’s detailed report released Friday showed they recommended charges against 39 people, including Graham, former U.S. Sens. Kelly Loeffler and David Perdue of Georgia, and former Trump national security adviser Michael Flynn.
The report, released at the request of the special grand jury, provides insight into one of the largest investigations into Trump, who also faces multiple federal and unrelated state charges in New York City. While Republicans have accused Fulton County District Attorney Fani Willis of launching a cumbersome, overly broad case, the report suggests she used her discretion to streamline the case.
There are many reasons why Willis chose not to pursue all recommended charges, including immunity agreements with some, federal protections for others, or insufficient evidence to prove the charges beyond a reasonable doubt.
The special grand jury included Graham’s name in a section on “the national effort to overturn the 2020 presidential election,” which Trump, the incumbent Republican, lost to Joe Biden, a Democrat. The South Carolina senator, who was then chairman of the Senate Judiciary Committee, called Georgia Secretary of State Brad Raffensperger shortly after the November election, and Raffensperger said Graham asked him whether he had the authority to reject certain mail-in ballots.
Perdue and Loeffler were incumbent U.S. senators who failed to win enough votes in the November 2020 general election and were forced into a runoff election in January 2021, which they both ultimately lost to Democratic challengers. In the weeks following the election, they were vocal in their criticism of Raffensperger and even called for his resignation.
In an interview with a right-wing cable news network in mid-December 2020, Flynn said Trump “could use military capabilities” and place them in swing states and “basically redo an election in each of those states.” In November 2020, he also traveled to conservative attorney Lin Wood’s home in South Carolina, where Wood said meetings were held to discuss possible ways to influence election results in Georgia and elsewhere. The special grand jury also recommended charges for Wood.
Trump, the first candidate for the Republican presidential nomination in 2024, criticized the report on his website Truth Social, saying: “They wanted to impeach anyone who happened to be breathing at the time.”
Graham, who has denied any wrongdoing, said: “I think this country is falling apart. We have to be careful not to use the legal system as a political tool.”
Flynn referenced his lawyer Jesse Binnall’s post on
Wood, who spoke before the special grand jury after receiving a subpoena, said he had done nothing wrong: “It seems unfair to me that I should be vilified as someone recommended for indictment when the people have the power “To examine the evidence and bring charges.” has not charged me.”
Representatives for Perdue and Loeffler did not immediately respond to requests for comment.
Special grand jury chairwoman Emily Kohrs spoke about her experience in an interview with The Associated Press in February, followed by interviews in other print and television news outlets. She said the panel recommended charging several people but declined to name names, citing a judge’s decision not to release the full report at this time.
While Kohrs’ whirlwind media tour was attacked by Trump’s lawyers at the time and raised concerns among some Trump critics that it could jeopardize the investigation, the judge overseeing the special grand jury made clear that grand jurors are free to to talk about anything other than their consultations.
The panel heard from about 75 witnesses for seven months before completing a report in December with recommendations for Willis on the charges.
Disclosing the identities of the people recommended for indictment represents a departure from standard grand jury protocol, which requires prosecutors not to reveal the names of people who have been investigated but not indicted to prevent potentially innocent people be inappropriately denigrated.
Special grand juries are relatively rare in Georgia and are essentially an investigative tool. They do not have the authority to file charges, but can prepare a report with recommendations that are not binding on a district attorney, who must seek an indictment from a regular grand jury to file charges against anyone.
The special grand jury report is based on the testimony of witnesses called by the prosecution and the evidence they presented in the second half of last year. In their report, the jury made it clear that the panel “did not include election law experts or criminal lawyers.”
Of the 19 people ultimately indicted, only one was not included in the special grand jury’s recommendations. Michael Roman, a former White House aide and head of Trump’s Election Day operations, was involved in the effort to create a series of fake voters after the 2020 election.
Fulton County Superior Court Judge Robert McBurney ordered partial release of the report in February but declined to immediately release the panel’s recommendations on who should and should not be prosecuted. The judge said at the time that he wanted to protect people’s due process rights.
McBurney said in a new order filed Aug. 28 that due process concerns were moot because a regular grand jury indicted Trump and 18 others under the state’s anti-crime law. All have pleaded not guilty.
It is known that many of the defendants – including former New York mayor and Trump lawyer Rudy Giuliani and Trump White House chief of staff Mark Meadows – testified before the special grand jury. Trump was never called.
Portions of the report previously released in February included its conclusions as well as a section in which jurors expressed concerns that one or more witnesses may have lied under oath and urged prosecutors to file perjury charges.
Kate Brumback reports for The Associated Press.
Associated Press writers Eric Tucker and Mary Clare Jalonick in Washington, Jill Colvin in New York, Meg Kinnard in Columbia, S.C., Michelle R. Smith in Providence, Rhode Island and Jeff Amy in Atlanta contributed to this report.
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