Fulton County, Georgia DA Fani Willis released the full, unredacted special grand jury report on Donald Trump's state election interference and RICO case, and if anything, Willis showed remarkable if not adamantine restraint in the charges she actually brought.
The full special grand jury report that led to the criminal indictment of former President Donald Trump and 18 others for trying to overturn his 2020 Georgia election loss recommended also charging two former U.S. senators from the state, David Perdue and Kelly Loeffler, and current U.S. Sen. Lindsey Graham of South Carolina.
Neither of those three current and former Republican lawmakers were indicted last month by the regular Fulton County Superior Court grand jury that charged Trump and the other defendants.
The full 25-page report of the special grand jury, which finished its investigative work last winter, was released Friday morning.
The special panel had the power to subpoena evidence and testimony from witnesses but did not have the authority to issue indictments.
However, in addition to the three senators, the special grand jury also had recommended indictments be issued against 18 other people who were ultimately not charged by the regular grand jury last month, in addition to the people who did end up being indicted.
Those recommended for indictment, but not charged, included former Trump national security advisor Michael Flynn, Trump advisor and lawyer Boris Epshteyn, and campaign lawyer Cleta Mitchell, according to the report.
The special grand jury recommended that Graham, Perdue and Loeffler, along with others, should be indicted for crimes related to “the national effort to overturn the 2020 presidential election, focused on efforts in Georgia, Arizona, Wisconsin, Michigan, Pennsylvania, and the District of Columbia.”
Both Perdue and Loeffler, who were sitting senators at the time of the 2020 election, were defeated in early 2021 runoff elections by Democrats, Sens. Jon Ossoff and Raphael Warnock.
Trump’s continued false claims of election fraud in the 2020 presidential contest were seen as factors that led to the defeat of both Perdue and Loeffler, and Democrats taking majority control of the Senate in 2021.
Now, Willis clearly sought indictments for what she thought she could get convictions with and there's reasons as to why she didn't seek indictments against everyone in the recommendation. But the special grand jury sure as hell thought that both of Georgia's Republican senators as well as Huckleberry Graham ought to have been charged.
If only Graham could be voted out of office the way Perdue and Loeffler were.
On the other hand, the report is also sobering as it remains a reminder that while criminal juries need a unanimous verdict or a hung jury is reached, grand juries only need a simple majority to find probable cause, and none of the grand jury recommendations were unanimous on any of the people to consider charging, including charging Trump, and none of the RICO charges were either.
It'll only take one juror to spare Trump from any and all criminal consequences in any of the criminal trials he's facing, and that's a hard truth of our justice system.
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