Fulton County DA asks for special grand jury in Trump election probe

A major development in the investigation of possible election fraud involving former President Donald Trump, his then lawyer Rudy Giuliani, and others.  

Fulton County District Attorney Fani District Attorney Fani Willis has asked Fulton County Superior Court judges to impanel a special purpose grand jury to investigate possible attempts to disrupt the 2020 election.  

"This is extremely significant, said Georgia State law professor Clark Cunningham.

Cunningham says the request for a special grand jury to investigate allegations of a possible election crimes could send shock waves across the nation.

"It's the most serious thing you can ask for. The Grand Jury is being asked to investigate whether a crime has been committed," said Cunningham.

Cunningham believes Willis' investigation will ultimately take a hard look at the conduct and language of two of the nations’ most high profile politicians: Former President Donald Trump and his then lawyer Rudy Giuliani.

"I just want to find 11780 votes which is one more than we have," Mr. Trump said in a January 2021 phone call to the Georgia Secretary of State.


On a recorded phone call following his election defeat,  then-President Trump directly urged Georgia Secretary of State Brad Raffensperger to throw out what Mr. Trump considered to be fraudulent votes which would give him the electoral victory.

"It's very appropriate for a prosecutor and a grand jury here in Georgia to be at the lead of this inquiry, about finding out what happened and prosecuting if necessary those who are responsible," said Cunningham.

Cunningham also thinks Trump's lawyer Rudy Giuliani faces scrutiny for appearing before the Georgia senate committees insisting voting machines were flipping votes and the election was rigged.

Not so, Raffensperger told us last year.

(Do you feel like Mr. Giuliani lied?) "I don't believe he was truthful," Raffensperger told the I-Team.

In her letter to the Superior Court Chief Judge, obtained by the I-Team, DA Fani Willis doesn't name names, but says a special grand jury is needed because the investigation could be lengthy, and she wants grand jurors to concentrate on only one potential criminal investigation.  

By law, a special purpose grand jury does not have authority to issue indictments. But, it can make recommendations to another grand jury to seek indictments. It can also publish findings or a narrative of what the grand jury discovered if it doesn't feel a crime was committed.  

So, what will happen?

"The DA is a very careful and professional person, she is not, at this point   going to make a statement about whether there is evidence to convict someone or even indict them," said Cunningham.


Late Thursday, Mr. Trump issued a statement calling his earlier phone call to the Georgia Secretary of State,  "perfect." He pointed out that there were "numerous lawyers for both sides" on the call and all he did was ask for Mr. Raffensperger to "look into massive voter fraud which took place in Georgia."

Fulton County District Attorney Fani Willis holds a press conference on August 5, 2021. (FOX 5)

Brad Raffensperger, a Republican, conducted several recounts including one by hand, and concluded there was no evidence of significant voter fraud.

The letter says if the Fulton County Superior Court Judges approve a special purpose grand jury it indicates that grand jury could begin its investigation of allegations of election fraud  in May.