Explained How Trump Allies Can Be Pressured To Testify In Ga.

Fulton County District Attorney Fani Willis opened the criminal investigation early last year, and the subcommittee stayed until May at her request. In a letter asking the county Superior Court chief justice to serve on a special jury, she cited the need to be able to issue subpoenas for witnesses who were otherwise unwilling to speak with her team. For witnesses who live outside of Georgia, the process of obtaining a subpoena is more involved. Willis began that process last week for seven Trump associates, including former New York Mayor Rudy Giuliani and U.S. Sen. Lindsey Graham, RS.C. WHY IS IT MORE COMPLICATED TO CALL AN OUTSIDE WITNESS? State courts generally do not have subpoena power beyond their state borders. Because of this, prosecutors must go through a multi-step process before they can compel an out-of-state witness to testify. WHAT SHOULD A PROSECUTOR DO? The prosecutor files a motion with the court explaining why the person’s testimony is “material and necessary” to the grand jury’s investigation. Because the prosecutor must justify forcing a person to travel to another state, the report can provide valuable insight into the otherwise secretive work of the grand jury investigation. For example, in several of the reports filed last week in the investigation, Willis alleged that there was “a multi-state, coordinated plan by the Trump Campaign to influence the results of the November 2020 elections in Georgia and elsewhere.” In each report, he described specific actions by the person whose testimony he sought to compel and identified the person’s “unique knowledge” that made his testimony necessary. WHAT IS THE ROLE OF THE JUDGES? If the judge in the jurisdiction where the prosecutor works agrees that the witness’s testimony is necessary, the judge issues a “material witness certificate.” This document is to be filed, along with the petition, in a court in the county where the witness lives in another state. Fulton County Superior Court Judge Robert McBurney, who oversees the special jury, last week signed off on Willis’ citations. The next step is for the Fulton County District Attorney’s office to work with local prosecutors in each state where witnesses live to file the documents with the courts there and serve notice on the person whose testimony is being sought. This notice tells the person to appear before a home state judge. If the person intends to contest the summons, the judge will set a hearing to determine whether a subpoena is appropriate that requires that person to travel to Atlanta to testify before the special grand jury. The witness has the right to be represented by a lawyer at the hearing. Fulton County prosecutors may travel to attend the hearing to provide support to local prosecutors and possibly testify as to why the person’s testimony is needed. At the hearing, the judge will determine whether the person is indeed a “material and necessary” witness and whether traveling to testify would cause the person undue hardship. If the judge agrees with the prosecutor, the judge would order the person to go to Atlanta. CAN THE WITNESS STATE THE SUBMISSION? Yes. The person could file an appeal from the state of origin, said Pete Skandalakis, executive director of the Georgia State Attorney General’s Office. But it’s more likely the person will file a motion in Georgia to try not to have to testify, he said. It’s then up to McBurney to decide whether the person must testify and whether limits should be placed on the questions prosecutors and grand jurors can ask. A person who fails to appear when ordered to testify can be found in contempt of court and face punishment that could include a fine or imprisonment. IF SOMEONE IS CALLED TO STATE AS A WITNESS, DOES THAT MEAN HE WILL NOT SUCCEED? No. Unlike a regular grand jury, a special jury can subpoena a target of an investigation. But the special grand jury cannot issue an indictment. When its investigation is complete, the special jury will issue recommendations. Willis is not bound by the special grand jury’s recommendations, and it is ultimately her decision whether to seek an indictment by a regular jury. Anyone subpoenaed can assert their Fifth Amendment right against self-incrimination when questioned before a special grand jury, Skandalakis said. IS TRUMP LIKELY TO BE INVITED? Yes. Willis could use that process to try to force testimony from the former president. Considering his past in legal cases, this could lead to a long court battle. WHAT CATEGORIES DO PROSECUTORS LOOK AT? In a letter Willis sent to top state officials last year, she said she was looking into “potential violations of Georgia law that prohibits inciting election fraud, making false statements to state and local government agencies, conspiracy, extortion, violation of oath, and any involvement in violence or threats related to the administration of elections”. Among the things Willis said her team is looking into is a Jan. 2, 2021 phone call in which Trump urged Georgia Secretary of State Brad Raffensperger to “find” enough votes to overturn his loss. phone calls Graham made to Raffensperger. and false allegations of voter fraud made by Giuliani and others during December 2020 legislative committee hearings at the state Capitol.