Judge Hands Trump Another Loss in Georgia Election Probe

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A judge rejected former President Donald Trump's efforts to prevent an indictment in Fulton County, Georgia District Attorney Fani Willis' investigation into his actions surrounding the 2020 election.

Willis investigated whether Trump's phone call to Georgia Secretary of State Brad Raffensberger, in which the former president allegedly asked him to "find" enough votes to flip the election in his favor after he narrowly lost the traditionally Republican state in 2020, violated state election interference law.

While it remains unknown whether Willis will ultimately charge Trump in the case, she has said she would announce any charges by September 1 and indicated over the weekend that her office is prepared to take the next steps. Trump has maintained his innocence in the investigation, saying that Willis is investigating him for political purposes.

Trump's legal team in March filed a motion to quash the grand jury's final report, to "preclude" any state prosecuting agency from using any evidence discovered by the grand jury, and to disqualify Willis from any further investigations into alleged interference in the 2020 election.

Donald Trump Georgia
Former U.S. President Donald Trump at the Erie Insurance Arena on July 29, 2023, in Erie, Pennsylvania. A judge handed Trump a loss in his efforts of blocking the release of the Fulton County, Georgia,... Jeff Swensen/Getty

A judge on Monday rejected this effort. In a filing released Monday, Judge Robert C.I. McBurney wrote that the "silencing" of the report is "not what either statutory or case law generally allows."

With regards to Trump's effort to disqualify Willis, McBurney wrote that Trump would need a "significant showing" to justify the "bold request," including a conflict of interest or forensic misconduct. He wrote that "neither ground has been shown here."

He also rejected Trump's claims that Willis' investigation is based on her personal politics.

"The consistent—and persistent—theme has been the standard fare of 'pursuing the evidence where it leads us,' 'holding everyone accountable,' and 'no one being above the law,'" he wrote. "The drumbeat from the District Attorney has been neither partisan (in the political sense) nor personal, in marked and refreshing contrast to the stream of personal invective flowing from one of the movants."

Newsweek reached out to Trump's campaign for comment via email.

The ruling comes just days after Willis told Atlanta news station 11Alive that her office is "ready to go."

"The work is accomplished," Willis said. "We've been working for two-and-a-half years. We're ready to go."

Last week, videos posted to social media showed massive orange barricades being erected outside the Fulton County courthouse in Georgia, sparking speculation that an indictment could be looming in the coming weeks.

The forewoman of the special grand jury that heard evidence in the case strongly hinted in February that the former president was among more than a dozen people that jurors recommended for indictment.

Georgia Rejection Follows Other Courtroom Losses for Trump

The loss comes after a difficult week for the former president in regards to his legal woes.

The Department of Justice (DOJ) last week announced that Trump would face new charges in the classified documents investigation. The counts relate to federal prosecutors' allegations that Trump tried to remove security footage from his Mar-a-Lago estate and a document he allegedly discussed having, despite its classification, while being recorded.

Trump is also facing a potential indictment in the DOJ investigation into the January 6, 2021, riot, which saw a mob of his supporters storm the U.S. Capitol in a failed bid to block Congress from certifying President Joe Biden's electoral college victory. Trump wrote in a July 18 Truth Social post that he received a letter from Special Counsel Jack Smith stating he is a target of the investigation.

Update 07/31/23, 11:36 a.m. ET: This article was updated with additional information.

About the writer

Andrew Stanton is a Newsweek weekend reporter based in Maine. His role is reporting on U.S. politics and social issues. Andrew joined Newsweek in 2021 from The Boston Globe. He is a graduate of Emerson College. You can get in touch with Andrew by emailing a.stanton@newsweek.com. Languages: English.


Andrew Stanton is a Newsweek weekend reporter based in Maine. His role is reporting on U.S. politics and social issues. ... Read more