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Donald Trump could soon be indicted in Georgia. This is how we got here

Donald Trump and his allies may have committed crimes following the 2020 presidential election in Georgia

ATLANTA — The investigation started with a phone call

More than two and a half years later, the words that Donald Trump uttered in that conversation could land him in a Georgia courtroom.

Fulton County jurors could indict the former president and his allies in the next two weeks. Trump's attorneys have filed motion after motion to prevent potential prosecutions before they begin.

His legal team wants to disqualify Fulton County District Attorney Fani Willis and bury a special purpose grand jury report into potential election interference. While much of the report remains secret, Trump argues that the evidence collected in thee probe shouldn't be used by the district attorney's office or in future prosecutions.

RELATED: Atlanta judge orders partial release of Trump election investigation report

A potential Atlanta indictment would be Trump's fourth this year as he mounts a bid to retake the White House in 2024. 

The former president was indicted by New York prosecutors for allegedly falsifying business records in March. Trump was federally indicted in June tied to the mishandling of classified documents at his Florida estate.

DOJ special prosecutor Jack Smith brought additional federal charges against Trump earlier this month, tied to his alleged role in overturning the election.

Here are some of the key events that led to Georgia's 2020 election investigation and how the key players ended up here. (VERSIÓN EN ESPAÑOL)

Nov. 4, 2020: Trump says he ‘did win this election.’ Lawsuits start

While it was the Jan. 2, 2021 call between Trump and Georgia Secretary of State Brad Raffensperger that ultimately led to the Fulton County probe, it wasn’t the first time Trump made false claims about the election.

Before all of the votes were even counted, Trump was attempting to claim victory and making fraud claims in the early morning hours on Nov. 4, 2020. 

“This is a fraud on the American public,” he said. “This is an embarrassment to our country. We were getting ready to win this election. Frankly, we did win this election.”

On the same date, the Trump campaign and the Georgia Republican Party filed a lawsuit over alleged ballot issues in Georgia. It was the first of several Georgia lawsuits filed by Trump. None of them were successful.

Nov. 9-11, 2020: Senators call for Raffensperger to resign; Trump wants recount

Biden had taken the lead in Georgia, and Raffensperger refuted the former president’s false fraud claims. For that, Georgia’s then U.S. Senators — David Perdue and Kelly Loeffler — called for Raffensperger to resign as Georgia’s Secretary of State on Nov. 9.

They accused Raffensperger of failing to deliver “honest and transparent elections,” but cited no evidence to prove it. Raffensperger did not resign.

On Nov. 10, Trump and the Georgia GOP sent Raffensperger a letter demanding a quick recount. On Nov. 11, Raffensperger agreed. It would be the first of three recounts that confirmed Joe Biden won Georgia.

CNN reported in October 2022 that Loeffler was interviewed by the Fulton County special purpose grand jury investigating the post-election interference efforts by Trump and his allies.

Nov. 13, 2020: U.S. Sen. Lindsey Graham calls Raffensperger

On Nov. 13, Sen. Lindsey Graham (R-SC) called Raffensperger, and the parties dispute what occurred during the conversation.

Raffensperger previously said Graham asked about rejected absentee ballots based on signature matching, adding that the South Carolina Republican hinted Georgia election officials should throw out some ballots, he said.

Graham has denied this.

In an interview with the Jan. 6 Committee, Raffensperger was less direct in accusing Graham.

Graham mentioned a process credit card companies use to verify signatures, suggesting that the same process be used on 150,000 absentee ballots from Fulton County, according to Raffensperger's testimony.

Raffensperger told the committee that the suggestion made him "uncomfortable."

The call resulted in Graham testifying before the Fulton County Special Purpose Grand Jury after unsuccessfully fighting a subpoena. 

Dec. 3, 2020: False claims about 'suitcases of ballots' at State Farm Arena

Trump’s legal team, led by Rudy Giuliani, made several false claims about fraud that allegedly cost Trump the election during a seven-hour meeting of the Georgia Senate Judiciary Subcommittee on Dec. 3, 2020. The most notable was that Fulton County election workers pulled out “suitcases of ballots” to count in secret.

According to testimony provided to the Jan. 6 Committee by Raffensperger, election workers thought they were done counting for the night. Poll watchers left with the workers. County election director Rick Barron called the workers back to continue counting.

Workers were alone for about 40 minutes before a secretary of state investigator returned. All of it was on tape. The GBI and FBI investigated. No fraud was found.

Giuliani’s false claims eventually led to Trump supporters directing death threats towards two Fulton County election workers – Ruby Freeman and daughter Shaye Moss. 

For this and other involvement in Georgia, Giuliani testified before the special purpose grand jury.

A State Election Board investigation completed in June 2023 cleared Freeman and Moss of wrongdoing.

Dec. 5-6, 2020: Trump, GOP lawmakers want special session

Trump called Georgia Gov. Brian Kemp with a request. The president wanted Georgia’s top executive to call a special session of the state legislature to overturn the election results.

Kemp and then-Lt. Gov. Geoff Duncan had previously issued a statement pouring cold water on the special session idea because electing “a separate slate of presidential electors is not an option that is allowed under state or federal law.”

Kemp rebuffed the president’s request.

Four Republican state Senators – Brandon Beach, Greg Dolezal, Burt Jones and William Ligon – circulated a petition that also called for a special session. The special session never was called.

Jones, who now serves as Georgia’s lieutenant governor, was also part of Trump’s phony elector scheme. The elector scheme is explained further down in this story.

Dec. 7, 2020: Biden’s victory is certified

After three rounds of counting, Biden’s nearly 12,000-vote victory over Trump was certified. It was the first time a Democrat carried the state since 1992.

Related

Judge vows no 'rash decisions,' will now weigh possible release of Fulton County Trump probe report

Dec. 14, 2020- Trump's phony electors meet at Georgia capitol

On Dec. 14, 2020, 16 Georgians met in the state capitol and signed phony Electoral College certificates claiming Trump won the 2020 election.

The 16 are:

  • Joseph Brannan

  • James "Ken" Carroll

  • Vikki Townsend Consiglio

  • Carolyn Hall Fisher

  • Burt Jones

  • Gloria Kay Godwin

  • David G. Hanna

  • Mark W. Hennessy

  • Mark Amick

  • John Downey

  • Cathleen Alston Latham

  • Daryl Moody

  • Brad Carver

  • David Shafer

  • Shawn Still

  • C.B. Yadav

The electors were directed to use "complete secrecy" by Robert Sinners, Trump’s election day operations lead in Georgia for 2020. Sinners now serves as a spokesperson for the Georgia Secretary of State’s office.

All 16 electors were at risk of prosecution in the Fulton probe, CNN reported. 

The Prosecuting Attorneys' Council of Georgia will determine if Lt. Gov. Burt Jones should be investigated by a special prosecutor. Willis was disqualified from prosecuting Jones after she hosted a fundraiser for Democratic Lt. Gov. nominee Charlie Bailey ahead of the 2022 elections

Dec. 22-23, 2020: Meadows’ visit and Trump’s call to SOS investigator

In late December, Trump and then-White House Chief of Staff Mark Meadows spoke with Secretary of State investigator Frances Watson about Georgia's election results.

At the time, Watson was overseeing an audit of Cobb County absentee ballots. On Dec. 22, Meadows arrived in Cobb County with Secret Service agents. Meadows allegedly asked questions and attempted to enter the room where workers were reviewing absentee ballot signatures. Meadows was not allowed inside.

On a Dec. 23 call, Trump urged Watson to find “dishonesty.” Trump also claimed he won the state, and he made specific allegations about alleged fraud in Fulton County.

The Cobb audit concluded on Dec. 29. Of the 15,000 ballots reviewed, it found issues with only two envelopes.

Meadows testified before the special purpose grand jury.

Jan. 2, 2021: The Trump-Raffensperger call

This is the call that launched Willis’ investigation. On the call, Trump asked Raffensperger to “find” enough votes to give overturn Biden's victory.

Trump also suggested that Raffensperger could face criminal prosecution.

“You know what they did, and you're not reporting it,” Trump said. “That's a criminal offense, and you can't let that happen. That's a big risk to you.”

The call took place four days before Trump supporters stormed the U.S. Capitol and Biden’s Electoral College victory was confirmed by Congress.

Jan. 4 , 2021: U.S Attorney B.J. Pak resigns

B.J. Pak resigned as U.S. Attorney of the Northern District of Georgia.

Pak, a former Georgia state representative, was forced to resign by Trump over voter fraud claims, according to a report for the Jan. 6 committee.

Trump said Pak wasn't doing enough to investigate and wanted to fire him. Pak instead resigned, and Trump replaced him with Bobby Christine, who was the U.S. Attorney of the Southern District of Georgia.

Trump said Christine would "do something" about the claims of voter fraud.

Jan.6, 2021: The U.S. Capitol riot

A mob of Trump supporters stormed the U.S. Captiol, resulting in the deaths of five people. 

The goal was to prevent a joint session of Congress from certifying Electoral College documents, formalizing Biden's win.

Loeffler, Georgia's only sitting senator at the time, decided not to oppose the state's Electoral College votes after the riot.

Jan. 7, 2021: Copying of election data in Coffee County

Operatives working with Trump attorney Sidney Powell spent hours inside Coffee County voting headquarters, accessing and copying election software and data.

Former Coffee County GOP chair and fake Trump elector Cathy Latham was a key contact.

Surveillance footage shows Latham escorting operatives through the front door of the county's election office.

Texts reviewed by 11Alive and obtained through a years-long civil lawsuit challenging the security of Georgia’s electronic voting systems show Trump allies were invited to inspect the county's voting system.

“Huge things are starting to come together! Most immediately, we were granted access - by written invitation! - to the Coffee County systens (sic). Yay!”, said Trump attorney Katherine Friess in a Jan. 1, 2021 text message. 

The Coffee County breach remains under investigation.

February 2021: Willis announces investigation

Willis announced in February 2021 that her office was investigating Trump for possible violations of state law. The probe expanded from the Raffensperger call to various efforts by the former president and his allies to change the outcome of the race.

That includes the alleged copying of election data in Coffee County, the fake electors and other activities.

January 2022: Willis wants and gets special grand jury for election probe

As the investigation progressed, Willis requested a special purpose grand jury be formed. On Jan. 24, a majority of Fulton County Superior Court judges agreed with Willis’ request.

The jury started its work in May and interviewed 75 witnesses during its eight-month investigation.

Jan. 9, 2023: Grand jury ends its investigation

The Fulton County Special Purpose Grand Jury completed its work on Jan. 9. Its final report was given to Fulton County Superior Court Judge Robert McBurney. Willis has also seen the report.

Jan. 24, 2023: Judge weighs whether jury report should be public

McBurney heard arguments from the Fulton DA’s office and lawyers representing media outlets over whether the special purpose grand jury’s report should be made public on Jan. 24.

Willis and her office said that releasing the report before her office decides whether or not it will seek criminal charges is "dangerous."

Tom Clyde, attorney for the media outlets, argued that Georgia law is clear: The report should be published without delay and in its entirety. 

The report could recommend various people be prosecuted for their role in attempting to undermine Georgia’s 2020 election.

Feb. 13, 2023: Judge orders partial release of special purpose grand jury report

Judge Robert McBurney issued an eight-page order for the partial publication of the report.

McBurney ordered the introduction, conclusion and one additional section of the report (Section VIII) be made public later that week.

Section VIII of the report lays out how the jury "discusses its concern that some witnesses may have lied under oath during their testimony," according to McBurney's order. It does not however individually name anyone the grand jury specifically suspected of lying.

Media outlets have appealed the ruling, seeking full release of the report. The appeal remains active.

Feb. 16, 2023: Juror says more than a dozen indictments recommended by special grand jury

Emily Kohrs, the foreperson of the special purpose grand jury, told media outlets that jurors recommended indictments for more than a dozen people.

Kohrs, a 30-year-old Fulton County resident, refused to name the individuals recommended for indictment in her interviews with NBC News, the New York Times, CNN and other media outlets at the instruction of county Superior Court Judge Robert McBurney.

However, she seemed to drop hints about certain individuals.

“I don't think that there are any giant plot twists coming," Kohrs told NBC News.

Special purpose grand juries can't issue indictments in Georgia following a more than decade-old decision from the state appeals court. To seek indictments, the case must be presented to a regular grand jury.

Mar. 20, 2023: Trump makes first attempt to block potential indictment

Trump's attorneys filed the first motion to derail the 2020 election investigation in March.

They sought to permanently bury the special purpose grand jury report and disqualify Willis from the case.

Trump's legal team — attorneys Jennifer Little, Drew Findling and Marissa Goldberg — argue that public comments and actions taken by Willis, Fulton County Superior Court Judge Robert McBurney, and members of the special grand jury "violated the principles of fundamental fairness and due process" rights of Trump and other parties under investigation.

Further, the attorneys argue that the Georgia law governing special purpose grand juries is vague and unconstitutional, unfairly impacting people of interest in the investigation.

Cathy Latham, a fake Trump elector and former chair of the Coffee County Republican Party, joined Trump's motion in April 2023.

The motion sat for months before receiving a ruling.

As a result, Trump filed additional petitions with the Georgia Supreme Court and Fulton County Superior Court making the same requests. Those additional motions failed or were later withdrawn by Trump.

May 5, 2023: At least half of Trump electors have immunity deals

Willis reached immunity deals with at least eight of the Trump electors.

Kimberly Debrow, an attorney representing the group, revealed that deals were reached in April, according to Fulton County court documents filed in May

The identities of those who accepted deals were not revealed.

May 19, 2023: Willis signals August timeline for potential indictments

In a letter to Fulton County leaders, Willis hinted that potential indictments of Trump and his allies could come in August.

Willis said that roughly 70% of her staff would work remotely on July 31, Aug. 1, Aug. 7, Aug. 8, Aug. 10, Aug. 11, Aug. 14, Aug. 15, Aug. 17, and Aug. 18. She also requested that judges not schedule trials or in-person hearings from Aug. 7 to Aug. 14.  

The letter, while it made no mention of Trump, fueled speculation that charges could come during this time.

Jun. 10, 2023: Trump lashes out at Georgia Republican Convention

Trump spoke for nearly an hour and a half at the Georgia Republican Convention in June. During parts of his speech, he took aim at Willis.

The former president called Willis a "lunatic" and "Marxist" for her investigation into potential criminal interference in Georgia's 2020 election. Trump repeated unsubstantiated claims that the results were rigged. Georgia election officials have repeatedly said that no widespread fraud occurred.  

Jul. 11, 2023: Jurors who could indict Trump sworn in

The 52 Fulton County grand jurors who could indict Trump were sworn in on July 11.

There were 46 main jurors and six alternates selected. Fulton County has two juries. One meets on Mondays and Tuesdays. The second meets on Thursdays and Fridays.

This court term ends Sept. 1. Any potential indictments will be returned during this timeframe.

Jul. 31, 2023: Fulton judge shoots down Trump's motion fighting indictment

Fulton County Superior Court Judge Robert McBurney shot down Trump's March motion to bury the special grand jury report and disqualify Willis.

McBurney wrote Trump and Latham, the former Coffee County GOP chair, couldn't mount a legal challenge during the "pre-indictment phase."

"There will be a time and a forum in which Trump and Latham can raise their concerns about the constitutionality of the special purpose grand jury statutes, about the performance of this particular Special Purpose Grand Jury(and the judge supervising it), and about the propriety of allowing the Fulton County District Attorney to remain involved with whatever criminal prosecution -- if any -- results from the work of this Special Purpose Grand Jury," McBurney wrote. "That time is not now and that forum is not here." 

Aug. 4, 2023: Trump appeals to Georgia Supreme Court

Attorneys for the former president appealed McBurney's ruling to the Georgia Supreme Court, focusing their legal energy on this fight moving forward.

The appeal is pending.

Jul 31-Aug. 7, 2023: Witnesses reveal they are subpoenaed

Four witnesses told 11Alive they were subpoenaed to testify in front of Fulton County grand jurors.

Former Democratic state senator Jen Jordan and state representative Bee Nguyen told 11Alive that they received subpoenas. Both heard Giuliani speak at separate Georgia legislative hearings in 2020 where he pushed debunked claims of election fraud.

Independent Atlanta journalist George Chidi, who stumbled upon a meeting of Trump supporters posing as Trump electors, also told 11Alive that he was subpoenaed for both juries.

Chidi is "on call" status and will be given 48 hours notice before being asked to testify. He could be asked to appear between Aug. 7 and Aug. 31, according to documents reviewed by 11Alive.

Former Georgia Republican Lt. Gov. Geoff Duncan confirmed he has been subpoenaed by the grand juries in a social media post Aug. 8.

Related

Judge vows no 'rash decisions,' will now weigh possible release of Fulton County Trump probe report

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