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Will Trump, allies be indicted in Georgia? The decision rests with 52 Fulton County residents

The swearing-in of new grand juries is usually mundane. But a former president could be indicted in Atlanta.

ATLANTA — The 52 Fulton County residents with the power to indict former President Donald Trump and his allies for criminally interfering in Georgia's 2020 election spent much of their Tuesday — waiting.

The mundane process, which happens at the start of every new court term, comes as the 46 main jurors and six alternates selected could force Trump into a courtroom for an unprecedented trial as he attempts to regain the White House next year.

District Attorney Fani Willis has previously said potential indictments will come by Sept.1, but she's hinted the charging decisions are expected in early to mid-August. Only one of the two grand juries will hear evidence tied to the election investigation.

The road ahead is long. And for much of Tuesday, they waited.

Roughly 100 potential jurors were called to appear early Tuesday morning. Their first names remained a secret, but their last names were read off a roster in the possession of McBurney and the district attorney's office. 

They were Fulton County residents with occupations ranging from homemaker to "explosion prevention dispatcher."

RELATED: How do grand juries work in Fulton County? | 2020 Georgia Trump investigation

Fulton County Superior Court Judge Robert McBurney, who oversaw the special purpose grand jury that initially investigated the claims against Trump, handled jury selection Tuesday. However, he will not oversee the juries during this court term.

McBurney told reporters it was by happenstance that he ended up taking on the task. Judge Shukura L. Ingram, who will serve as presiding judge, was on leave.

"She asked for volunteers, not revealing the significance of today," McBurney said. "Someone unwise volunteered. It's that mundane."

Speaking to potential jurors, McBurney explained the function and purpose of regular grand juries. He warned them of the increased media presence, directing reporters not to show the potential jurors on camera.

Credit: AP

The Trump investigation will not be the only one heard by jurors. They'll hear a range of cases ranging from robbery and assault to various other crimes. 

Willis, who arrived just before 10 a.m., introduced herself to the potential jurors before the questioning began.

McBurney asked the crowd by a show of hands if they were eligible to serve. To serve on a Fulton grand jury:

  • You must be a United States citizen.
  • You must be 18 years old.
  • You must currently reside in the county and have lived there for six months prior to serving on the jury.

Several factors — such as serving as a juror in the past 12 months, being deemed mentally incompetent by a court of law, or having a felony conviction — would disqualify residents from the jury pool. 

There must be 16 jurors present to conduct business, and at least 12 must vote to indict.

Certain hardships could get jurors excused. Alternates could fill in for jurors who had vacation plans. Tickets to an Atlanta Braves day game, however, weren't a hardship, McBurney told the crowd.

"It is a commitment of time," he said. "It is public service... It is an imposition on you, but it's a necessary imposition."

The opening remarks and questioning took nearly 45 minutes. At least 21 potential jurors claimed hardships that would prevent them from serving. 

They were questioned about their claims in a closed-off room. Others were also called to the room for questioning before the juries were picked.

Willis, McBurney and others on her staff spoke with that group for nearly two hours. The remaining crowd played on their cell phones or read books in hard, plastic black chairs with red foamy faux leather backs.

McBurney then banished reporters for roughly an hour as a Fulton County prosecutor gave instructions to new jurors. The room was reopened, and the jurors were sworn in just before 2 p.m.

The two juries will serve until Sept. 1.  An indictment in Atlanta will add to the former president's growing legal woes. 

The first came in March when New York Attorney General Alvin Bragg announced the former president faced 34 felony charges of falsifying business records. 

Trump was indicted last month on 37 federal charges in relation to his handling of classified documents at his Florida estate. Jack Smith, special counsel appointed by Attorney General Merrick Garland, has led the investigation.

Trump is the first president — former or current —  to be indicted for criminal activity.

In his final remarks to the new jurors, McBurney asked them to be diligent, to keep proceedings secret, and to base their decisions on facts.

"The only thing that's public about what you do is the indictment that comes out," he said.

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