March 23, 2023

On Jan. 2, 2021, President Donald Trump called Georgia Secretary of State Brad Raffensperger and asked him to “find 11,780 votes” to overturn the results of the state’s presidential election.

It was a call that may go down in history as the launching pad of a criminal inquiry. Atlanta-area prosecutors have conducted a wide-ranging investigation into whether the Trump campaign and its allies illegally interfered in Georgia’s 2020 vote and electoral certification.

Why We Wrote This

The U.S. continues to edge toward a fraught moment of decision: Plotting to overturn an election is not the sort of thing a democracy can overlook, experts say. Others point to a need to think carefully before prosecuting a president for talking to an election official.

Now that probe has reached a turning point. A special grand jury empaneled by Fulton County District Attorney Fani Willis has wrapped up its work and written a final report. A judge is weighing whether to publicly release the document. On Tuesday, Ms. Willis said a decision on whether to indict the former president and his associates was “imminent.”

Thus, it is possible that Georgia will be the first place America might encounter the political and legal ramifications of court action against a former leader.

For Norm Eisen, senior fellow at the Brookings Institution and co-author of a lengthy study of the case, “Probably the most important question for our democracy is whether there are charges against the former president, to the extent that the attempted coup intersected with Georgia.”

On Jan. 2, 2021, President Donald Trump called Georgia Secretary of State Brad Raffensperger and asked him to “find 11,780 votes” to overturn the results of the state’s presidential election.

It was a call that may go down in history as the launching pad of a criminal inquiry. Since then, Atlanta-area prosecutors have conducted a wide-ranging investigation into whether the Trump campaign and its allies illegally interfered in Georgia’s 2020 vote and subsequent electoral certification activities.

Now that probe has reached a turning point. A special grand jury empaneled by Fulton County District Attorney Fani Willis has wrapped up its work and written a final report. Following a Jan. 24 court hearing, a state judge is now weighing whether to publicly release the document.

Why We Wrote This

The U.S. continues to edge toward a fraught moment of decision: Plotting to overturn an election is not the sort of thing a democracy can overlook, experts say. Others point to a need to think carefully before prosecuting a president for talking to an election official.

Ms. Willis will then weigh whether to indict Mr. Trump and associates who helped try to influence the Georgia results. She appears to be nearing a fateful decision more quickly than the federal investigation overseen by special counsel Jack Smith – on Tuesday, she said a decision was “imminent.”

Thus, it is possible that Georgia will be the first place America might encounter the political and legal ramifications of court action against a former president. Some analysts believe the Georgia case has weaknesses and Ms. Willis may give it a pass. Others think it is strong and that an indictment is the most likely outcome.

Fulton County District Attorney Fani Willis (right) talks with her team during proceedings to seat a special purpose grand jury on May 2, 2022, to look into the actions of former President Donald Trump and allies who tried to overturn the results of the 2020 election. On Tuesday, she announced that decisions on whether to indict were “imminent.”

“Probably the most important question for our democracy is whether there are charges against the former president, to the extent that the attempted coup intersected with Georgia,” says Norm Eisen, senior fellow at the Brookings Institution and co-author of a lengthy study of the case.

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