×

Trump, 18 others indicted in Georgia

Grand jury returns 41-count indictment in ’20 election probe

ATLANTA — Donald Trump and 18 allies were indicted in Georgia on Monday, accused of scheming to illegally overturn his 2020 election loss in the state. It’s the fourth criminal case to be brought against the former president and the second this month to allege that he tried to subvert the results of the vote.

The indictment details dozens of acts by Trump and his allies to undo his defeat in the battleground state, including hectoring Georgia’s Republican secretary of state to find enough votes to keep him power, pestering officials with claims of voter fraud and attempting to persuade Georgia lawmakers to ignore the will of voters and appoint a new slate of electoral college electors favorable to Trump.

“Trump and the other Defendants charged in this Indictment refused to accept that Trump lost, and they knowingly and willfully joined conspiracy to unlawfully change the outcome of the election in favor of Trump,” says the indictment issued Monday night by the office of Fulton County District Attorney Fani Willis.

Other defendants included former White House chief of staff Mark Meadows, Trump’s personal attorney Rudy Giuliani and a Trump administration Justice Department official, Jeffrey Clark, who advanced his efforts to undo his election loss in Georgia.

The indictment bookends a remarkable crush of criminal cases — four in five months, each in a different city — that would be daunting for anyone, never mind a defendant simultaneously running for president.

It comes just two weeks after the Justice Department special counsel charged him in a vast conspiracy to overturn the election, underscoring how prosecutors after lengthy investigations that followed the Jan. 6, 2021 riot at the U.S. Capitol have now, two-and-a-half years later, taken steps to hold Trump to account for an assault on the underpinnings of American democracy.

Though the indictment is centered on Trump’s efforts to subvert election results in just one state, its sprawling web of defendants stands apart from the more tightly-targeted case brought by special counsel Jack Smith, which so far only names Trump as a defendant. The Georgia case also stands out because, unlike the two federal prosecutions he faces, Trump would not have the opportunity to try to pardon himself if elected president.

As indictments mount, Trump — the leading Republican candidate for president in 2024 — often invokes his distinction as the only former president to face criminal charges. He is campaigning and fundraising around these themes, portraying himself as the victim of Democratic prosecutors out to get him.

The indictment charges Trump with making false statements and writings for a series of claims he made to Georgia Secretary of State Brad Raffensperger and other state election officials on Jan. 2, 2021, including that up to 300,000 ballots “were dropped mysteriously into the rolls” in the 2020 election, that more than 4,500 people voted who weren’t on registration lists and that a Fulton County election worker, Ruby Freeman, was a “professional vote scammer.”

The Georgia case is unique for its sprawling nature and the potential that Trump could be charged alongside multiple associates and aides.

The Georgia prosecution is also notable for its chaotic conclusion. Even as prosecutors summoned as witnesses multiple former state officials, including the ex-lieutenant governor, the process hit an unexpected snag in the middle of the day, when Reuters reported on a document listing criminal charges to be brought against Trump. Those included state racketeering counts, conspiracy to commit false statements and solicitation of violation of oath by a public officer.

Reuters, which later published a copy of the document, said the filing was taken down quickly. A spokesperson for Fulton County District Attorney Fani Willis said the report of charges being filed was “inaccurate,” but declined to comment further on a kerfuffle that the Trump legal team rapidly jumped on to attack the integrity of the investigation.

The office of the courts clerk later released a statement that seemed to only raise more questions, calling the posted document “fictitious,” but failing to explain how it got on the court’s website. The clerk’s office said documents without official case numbers “are not considered official filings and should not be treated as such.” But the document that appeared online did have a case number on it.

Asked about the “fictitious” document Monday evening, the courts clerk, Che Alexander, said: “I mean, I don’t know what else to say, like, grace. … I don’t know, I haven’t seen an indictment, right, so I don’t have anything.” On the question of whether the website had been hacked, she said, “I can’t speak to that.”

Trump and his allies, who have characterized the investigation as politically motivated, immediately seized on the apparent error to claim the process was rigged. Trump’s campaign aimed to fundraise off it, sending out an email with the since-deleted document embedded.

“The Grand Jury testimony has not even FINISHED – but it’s clear the District Attorney has already decided how this case will end,” Trump wrote in the email, which included links to give money to his campaign. “This is an absolute DISGRACE.”

Trump’s legal team said it was not a “simple administrative mistake.” Rather it was “emblematic of the pervasive and glaring constitutional violations which have plagued this case from its very inception,” the lawyers said.

Legal experts said it was likely a clerical error listing charges prosecutors were planning to ask the grand jury to vote on. Prosecutors draft indictments and present them to the grand jury, which ultimately decides whether to hand charges down.

“I think this tells us what they are planning to present to the grand jury, and the grand jury could say no,” said Clark Cunningham, a Georgia State University law professor. He said while the error will give Trump’s legal team fodder to complain, “it will not scuttle the case.”

The posting may have prompted prosecutors to move more quickly to reach a conclusion Monday. Former lieutenant governor Geoff Duncan, who over the weekend said he’d also been asked to testify Tuesday, instead appeared before the grand jury Monday. He told reporters outside the courthouse that the 2020 election had been “fair and legal” and said now was the “opportunity to get the real story out.”

The document listing criminal charges filed midday Monday listed more than a dozen felony counts, including Georgia’s Racketeer Influenced and Corrupt Organizations, or RICO. Willis has long been expected to levy that charge against Trump and his associates, accusing them of participating in a wide-ranging conspiracy to overturn the state’s 2020 election results.

Two counts — including solicitation of violation of oath by a public officer — listed the date of offense as Jan. 2, 2021, which was when Trump during a phone call with Georgia Secretary of State Brad Raffensperger said he wanted to “find” enough votes to overturn his loss in the state. Other counts listed the date of offense as Sept. 17, 2021, which is the same day Trump sent Raffensperger a message urging him to investigate “large scale voter fraud,” decertify the election and “announce the true winner” if the investigation found the fraud.

Raffensperger and Gabriel Sterling, a fellow Republican who is also a top official in the secretary of state’s office, forcefully pushed back against allegations of widespread problems with Georgia’s election.

Starting at $2.99/week.

Subscribe Today