Trump's Legal Team Takes Action Against Atlanta DA, Asks Court To Toss Georgia Elector Case

LAWFARE: The Soros-backed prosecutor from Atlanta is fighting for her career as Trump attempts to have her removed after multiple ethical violations. His lawyers asked that DA Fani Willis and her office be barred from continuing to investigate him.https://t.co/vRdUnvT7Su pic.twitter.com/8KgRtqNgEL

— @amuse (@amuse) May 16, 2023

The Atlanta prosecutor has been investigating Trump for more than two years now and empaneled a special grand jury last year to compel testimony from people who she alleges would not have otherwise cooperated. This special grand jury, unlike its counterpart in New York, does not have the power to hand down indictments but it can submit a report with recommendations for the prosecutor. The grand jury has issued recommendations though much of the report remains private. 

The forewoman of that jury said the report made recommendations for multiple indictments. Emily Kohrs, the aforementioned forewoman, participated in a media tour and made a series of admissions that made even Vanity Fair write, "some legal experts fear could jeopardize the DA’s ability to nail Trump to a wall." The Washington Post similarly noted that "Several legal experts said they were surprised and concerned by Kohrs's unusually candid commentary, which included evaluation of witnesses, tidbits about jurors socializing with prosecutors and a stated hope that the investigation yields charges because of how much time she and others invested in the case."

The Post continued to note that the forewoman's slips added to Willis's problems and also registered her history of political prosecution of Republicans. "The remarks could cause additional challenges for Fulton County District Attorney Fani Willis, whose investigation has come under scrutiny for what some have described as legal and ethical missteps. Superior Court Judge Robert McBurney effectively barred Willis from investigating Lt. Gov. Burt Jones (R), who served as one of Trump’s false electors in Georgia, after Willis hosted a fundraiser for his opponent," read the aforecited article.

Trump's lawyers now argue before the court that the special grand jury "involved a constant lack of clarity as to the law, inconsistent applications of basic constitutional protections for individuals being brought before it, and a prosecutor’s office that was found to have an actual conflict, yet continued to pursue the investigation." The team asked that a different judge take up the case as the current judge oversaw the problems with the special grand jury.

Prosecutor Willis fought back and filed a defense of her action accusing Trump's motion of being "procedurally flawed" and lacking merit. She argued that the "exacting standards" for removing her from the case were not met, that Trump's team failed to prove that their client's rights were violated, that the jury was not "tainted", and that the law governing the jury was constitutional.

Trump's lawyers responded to her filing by saying, "The State’s reply was primarily procedural in nature and failed to address several of the critical substantive issues which were discussed at length in our brief and exhibits." It ought to be noted too that the Associated Press admitted in its article to filing a motion before the court arguing against Trump by demanding the special jury report be released to the public. Willis plans to move forward with a decision on whether to seek an indictment from a regular jury between July 11th and September 1st.

Problems with Willis's underlying case and the narratives surrounding "fake" electors have been manifold and pointed out by legal scholars. Despite these problems, as one of those legal scholars, Alan Dershowitz noted that the pressure to get Trump through political prosecution and conviction "may be irresistible."