A Georgia special grand jury recommended charges against Republican Senator Lindsey Graham related to the 2020 election but likely refrained due to his political standing, constitutional barriers and potential trial testimony, legal experts told Newsweek.
The Fulton County grand jury's full report was released in full on Friday, over two years after originally convening to look into whether former President Donald Trump and his allies allegedly interfered with Georgia's electoral results. Their report was finalized on January 9 following a years-long investigation led by Fulton County District Attorney Fani Willis.
Last month, Trump and 18 others were charged with 41 total counts—including all facing one count in violation of the Georgia Racketeer Influenced and Corrupt Organizations (RICO) Act that makes it a crime to participate in a "pattern of racketeering activity" or conspiring to do so. All defendants have pleaded not guilty.
The nine-page report not only recommended charges against Graham, the South Carolina senator and an ardent Trump supporter, but also against former Georgia U.S. Senators David Perdue and Kelly Loeffler, former White House national security advisor Michael Flynn, current Georgia Lieutenant Governor Burt Jones, and attorney Lin Wood.
The grand jury voted 13-7, 14-6 and 17-4 in favor of indicting Graham, Loeffler and Perdue, respectively, including one abstention in each of the votes for Graham and Loeffler. Graham's "no" votes were the highest among those recommended to be charged aside from the alternate slate of electors.
One juror who voted against Perdue and Loeffler being indicted "believes that their statements following the November 2020 election, while pandering to their political base, do not give rise to their being guilty of a criminal conspiracy," according to a footnote within the report.
Graham told reporters Friday in South Carolina that Fulton County "is one of the most liberal jurisdictions" and that the indictment may open a "Pandora's box" in terms of being used as a political tool moving forward, such as if Republicans target their Democratic rivals.
A spokesperson for Graham offered no additional comment to Newsweek.
"While the report exonerates the Fulton County District Attorney's office, one has to wonder where these members got the idea that it could indict figures like Graham and Purdue for political speech," attorney and George Washington University Law School professor Jonathan Turley told Newsweek.
Turley said their not being indicted is hardly a surprise due to the likely "withering judicial rebuke" Willis would have received for charging them.
"However, these members were under the obvious belief that the law would support such criminalization of political speech," he added. "These recommendations did not spring from the head of Zeus. They followed presentations by the Fulton County district attorney."
Attorney Bradley Moss told Newsweek, with the caveat that the full amount of evidence and witness testimony Willis will present at trial remains unknown, it "appears more likely than not she intends to use individuals such as Mr. Graham as material fact witnesses instead of as co-defendants."
"This decision was likely due in part to the fact that charging a member of Congress would implicate murky constitutional issues tied up in Congress' legitimate role under the Electoral Count Act, whereas Mr. Trump, his lawyers and his political allies lack that authorized role in the certification process," Moss said.
Attorney Andrew Lieb said Friday's report reveals some key information long cloaked in mystery, that Graham was among one of the 30 co-conspirators in addition to the 19 indicted individuals.
"There are many possible explanations as to why [Graham] wasn't indicted," Lieb told Newsweek. "It could be that he is cooperating, there wasn't enough evidence, or just that it hasn't happened yet.
"Regardless, the Trump 'Big 19' must be thinking that he's cooperating as of this morning and the release of the report. At the very least, they need to be second-guessing every conversation that they ever had with him."
On Thursday, Willis issued a rebuttal to Republican Representative Jim Jordan after he said he would look into different reforms following her indictment of Trump. Jordan chairs the House Judiciary Committee and is a member of the House Oversight Committee.
"Your letter makes allegations that I have somehow used the investigation and prosecution about which you have inquired in a political manner," Willis addressed Jordan in part as part of a longer letter. "Nothing could be further from the truth."
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
Nick Mordowanec is a Newsweek reporter based in Michigan. His focus is reporting on Ukraine and Russia, along with social ... Read more
To read how Newsweek uses AI as a newsroom tool, Click here.
