The attorneys for former President Donald Trump filed Monday a motion to overturn the report of a special jury that investigated whether any “coordinated attempts” were made to illegally alter the outcome in 2020 elections in Georgia by him or his associates.
Trump’s lawyers requested that all evidence derived from the special grand jury be declared unconstitutional in a 51 page filing. They requested that Fulton County district attorney Fani Willis be “disqualified” from any further investigation or prosecution of the matter, or any related matter, arising from the special purpose grand jury.
Willis’ office refused to comment on NBC News’ request.
Donald Trump boards his plane in West Palm Beach, Fla., on March 13.
Jabin Botsford / The Washington Post via Getty Images file
Trump’s lawyers used the Fifth and 14th Amendments to the Constitution as well as articles from the Georgia state Constitution to argue that the grand jury investigation was corrupted right from the beginning.
They claimed that the state laws authorizing the grand jury were “ambiguous and have left much to interpret” and that the process of the grand jury’s function and operation are “similarly scarce, unclear, and sometimes contradictory.”
Trump’s lawyers stated that “This is the framework in which the [Fulton County District Attorney’s Office] chose to conduct this investigation of undoubtedly historical and national significance.” “This framework has been shown to be unconstitutional and erroneous through this process.”
They claimed that the grand jury had “illegally compelled” the testimony and attendance of Georgia Gov. Brian Kemp was “despite his valid assertions of sovereign immunity” as well as “numerous witnesses from other states.”
They also criticised Willis for “routinely sitting for interview with different media outlets regarding this matter.”
Trump’s lawyers wrote that “prosecutors must be circumspect” and refrain from making comments that could materially prejudice a criminal proceeding.
They wrote that Willis “regularly expressed personal opinions about criminality of acts under investigation, thus suggesting the guilt of those being accused, and criticised the exercise of constitutional right of witnesses contrary to prosecutorial obligations of FCDA’s office.”
Trump’s lawyers also criticized Emily Kohrs, the jury foreperson. She was interviewed by several media outlets, including NBC News. They stated that the grand jury recommended indictments of more than a dozen people.
They wrote that “the foreperson’s now widely distributed statements have provided an insider’s view into the process — which otherwise has been historically secretive.” They also stated that her public statements “in themselves” violate fundamental fairness and due processes and could taint any future grand jury pool.
They also claim that the supervising Judge incorrectly designated the special purpose grand jury as a criminal matter instead of a civil matter. This, they argue, led to an improper investigation.
They claimed that the public could not have faith in the impartiality and soundness of this constitutionally flawed investigation. The final report reveals that the results of this corrupted investigation will adversely impact the due process rights and freedoms of the named persons. It must therefore be destroyed as it is against the principles of fundamental fairness.
Monday’s motion by Trump’s lawyers marks the first formal filing in the Georgia investigation.
In January the grand jury concluded its work and submitted a report to Willis. Robert McBurney, Fulton County Superior Court Judge, ruled that portions of the grand jury report can be made publicly. Willis’ office had requested that the report be kept secret for now.
Grand jurors stated that they believed some witnesses might have lied under oath.
Willis also reviewed Trump’s January 2021 telephone call with Brad Raffensperger, Georgia Secretary of State. In which he asked the top state election official to reverse Joe Biden’s victory in Georgia. “All that I want is this. I want to find 11,780 more votes than we have. Trump stated in the call that we won the state because of this.
Willis also investigated nearly a dozen Georgia “fake voters” during the 2020 presidential election. She was issued subpoenas last year and asked to appear before Fulton County’s special grand jury. After the 2020 election, false certificates purporting to be from Trump electors were sent by Republicans in seven battleground state that Biden won – Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin to the National Archives in Washington, D.C. This effort was unsuccessful.
Rose Horowitch and Rebecca Shabad contributed to this article.
