Portions of a report produced by a special grand jury in Georgia investigating attempts to disrupt the 2020 election will be released to the public, a judge said on Feb. 13.
The three parts—the report’s introduction and conclusion, and a section discussing how some witnesses may have lied under oath—“are ripe for publication,” Fulton County Superior Court Judge Robert McBurney said in an order.
“While publication may not be convenient for the pacing of the District Attorney’s investigation, the compelling public interest in these proceedings and the unquestionable value and importance of transparency require their release,” McBurney said.
The portions of the report that aren’t protected by legal precedent will be released on Feb. 16, according to McBurney.
Most of the report will remain under seal, at least for now.
That’s because the grand jury made recommendations to Willis pertaining to specific individuals, including some who never appeared before the body and had no chance to do so.
In a previous case involving Vernon Jones, the CEO of DeKalb County through the 2000s, Jones moved to keep the report sealed because he said his constitutionally protected rights would be violated if it were released. But an appeals court found that his due process rights weren’t being violated because he had an opportunity to testify before a grand jury under oath and that people he would have called as witnesses testified.
“In other words, the Court of Appeals determined, in that unique scenario, that Jones—who testified and who had all witnesses he would have called if presenting his side of the security detail story testify as well—enjoyed sufficient due process for the report to be published,” McBurney said.
“Here, however, for anyone named in the special purpose grand jury’s final report who was not afforded the opportunity to appear before the grand jury, none of those due process rights has been satisfied. And for those who did appear—willingly or not—only the right to be heard (although without counsel or rebuttal) was protected. Given that, the Court finds that full disclosure of the final report at this time is not proper under Thompson, Kelley, and their progeny,” he added, referring to Thompson v. Macon-Bibb Cnty. Hosp. Auth. and Kelley v. Tanksley.
The grand jury was tasked with investigating actions taken by former President Donald Trump and others in and relating to Georgia following the 2020 election.
Willis has described the actions taken at that time as possible unlawful election interference.
Former Trump lawyer Rudy Giuliani, Sen. Lindsey Graham (R-S.C.), and Georgia Attorney General Chris Carr are among the individuals who testified to the panel.
