Reports: Fulton County grand jury probe heard unreleased Trump call recording

FULTON COUNTY, Ga. - A special grand jury that investigated whether Donald Trump and his allies illegally meddled in the 2020 election in Georgia heard a recording of the former president pushing a top state lawmaker to call a special session to overturn his loss in the state, according to reports.

Five members of the special grand jury reportedly say they heard a recording of a phone call between Trump and Georgia House Speaker David Ralston that had not previously been reported and has not been made public. Ralston, who died in November, did not call a special session in the weeks after the November 2020 election.

The five grand jurors — three men and two women — declined to be named because they were concerned about their safety and privacy.

Fulton County District Attorney Fani Willis opened the Georgia investigation in early 2021, shortly after another recording of a phone call between Trump and a top state official was made public. During that Jan. 2, 2021, phone call, Trump suggested that Georgia Secretary of State Brad Raffensperger could "find" the votes needed to reverse his narrow loss in the state.

"All I want to do is this: I just want to find 11,780 votes, which is one more than we have," Trump said during the call. "Because we won the state."

In a separate recording made public in early 2021, Trump can be heard talking to the lead investigator in Raffensperger’s office in December 2020, pressing her to look into Fulton County, saying she would "find things that are gonna be unbelievable." Trump also told her, "When the right answer comes out, you’ll be praised."

The special grand jury, which was seated in May, heard from about 75 witnesses and considered other evidence before wrapping up its work in December. It did not have the authority to issue indictments but instead produced a report with recommendations for Willis.

The foreperson of the special grand jury said in news interviews last month that the panel recommended that numerous people be indicted, but she declined to say who. It is ultimately up to Willis to decide whether to go to a regular grand jury to seek one or more indictments in the case. She said during a hearing in January that decisions in the case are "imminent."

What portion of the special Fulton County grand jury report is released?

Fulton County Superior Court Judge McBurney, who presided over the grand jury investigation, said he would allow three parts of the report to be released: the introduction, the conclusion, and section eight.

In section eight, McBurney says the special grand jury discusses its concern that "some witnesses may have lied under oath during their testimony."

Prominent Trump allies whose testimony was sought included former New York mayor and Trump attorney Rudy Giuliani, U.S. Sen. Lindsey Graham of South Carolina, former White House chief of staff Mark Meadows and former national security adviser Michael Flynn, as well as John Eastman and other lawyers who participated in Trump’s attempts to stay in power.

Some Trump advisers and allies fought Fulton County District Attorney Fani Willis' attempts to bring them in for testimony, but Willis prevailed in most cases.

High-ranking Georgia officials who testified include Secretary of State Brad Raffensperger and Gov. Brian Kemp.

Because the jury does not identify the witnesses in the report, Judge McBurney said the section could be released.

Willis had asked the judge not to release the findings saying that "decisions are imminent" and the release of the report could impact the possibility of a fair trial for "future defendants" connected to the probe.  She could ultimately go to a regular grand jury to pursue charges.

However, Judge McBurney acknowledged there was "great interest" in the results.

Former U.S. President Donald Trump speaks to reporters before his speech at the annual Conservative Political Action Conference (CPAC) at Gaylord National Resort & Convention Center on March 4, 2023 in National Harbor, Maryland. (Photo by Anna Mo

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Who could be charged after the special Fulton County grand jury?

Many believe Willis will pursue charges under the state Racketeer Influenced and Corrupt Organizations statute, commonly known as RICO. In a high-profile prosecution when she was an assistant district attorney, she used that law successfully to secure charges against Atlanta educators in a test cheating scandal. She has also used it more recently to target alleged gang activity.

The state RICO law, which is broader than the federal version, requires prosecutors to prove a pattern of criminal activity by an enterprise, which could be a single person or a group of associated individuals. It allows prosecutors to assert involvement in a pattern of criminality without having to prove that each person participated in every act.

As the special grand jury was working, Willis informed some people they were targets of the investigation, including Giuliani and the state’s 16 fake electors. It is possible others received similar notifications but haven’t disclosed that publicly.

The Associated Press contributed to this report.