Legal experts say indictments likely coming following partial release of election grand jury report

ATLANTA — Two former prosecutors believe a special purpose grand jury looking into potential tampering in Georgia’s 2020 presidential election did recommend indictments as it investigated.

That special grand jury investigated a lot of aspects including a false electors meeting that happened at the State Capitol.

The prosecutors agree that indictments are coming, and they think they will include racketeering charges.

[TIMELINE: Fulton County grand jury investigation into potential interference in Georgia elections]

There wasn’t a lot of information in the partial special grand jury report that was released on Thursday, but it did find “no widespread fraud took place in the Georgia 2020 presidential election” and that “the grand jury believes that perjury may have been committed by one or more witnesses testifying before it.”

Channel 2′s Richard Elliot spoke to two former DeKalb County District Attorneys, Gwen Keyes-Fleming and J. Tom Morgan, about the report and what information might be there between the lines.

Both pointed out that while perjury is very difficult to prove in court by itself, but it can be used in a RICO, or racketeering, case.

“A RICO charge has what we call predicate acts. That means crimes alleged in the RICO charge itself and you only have to prove two of them,” Morgan said.

“It is a predicate act under RICO, which to me cuts towards that maybe the way she is going to go,” Keyes-Fleming said.


Both also point out that Fulton County District Attorney Fani Willis has extensive RICO experience, as do other attorneys in her office.

They say since the special grand jury found no evidence of widespread voter fraud, those who pushed those claims may be most at risk for indictment. That could include Rudy Giuliani and his team.

Keyes-Fleming and Morgan have worked with special purpose grand juries before, so Elliot asked them what comes next.

They said Willis will have to go through the evidence and see if there is enough to indict -- and who.

“What elements can you prove? Who committed the acts that relate to those elements? And you make your best case before a jury if it gets to that point,” Keyes-Fleming said.

Morgan thinks Willis already has much of the information she needs, and he thinks she’ll be taking it to a regular grand jury sooner rather than later.