A judge ruled on Monday that a lawmaker who signed a certificate claiming that former President Donald Trump won the state cannot be questioned by the prosecutor looking into whether they attempted to improperly influence Georgia’s 2020 election.
Fulton County District Attorney Fani Willis hosted a fundraiser last month for Jones’ Democratic opponent in the November election for lieutenant governor, according to Superior Court Judge Robert McBurney, who agreed with Republican state senator Burt Jones.
During a hearing last week, McBurney claimed that Willis’ choice to organize the event was “Moment of “What are you thinking?” The visuals are awful.”
The judge stated that Willis will not be able to press charges against Jones but may still question further witnesses concerning Jones.
Jones was one of 16 Georgia Republicans who falsely claimed to be the state’s “duly elected and qualified” electors.
The Prosecuting Attorneys’ Council of Georgia, a nonpartisan organization of Georgia district attorneys, should instead appoint another prosecutor to determine whether any charges ought to be brought against Jones.
In a statement sent by email, Jones said: “Today’s ruling is a big triumph for our campaign—but more importantly, for due process and the rule of law in Georgia.”
According to spokesman Jeff DiSantis, Willis’ office was currently examining the ruling and had no immediate comment.
The judge’s ruling on Monday probably won’t have much of an impact on Willis’ ongoing inquiry into what she has referred to as “a multi-state, coordinated plan” by the Trump campaign to sway the outcome of the 2020 election.
But it served to discredit Willis and give support to those who had criticized her for pursuing a case that was politically motivated.
Willis was within her rights to host the fundraiser, but McBurney stated in his order that her choice “had implications.”
“She has given Senator Jones’ adversary the seal of approval from her office.
Since then, she has publicly identified Senator Jones as a “target” of the grand jury’s inquiry (in her filings)” The magistrate wrote.
“This situation generates a clear conflict that is both real and intolerable. The District Attorney’s decision on Senator Jones in relation to the grand jury investigation is unavoidably tainted by it.”
Willis serves as the special grand jury’s “legal advisor,” and according to McBurney’s order, she and her prosecutors “primarily shape the grand jury’s inquiry by subpoenaing witnesses and conducting their questioning.”
According to the order, Willis and her team are not permitted to subpoena Jones or attempt to obtain any records from him, publicly identify Jones as a target or a subject of the special grand jury’s investigation, or request that the special grand jury include any recommendations regarding him in its final report.
Willis was not disqualified from handling their cases by McBurney, who also declined to have subpoenas issued for the other 11 signers of the fraudulent electoral certificate.
Willis started the inquiry last year, and at her request, a special grand jury was convened in May.
When the inquiry is complete, the special grand jury will make recommendations rather than an indictment.
The decision to ask a regular grand jury for an indictment will then be up to Willis.