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Georgia prosecution of Donald Trump, 2023-2024

From Ballotpedia
Donald Trump indictments, 2023-2025
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New York prosecution
Defendant:Donald Trump (R)
Prosecutor:Alvin Bragg (D)
Judge:Juan Merchan
Court:New York Supreme Court

Important dates
Sentencing: January 10, 2025[1]
Verdict: May 30, 2024
Trial: April 15, 2024[2]
Arraignment: April 4, 2023
Indictment: March 30, 2023
Federal prosecution (classified documents case)
Defendant:Donald Trump (R)
Prosecutor:Jack Smith
Judge:Aileen Cannon
Court:Southern District of Florida

Important dates
Appeal dismissed: Nov. 26, 2024
Case dismissed: July 15, 2024
Arraignment: June 13, 2023
Indictment: June 8, 2023

Federal prosecution (2020 election certification case)
Defendant:Donald Trump (R)
Prosecutor:Jack Smith
Judge:Tanya S. Chutkan
Court:United States District Court for the District of Columbia

Important dates
Case dismissed: November 25, 2024
Arraignment: August 3, 2023
Indictment: August 1, 2023

Georgia prosecution
Defendant:Donald Trump (R)
Prosecutor: N/A (formerlyFani Willis (D))
Judge:Scott McAfee
Court:Fulton County Superior Court

Important dates
Trial:TBD
Arraignment: Waived[3]
Indictment: August 14, 2023


See also
Noteworthy criminal misconduct in American politics (2023-2024)Impeachment of Donald Trump, 2021Impeachment of Donald Trump, 2019-2020

Former PresidentDonald Trump (R) was indicted on 13 criminal charges related to interference in the2020 presidential election results in Georgia. Trump pleaded not guilty on August 31.[4] JudgeScott McAfee struck three of these charges for lack of specificity on March 13, 2024, and struck an additional two charges based on the U.S. Constitution'sSupremacy Clause on September 12, 2024.[5][6]

Fulton County District AttorneyFani Willis (D) filed the indictment inFulton Superior Court in Georgia, but theGeorgia Court of Appeals removed her from the case on December 19, 2025.[7] Before Trump assumed office as the 47th president, the case was heard by JudgeScott McAfee.[8]

The indictment was unsealed on August 14, 2023, the same day it was announced that the grand jury had voted to issue an indictment.[9] It included the following charges against Trump:[9]

  • violation of Georgia's Racketeer Influenced and Corrupt Organizations (RICO) Act;
  • conspiracy to impersonate a public officer, to commit first degree forgery, to commit false statements and writings, and to file false documents;
  • filing false documents; and
  • issuing false statements and writings.

The indictment included a total of 41 criminal counts related to interference in Georgia's 2020 presidential election results against 19 defendants, including Trump, former New York MayorRudy Giuliani (R), former White House Chief of StaffMark Meadows, former Georgia Republican Party ChairmanDavid Shafer, and Georgia State SenatorShawn Still (R), among others.[9] McAfee struck six of these counts in March 2024 due to lack of specificity.[5] To view a full list of defendants and the charges issued against each,click here.

Trump's campaign issued a statement shortly before the indictment was released, saying, "GA's radical Democrat District Attorney Fani Willis is a rabid partisan who is campaigning and fundraising on a platform of prosecuting President Trump through these bogus indictments. [...] They are taking away President Trump's First Amendment right to free speech, and the right to challenge a rigged and stolen election that the Democrats do all the time."[10]

In a press conference after the indictment was released, Willis said, "I remind everyone here that an indictment is only a series of allegations based on a grand jury's determination of probable cause to support the charges. It is now the duty of my office to prove these charges in the indictment beyond a reasonable doubt at trial."[11]

The indictment followed a special grand jury investigation into whether Trump and his allies attempted to change the outcome of the 2020 presidential election in Georgia. The grand jury convened in May 2022, and completed its investigation in January 2023.[12]

This page contains information about Trump's prosecution in the state of Georgia. For information about his prosecution in the state of New York for falsifying business records,click here. For more information about his federal prosecution related to the handling of classified documents,click here, and for information about his federal prosecution related to interference in the certification of the 2020 presidential election,click here.

Upcoming dates

As of February 15, 2024, Ballotpedia had not identified any noteworthy upcoming dates in this trial. See something we missed?Email us.

Timeline

The section below provides a timeline of events related to the indictment of Trump in the state of Georgia.

  • December 19, 2024: TheGeorgia Court of Appeals ruled to remove Willis from the case.[13]
  • September 12, 2024: McAfee struck Counts 14, 15, and 27 from the indictment. Trump had been charged on two of these counts. McAfee ruled the charges should be thrown out based on the U.S. Constitution'sSupremacy Clause.[6]
  • June 5, 2024: TheGeorgia Court of Appeals stayed proceedings in this case pending the resolution of an appeal related to whether Willis should be allowed to continue in her role as prosecutor.[14]
  • March 15, 2024: McAfee ruled that either Willis and her office or special prosecutor Nathan Wade would be permitted to continue with the prosecution if the other withdrew from the case. The same day, Wade resigned, allowing Willis and her office to continue with the prosecution.[15][16]
  • March 13, 2024: McAfee struck Counts 2, 5, 6, 23, 28, and 38 from the indictment. Trump had been charged on three of these counts. Defendants challenged the specificity of the charges, which all related to solicitation of violation of oath of office. McAfee ruled the charges lacked specificity and struck them from the indictment, but said the prosecution could refile the charges.[5]
  • February 2, 2024: Willis filed a response to the motion requesting her removal from the case that said Willis did not have a personal relationship with Wade at the time of his appointment, that the personal relationship that developed between Willis and Wade did not constitute a conflict of interest, and that "the personal relationship between Special Prosecutor Wade and District Attorney Willis has never involved direct or indirect financial benefit to District Attorney Willis."[17]
  • January 8, 2024: An attorney defending Michael Roman filed a motion alleging thatFani Willis (D) improperly hired Nathan Wade as a special prosecutor because they were in a romantic relationship at the time of his hiring and that Willis had benefitted financially from hiring Wade. The motion requested that the Willis, Wade, and Willis' office be disqualified from prosecuting the case.[18]
  • October 24, 2023: Defendant Jenna Ellis entered a guilty plea to one felony count as part of a plea deal, meaning she will not go to trial.[19]
  • October 20, 2023: Defendant Kenneth Chesebro entered a guilty plea to one felony count as part of a plea deal, meaning he will not go to trial.[20]
  • October 19, 2023: Defendant Sidney Powell entered a guilty plea to six misdemeanor counts as part of a plea deal, meaning she will not go to trial.[21]
  • September 29, 2023: Defendant Scott Hall entered a guilty plea to five misdemeanor counts as part of a plea deal, meaning he will not go to trial.[22]
  • September 14, 2023: JudgeScott McAfee granted a request from Sidney Powell and Kenneth Chesebro to sever their trial from that of the 17 other defendants in the case. Their trial was scheduled to begin October 23, 2023.[23][24]
  • August 31, 2023: Trump waived his right to appear at an arraignment, pleading not guilty to the charges via a court filing.[25]
  • August 24, 2023: Trump appeared in Georgia to be booked on his charges.[26]
  • August 14, 2023: The indictment was unsealed. It contained a total of 41 charges against 19 defendants. Trump was charged with 13 criminal counts.[9]
  • January 9, 2023: Fulton County Superior JudgeRobert C. McBurney announced the special grand jury investigation was complete.[12]
  • May 2, 2022: The members were selected for a special grand jury investigating whether Trump or others interfered in the 2020 presidential election results in Georgia.[12]
  • February 10, 2021: Fulton County District AttorneyFani Willis (D) announced her office would launch a criminal investigation into whether Trump or his allies attempted to change the 2020 presidential election results in Georgia.[12]
  • December 7, 2020: After a machine recount of the presidential election results in Georgia was completed on December 4 with no change in the outcome of the election identified, Georgia Secretary of StateBrad Raffensperger (R) re-certified the election results.
  • November 20, 2020: Media outlets identifiedJoe Biden (D) as the winner of the presidential election in Georgia following a hand-count audit of ballots cast in the presidential election. Biden defeated Trump 49.5% to 49.3%.

Legal team

As of March 12, 2024, Trump's legal team in this case included Steven Sadow.[27]

Defendants

The indictment issued on August 14, 2023, contained 41 criminal counts against 19 named defendants. The table below provides a list of defendants, the charges issued against each, how the defendants pleaded, and their trial dates. McAfee struck six counts from the indictment on March 13, 2024, and another three counts on September 12, 2024. These are presented in the table below withstrikethrough text.

Georgia indictment defendants and criminal charges
DefendantCountsTotal chargesPleaTrial dateSentence
Donald Trump
Counts 1, 9, 11, 13, 17, 19, 29, 39,5, 15, 27, 28, 38
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 5: Solicitation of violation of oath by public officer
Count 9: Conspiracy to commit impersonating a public officer
Count 11: Conspiracy to commit forgery in the first degree
Count 13: Conspiracy to commit false statements and writings
Count 15: Conspiracy to commit filing false documents
Count 17: Conspiracy to commit forgery in the first degree
Count 19: Conspiracy to commit false statements and writings
Count 27: Filing false documents
Count 28: Solicitation of violation of oath by public officer
Count 29: False statements and writings
Count 38: Solicitation of violation of oath by public officer
Count 39: False statements and writings
8Not guilty[28]TBD
Rudy Giuliani
Counts 1, 3, 7, 9, 11, 13, 17, 19, 24,2, 6, 15, 23
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 2: Solicitation of violation of oath by public officer
Count 3: False statements and writings
Count 6: Solicitation of violation of oath by public officer
Count 7: False statements and writings
Count 9: Conspiracy to commit impersonating a public officer
Count 11: Conspiracy to commit forgery in the first degree
Count 13: Conspiracy to commit false statements and writings
Count 15: Conspiracy to commit filing false documents
Count 17: Conspiracy to commit forgery in the first degree
Count 19: Conspiracy to commit false statements and writings
Count 23: Solicitation of violation of oath by public officer
Count 24: False statements and writings
9Not guilty[29]TBD
John Eastman
Counts 1, 9, 11, 13, 17, 19,2, 15, 27
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 2: Solicitation of violation of oath by public officer
Count 9: Conspiracy to commit impersonating a public officer
Count 11: Conspiracy to commit forgery in the first degree
Count 13: Conspiracy to commit false statements and writings
Count 15: Conspiracy to commit filing false documents
Count 17: Conspiracy to commit forgery in the first degree
Count 19: Conspiracy to commit false statements and writings
Count 27: Filing false documents
6Not guilty[29]TBD
Mark Meadows
Counts 1,28
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 28: Solicitation of violation of oath by public officer
1Not guilty[29]TBD
Kenneth Chesebro
Counts 1, 9, 11, 13, 15, 17, 19
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 9: Conspiracy to commit impersonating a public officer
Count 11: Conspiracy to commit forgery in the first degree
Count 13: Conspiracy to commit false statements and writings
Count 15: Conspiracy to commit filing false documents
Count 17: Conspiracy to commit forgery in the first degree
Count 19: Conspiracy to commit false statements and writings
7Guilty to 1 felony count[30][29][31]Plea deal[32]5 years probation
100 hours community service
$5,000 restitution to state of Georgia
Jeffrey Clark
Counts 1, 22
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 22: Criminal attempt to commit false statements and writings
2Not guilty[29]TBD
Jenna Ellis
Counts 1, 2
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 2: Solicitation of violation of oath by public officers
2Guilty to 1 felony count[33][34][29]Plea deal5 years probation
100 hours community service
$5,000 restitution to state of Georgia
Ray Smith III
Counts 1, 4, 9, 11, 13, 17, 19, 25,2, 6, 15, 23
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 2: Solicitation of violation of oath by public officer
Count 4: False statements and writings
Count 6: Solicitation of violation of oath by public officer
Count 9: Conspiracy to commit impersonating a public officer
Count 11: Conspiracy to commit forgery in the first degree
Count 13: Conspiracy to commit false statements and writings
Count 15: Conspiracy to commit filing false documents
Count 17: Conspiracy to commit forgery in the first degree
Count 19: Conspiracy to commit false statements and writings
Count 23: Solicitation of violation of oath by public officer
Count 25: False statements and writings
8Not guilty[35]TBD
Robert Cheely
Counts 1, 9, 11, 13, 17, 19, 26, 41,15, 23
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 9: Conspiracy to commit impersonating a public officer
Count 11: Conspiracy to commit forgery in the first degree
Count 13: Conspiracy to commit false statements and writings
Count 15: Conspiracy to commit filing false documents
Count 17: Conspiracy to commit forgery in the first degree
Count 19: Conspiracy to commit false statements and writings
Count 23: Solicitation of violation of oath by public officer
Count 26: False statements and writings
Count 41: Perjury
8Not guilty[29]TBD
Michael Roman
Counts 1, 9, 11, 13, 17, 19,15
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 9: Conspiracy to commit impersonating a public officer
Count 11: Conspiracy to commit forgery in the first degree
Count 13: Conspiracy to commit false statements and writings
Count 15: Conspiracy to commit filing false documents
Count 17: Conspiracy to commit forgery in the first degree
Count 19: Conspiracy to commit false statements and writings
6Not guilty[29]TBD
David Shafer
Counts 1, 8, 10, 12, 16, 18, 40,14
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 8: Impersonating a public officer
Count 10: Forgery in the first degree
Count 12: False statements and writings
Count 14: Criminal attempt to commit filing false documents
Count 16: Forgery in the first degree
Count 18: False statements and writings
Count 40: False statements and writings
7Not guilty[29]TBD
Shawn Still
Counts 1, 8, 10, 12, 16, 18,14
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 8: Impersonating a public officer
Count 10: Forgery in the first degree
Count 12: False statements and writings
Count 14: Criminal attempt to commit filing false documents
Count 16: Forgery in the first degree
Count 18: False statements and writings
6Not guilty[29]TBD
Stephen Lee
Counts 1, 20, 21, 30, 31
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 20: Criminal attempt to commit influencing witnesses
Count 21: Criminal attempt to commit influencing witnesses
Count 30: Conspiracy to commit solicitation of false statements and writings
Count 31: Influencing witnesses
5Not guilty[29]TBD
Harrison Floyd
Counts 1, 30, 31
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 30: Conspiracy to commit solicitation of false statements and writings
Count 31: Influencing witnesses
3Not guilty[29]TBD
Trevian Kutti
Counts 1, 30, 31
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 30: Conspiracy to commit solicitation of false statements and writings
Count 31: Influencing witnesses
3Not guilty[36]TBD
Sidney Powell
Counts 1, 32, 33, 34, 35, 36, 37
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 32: Conspiracy to commit election fraud
Count 33: Conspiracy to commit election fraud
Count 34: Conspiracy to commit computer theft
Count 35: Conspiracy to commit computer trespass
Count 36: Conspiracy to commit computer invasion of privacy
Count 37: Conspiracy to defraud the state
7Guilty to 6 misdemeanor counts[37][36][38]Plea deal[39]6 years probation
$6,000 fine
$2,700 restitution to state of Georgia
Cathleen Latham
Counts 1, 8, 10, 12, 32, 33, 34, 35, 36, 37,14
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 8: Impersonating a public officer
Count 10: Forgery in the first degree
Count 12: False statements and writings
Count 14: Criminal attempt to commit filing false documents
Count 32: Conspiracy to commit election fraud
Count 33: Conspiracy to commit election fraud
Count 34: Conspiracy to commit computer theft
Count 35: Conspiracy to commit computer trespass
Count 36: Conspiracy to commit computer invasion of privacy
Count 37: Conspiracy to defraud the state
10Not guilty[29]TBD
Scott Hall
Counts 1, 32, 33, 34, 35, 36, 37
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 32: Conspiracy to commit election fraud
Count 33: Conspiracy to commit election fraud
Count 34: Conspiracy to commit computer theft
Count 35: Conspiracy to commit computer trespass
Count 36: Conspiracy to commit computer invasion of privacy
Count 37: Conspiracy to defraud the state
7Guilty to 5 misdemeanor counts[40][29][41]Plea deal5 years probation
$5,000 fine
200 hours community service
Misty Hampton
Counts 1, 32, 33, 34, 35, 36, 37
 
Count 1: Violation of the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act
Count 32: Conspiracy to commit election fraud
Count 33: Conspiracy to commit election fraud
Count 34: Conspiracy to commit computer theft
Count 35: Conspiracy to commit computer trespass
Count 36: Conspiracy to commit computer invasion of privacy
Count 37: Conspiracy to defraud the state
7Not guilty[29]TBD

Statements in response to the indictment

The section below provides full statements in response to the indictment from Trump, federal officials, and congressional leadership as they are made available. Know of one we missed?Email us and let us know.

Republican Party Former PresidentDonald Trump (R)

Trump released a statement in response to the charges on August 14, 2023. The statement is provided below.[42]

Like Manhattan DA Alvin Bragg, Deranged Jack Smith, and New York AG Letitia James, Fulton County, GA's radical Democrat District Attorney Fani Willis is a rabid partisan who is campaigning and fundraising on a platform of prosecuting PRsident Trump through these bogus indictments. Ripping a page from Crooked Joe Biden's playbook, Willis has strategically stalled her investigation to try and maximally interfere with the 2024 presidential race and damage the dominant Trump campaign. All of the corrupt Democrat attempts will fail.

Combined with the intentionally slow-walker investigations by the Biden-Smith goon squads and the false charges in New York, the timing of this latest coordinated strike by a biased prosecutor in an overwhelmingly Democrat jurisdiction not only betrays the trust of the American people, but also exposes true motivation driving their fabricated accusations.

They could have brought this two and a half years ago, yet they chose to do this for election interference reasons in the middle of President Trump's successful campaign. He is not only leading all Republicans by a lot but he is leading against Joe Biden in almost every poll. President Trump represents the greatest threat to these Democrats' political futures (and the greatest hope for America).

The legal double-standard set against President Trump must end. Under the Crooked Biden Cartel, there are no rules for Democrats, while Republicans face criminal charges for exercising their First Amendment rights.

These activities by Democrat leaders constitute a grave threat to American democracy and are direct attempts to deprive the American people of their rightful choice to cast their vote for President. Call it election interference or election manipulation--it is a dangerous effort by the ruling class to suppress the choice of the people. It is un-American and wrong.

Theya re taking away President Trump's First Amendment right to free speech, and the right to challenge a rigged and stolen election that the Democrats do all the time. The ones who should be prosecuted are the ones who created the corruption.

President Trump will never give up and will never stop fighting for you, as we all work to Make America Great Again in 2024.[43]

Democratic Party Fulton County District AttorneyFani Willis (D)

Willis issued the following statement at a press conference following the release of the indictment on August 14, 2023.[44]

I'm here with the prosecutors and investigators who have worked diligently on the investigation of criminal attempts to interfere in the administration of Georgia's 2020 presidential election. Today, based on information developed by that investigation, a Fulton County grand jury returned a true bill of indictment charging 19 individuals with violations of Georgia law arising from a criminal conspiracy to overturn the results of the 2020 presidential election in this state.

The indictment includes 41 felony counts and is 97 pages long. Please remember that everyone charged in this bill of indictment is presumed innocent. Specifically, the indictment brings felony charges against Donald John Trump, Rudolph William Lewis Giuliani, John Charles Eastman, Mark Randall Meadows, John Chesebro, Jeffrey Clark, Jenna Lynn Ellis, Ray Stallings Smith, III, Robert David Cheely, Michael A. Roman, David James Schaefer, Shawn Micah Tresher Still, Stephen Cliffgard Lee, Harrison William Prescott Floyd, Trevian C. Kutti, Sydney Catherine Powell, Cathleen Austin Latham, Scott Graham Hall, and Misty Hampton, also known as Emily "Misty" Hayes.

Every individual charged in the indictment is charged with one count of violating Georgia's Racketeer Influenced and Corrupt Organizations Act, through participation in a criminal enterprise in Fulton County, Georgia, and elsewhere to accomplish the illegal goal of allowing Donald J. Trump to seize the presidential term of office beginning on January 20, 2021. Specifically, the participants in association took various actions in Georgia and elsewhere to block the counting of the votes of the presidential electors who were certified as the winners of Georgia's 2020 general election.

As you examine the indictment you will see acts that are identified as overt acts and those that are identified as predicate acts, sometimes called acts of racketeering activity. Overt acts are not necessarily crimes under georgia law in isolation, but are alleged to be acts taken in furtherance of the conspiracy. Many occurred in Georgia and some occurred in other jurisdictions and are included because the grand jury believes they were part of the illegal effort to overturn the results of Georgia's 2020 presidential election. The acts identified as predicate acts, or acts of racketeering activity, are crimes that are alleged to have been committed in furtherance of a criminal enterprise. Acts of racketeering activity are also charged as separate counts in the indictment against those who are alleged to have committed them.

All elections in our nation are administered by the states, which are given the responsibility of ensuring a fair process and an accurate counting of the votes. That includes elections for presidential electors, congress, state officials, and local offices. The state's role in this process is essential to the functioning of our democracy. Georgia, like every state, has laws that allow those who believe that results of an election are wrong, whether because of intentional wrongdoing or unintentional error, to challenge those results in our state courts.

The indictment alleges that rather than abide by Georgia's legal process for election challenges, the defendants engaged in a criminal racketeering enterprise to overturn Georgia's presidential election results. Subsequent to the indictment, as is the normal process in Georgia law, the grand jury issued arrest warrants for those who are charged. I am giving the defendants the opportunity to voluntarily surrender no later than noon on Friday, the 25th day of August, 2023.

I remind everyone here that an indictment is only a series of allegations based on a grand jury's determination of probable cause to support the charges. It is now the duty of my office to prove these charges in the indictment beyond a reasonable doubt at trial.

I would like to take a moment to thank the Superior Court Clerk Che Alexander and her staff for staying late and making sure that this indictment was processed. I would like to thank the men and women of Sheriff Labat's office for keeping the courthouse open, but most importantly for keeping us safe over the weeks and months that have led up to this indictment and for what I know they will continue to do to keep us safe. We also want to thank the Atlanta Police Department and other law enforcement partners who have worked with the sheriff to keep us safe.[43]

Democratic Party Senate Majority LeaderChuck Schumer (D-N.Y.) and House Minority LeaderHakeem Jeffries (D-N.Y.)

Senate Majority LeaderChuck Schumer (D-N.Y.) and House Minority LeaderHakeem Jeffries (D-N.Y.) released a joint statement in response to the indictment. The text of the statement is provided below:[45]

The fourth indictment of Donald Trump, just like the three which came before it, portrays a repeated pattern of criminal activity by the former president. This latest indictment details how Mr. Trump led a months-long plot pushing the Big Lie to steal an election, undermine our democracy, and overturn the will of the people of Georgia.

The actions taken by the Fulton County District Attorney, along with other state and federal prosecutors, reaffirms the shared belief that in America no one, not even the president, is above the law.

As a nation built on the rule of law, we urge Mr. Trump, his supported, and his critics to allow the legal process to proceed without outside interference.[43]

Republican Party House SpeakerKevin McCarthy (R-Calif.)

House SpeakerKevin McCarthy (R-Calif.) released the following statement in response to the indictment:[46]

Justice should be blind, but Biden has weaponized government against his leading political opponent to interfere in the 2024 election.

Now a radical DA in Georgia is following Biden’s lead by attacking President Trump and using it to fundraise her political career.

Americans see through this desperate sham.[43]

Media commentary

The section below provides media commentary in response to the indictment.

The Georgia indictment is unlikely to move public opinion, in part because of its breadth and timing. Ms. Willis spent two-and-a-half years investigating. Now she wants a trial in six months, smack in the middle of the 2024 primaries. After watching prosecutors, especially New York’s Alvin Bragg, stretch the law to encircle Mr. Trump, many Republicans rallied to his side. That hasn’t changed with more indictments.

There’s no defending Mr. Trump’s awful conduct after the 2020 election, and it would be a mistake for Republicans to try. But most Republicans look at these indictments, and the pass for Hillary Clinton and Hunter Biden, and see partisan prosecutions and double standards. Four indictments later, prosecuting Mr. Trump, instead of leaving the judgment to voters and history, still seems like a bad idea for the country.[47][43]

—The Editorial Board,Wall Street Journal (August 15, 2023)

[Willis' case] provides other important complements to the federal matter: Unlike Mr. Smith’s case, which will almost certainly not be broadcast because of federal standards, hers will almost certainly be televised, and should Mr. Trump or another Republican win the White House, Ms. Willis’s case cannot be immediately pardoned away. [...]

But the indictment stands out, above all, because Georgia offers uniquely compelling evidence of election interference — and a set of state criminal statutes tailor-made for the sprawling, loosely organized wrongdoing that Mr. Trump and his co-conspirators are accused of engaging in. It is a reminder of the genius of American federalism: When our democracy is threatened, states have an indispensable part to play in protecting it.[48][43]

—Norman Eisen and Amy Lee Copeland,The New York Times (August 15, 2023)

Once again, a Democratic prosecutor has indicted Donald Trump, this time in state court in Fulton County, Ga. Skepticism of these charges, and of the decision to bring them at this time, is appropriate. District Attorney Fani Willis is a blue-city arch-partisan who has used the investigation as a political fund-raising tool. Moreover, the indictment has real flaws, some of them repeating special counsel Jack Smith’s errors. As with Smith’s January 6 case, this one treats as a crime his campaign to get political actors to overturn the outcome of the 2020 election through political processes. The Georgia case also makes additional mistakes. But that does not mean that the charges are unserious. The indictment alleges an array of real criminal activity that deserves the sanction of the law.

We reiterate our oft-stated view that Trump’s misdeeds were impeachable, and that Republican voters should avoid the folly of renominating him as a result of his actions. Those decisions, however, are for the Senate and the voters, not for local district attorneys unrepresentative of the nation and unaccountable to it.[49][43]

—The Editors,National Review (August 15, 2023)

In some legal venue, Trump and his cohorts need to be held accountable for infusing our politics with violence and the threat of violence, for the damage done to Freeman, for the police officers wounded on Capitol Hill, and for the trauma inflicted by the mob they stand accused of orchestrating. That might be a courtroom in Fulton County, Georgia.

Indeed, that would be a service to our democracy and a historical lesson cementing Trump’s legacy as a fascist strongman.[50][43]

—Jennifer Rubin,The Washington Post (August 17, 2023)

Text of the indictment

The section below provides the text of the indictment released on August 15, 2023.

McAfee ruling striking six counts from the indictment (March 13, 2024)

McAfee ruling striking three counts from the indictment (September 12, 2024)

Noteworthy events

Removal of Fani Willis from role in prosecution (2025)

On December 19, 2025, theGeorgia Court of Appeals ruled to removeFani Willis (D) from theThe State of Georgia v. Donald J. Trump. The court wrote, "The remedy crafted by the trial court to prevent an ongoing appearance of impropriety did nothing to address the appearance of impropriety that existed at times when DAWillis was exercising her broad pretrial discretion about who to prosecute and what charges to bring."[51]

On January 8, 2024, an attorney defending Michael Roman in the case filed a motion alleging that Willis improperly hired Nathan Wade as a special prosecutor because they were in a romantic relationship at the time. The motion further alleged that Willis had benefitted financially from hiring Wade. The motion requested the court issue an "order disqualifying the district attorney, her office, and the special prosecutor from further prosecuting the instant matter on the grounds that the district attorney and the special prosecutor have been engaged in an improper, clandestine personal relationship during the pendency of this case, which has resulted in the special prosecutor, and, in turn, the district attorney, profiting significantly from this prosecution at the expense of the taxpayers."[52]

Willis filed a response to the motion on February 2. The response said the motion sought "to cobble together entirely unremarkable circumstances of Special Prosecutor Wade’s appointment with completely irrelevant allegations about his personal family life into a manufactured conflict of interest on the part of the District Attorney." The response said Willis did not have a personal relationship with Wade at the time of his appointment, that the personal relationship that developed between Willis and Wade did not constitute a conflict of interest, and that "the personal relationship between Special Prosecutor Wade and District Attorney Willis has never involved direct or indirect financial benefit to District Attorney Willis."[53]

On March 15, JudgeScott McAfee ruled that either Willis and her office or special prosecutor Nathan Wade would be permitted to continue with the prosecution if the other withdrew from the case. In his ruling, McAfee noted that while the defendants "failed to meet their burden" in providing proof of the relationship, there was a “significant appearance of impropriety that infects the current structure of the prosecution team."[15] The same day, Wade resigned stating it was “in the interest of democracy, in dedication to the American public and to move this case forward as quickly as possible.”[16]

Willis began a criminal investigation into whether Trump or his allies attempted to change the 2020 presidential election results in Georgia on February 10, 2021.[12] Willis unsealed a grand jury indictment on August 14, 2023, that included Roman as one of the 19 criminal defendants. Roman was the director of Election Day operations for Trump's 2020 presidential campaign, and was charged on seven criminal counts.[9]

What a grand jury does

Agrand jury is defined as "a group of people who look at the evidence against someone who has been accused of a crime in order to decide if there should be a trial."[54]

Prosecutors present evidence to a grand jury, which decides whether there is probable cause to believe that a crime has been committed. Grand juries are made up of 16 to 23 people, who serve for a period of one month up to one year.[55]

Federal grand jury sessions are held in private, usually not in the presence of the alleged criminal. Grand juries may request additional evidence such as witness testimony or documents to investigate on their own unimpeded by outside influence.[55]

TheSupreme Court caseUnited States v. Williams (1992) said that a grand jury is "a kind of buffer or referee between the Government and the people."[56] It decides if there is enough evidence to formally charge a suspect with a crime.

See also

Footnotes

  1. The sentencing in this case was delayed following the Supreme Court's ruling on presidential immunity in Trump v. United States.
  2. The trial was initially scheduled for March 25, 2024. It was delayed after the disclosure of 100,000 pages of new evidence in the case.
  3. Trump waived his arraignment, pleading not guilty on August 31, 2023.
  4. NPR, "Trump pleads not guilty to Georgia election interference charges," August 31, 2023
  5. 5.05.15.2Fulton County Superior Court, "Order of Defendants' Special Demurrers," March 13, 2024
  6. 6.06.1NPR, "3 more counts are dismissed in the Trump case indictment in Georgia," September 12, 2024
  7. Georgia Court of Appeals, "Ruling," accessed January 29, 2025
  8. The Atlanta Journal-Constitution, "Trump, 18 others indicted for trying to overthrow 2020 Georgia election," August 14, 2023
  9. 9.09.19.29.39.4Fulton Superior Court, "Indictment," accessed August 15, 2023
  10. Truth Social, "Trump on August 14, 2023," accessed August 15, 2023
  11. 11 Alive, "Re-Watch | Fulton County DA Fani Willis holds press conference after Trump Georgia indictment," August 14, 2023
  12. 12.012.112.212.312.4Atlanta Journal-Constitution, "Trump special grand jury probe in Georgia," accessed August 15, 2023
  13. Georgia Court of Appeals, "Ruling," accessed January 29, 2025
  14. Politico, "Appeals court halts Trump’s criminal proceedings in Georgia amid scrutiny of Fani Willis," June 5, 2024
  15. 15.015.1The Washington Post, "Fani Willis can stay on Trump Georgia case, judge rules, as Wade resigns," March 15, 2024
  16. 16.016.1AP News, "Prosecutor leaves Georgia election case against Trump after relationship with district attorney," March 15, 2024
  17. Associated Press, "STATE’S OPPOSITION TO DEFENDANTS ROMAN, TRUMP, AND CHEELEY’S MOTIONS TO DISMISS AND TO DISQUALIFY THE DISTRICT ATTORNEY," February 2, 2024
  18. Fulton County Clerk, "DEFENDANT MICHAEL ROMAN’S MOTION TO DISMISS GRAND JURY INDICTMENT AS FATALLY DEFECTIVE AND MOTION TO DISQUALIFY THE DISTRICT ATTORNEY, HER OFFICE AND THE SPECIAL PROSECUTOR FROM FURTHER PROSECUTING THIS MATTER," January 8, 2024
  19. Associated Press, "Jenna Ellis becomes latest Trump lawyer to plead guilty over efforts to overturn Georgia’s election," October 24, 2023
  20. NPR, "Lawyer Chesebro, who authored fake elector memos, pleads guilty in Georgia case," October 20, 2023
  21. CNBC, "Pro-Trump lawyer Sidney Powell pleads guilty in Georgia criminal election case," October 19, 2023
  22. CNBC, "First co-defendant in Trump Georgia election case pleads guilty," September 29, 2023
  23. Associated Press, "Trump won’t be tried with Powell and Chesebro next month in the Georgia election case, a judge rules," September 14, 2023
  24. Fulton County Superior Court, "ORDER ON DEFENDANTS’ MOTIONS FOR SEVERANCE AND STAY," accessed September 14, 2023
  25. NPR, "Trump pleads not guilty to Georgia election interference charges," August 31, 2023
  26. NPR, "Donald Trump says he will go to Atlanta Thursday to be booked on Georgia charges," August 22, 2023
  27. Politico, "Tracking the Trump criminal cases," accessed March 12, 2024
  28. NPR, "Trump pleads not guilty to Georgia election interference charges," August 31, 2023
  29. 29.0029.0129.0229.0329.0429.0529.0629.0729.0829.0929.1029.1129.1229.1329.14The Atlanta Journal-Constitution, "19 not guilty pleas as Trump Georgia defendants all waive arraignment," September 5, 2023
  30. Chesebro initially entered a not guilty plea. On October 20, 2023, Chesebro entered a guilty plea as part of a plea deal.
  31. NPR, "Lawyer Chesebro, who authored fake elector memos, pleads guilty in Georgia case," October 20, 2023
  32. Chesebro's trial was initially scheduled for Oct. 23, 2023.
  33. Ellis initially entered a not guilty plea. On October 24, 2023, Ellis entered a guilty plea as part of a plea deal.
  34. Associated Press, "Jenna Ellis becomes latest Trump lawyer to plead guilty over efforts to overturn Georgia’s election," October 24, 2023
  35. CBS News, "Ray Smith pleads not guilty, first of 19 Fulton County defendants to enter plea," August 28, 2023
  36. 36.036.1KIRO 7, "Trump indictment in Georgia: Sidney Powell, Trevian Kutti plead not guilty," August 29, 2023
  37. Powell initially entered a not guilty plea. On October 19, 2023, Powell entered a guilty plea as part of a plea deal.
  38. CNBC, "Pro-Trump lawyer Sidney Powell pleads guilty in Georgia criminal election case," October 19, 2023
  39. Powell's trial was initially scheduled for Oct. 23, 2023.
  40. Hall initially entered a not guilty plea. On September 29, 2023, Hall pleaded guilty as part of a plea deal.
  41. CNBC, "First co-defendant in Trump Georgia election case pleads guilty," September 29, 2023
  42. Truth Social, "Trump on August 14, 2023," accessed August 15, 2023
  43. 43.043.143.243.343.443.543.643.7Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  44. C-SPAN, "Georgia District Attorney News Conference on Indictment of Former President Trump," August 14, 2023
  45. Twitter, "Chuck Schumer on August 14, 2023," accessed August 15, 2023
  46. Twitter, "McCarthy on August 14, 2023," accessed August 15, 2023
  47. Wall Street Journal, "Indictment Four: Trump as Racketeer," August 15, 2023
  48. The New York Times, "This Indictment of Trump Does Something Ingenious," August 15, 2023
  49. National Review, "The Georgia Indictment Is Serious, but It Also Overreaches," August 15, 2023
  50. The Washington Post, "Opinion Fani Willis puts violence front and center," August 17, 2023
  51. Georgia Court of Appeals, "Ruling," accessed January 29, 2025
  52. Fulton County Clerk, "DEFENDANT MICHAEL ROMAN’S MOTION TO DISMISS GRAND JURY INDICTMENT AS FATALLY DEFECTIVE AND MOTION TO DISQUALIFY THE DISTRICT ATTORNEY, HER OFFICE AND THE SPECIAL PROSECUTOR FROM FURTHER PROSECUTING THIS MATTER," January 8, 2024
  53. Associated Press, "STATE’S OPPOSITION TO DEFENDANTS ROMAN, TRUMP, AND CHEELEY’S MOTIONS TO DISMISS AND TO DISQUALIFY THE DISTRICT ATTORNEY," February 2, 2024
  54. Merriam-Webster.com, "Grand jury," accessed October 16, 2015
  55. 55.055.1Legal Information Institute, "Grand jury," accessed October 16, 2015
  56. Legal Information Institute, "United States v. Williams (90-1972), 504 U.S. 36 (1992)," accessed October 16, 2015
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