Fulton County prosecutors begin presenting 2020 Georgia election case

Authorities stand near barricades at the Fulton County courthouse, Monday, Aug. 7, 2023, in Atlanta. The sheriff's office are implementing various security measures ahead of District Attorney Fani Willis possibly seeking an indictment in her investigation into whether former President Donald Trump and his allies illegally meddled in the 2020 election in Georgia. (AP Photo/Brynn Anderson)

This story was updated at 12:44 p.m.

A Fulton County grand jury will decide this week whether to indict former President Donald Trump and others for attempting to subvert the 2020 election result in Georgia.

Two witnesses announced on X, formerly known as Twitter, that they have been called to testify for the grand jury on Tuesday. Prosecutors began presenting on Monday, likely allowing the grand jury to hand up any indictments by the end of Tuesday.

Former Georgia state Rep. Bee Nguyen confirmed that she testified before the grand jury on Monday morning.

“Today, I reaffirmed my allegiance to our state and country — by exercising my patriotic duty as a U.S. citizen and telling the truth under oath,” she said in a statement. “As a former lawmaker, I respect the separation of power and the crucial role that our judicial system plays in protecting our democracy by holding everyone accountable, even powerful individuals.”

“No individual is above the law, and I will continue to fully cooperate with any legal proceedings seeking the truth and protecting our democracy,” she added.

The Fulton County Courthouse in downtown Atlanta is under heightened security through the end of the week, with Sheriff Pat Labat promising law enforcement presence like “you’ve never seen before.”

Fulton County District Attorney Fani Willis had signaled in recent weeks that her criminal case is ready to go, after more than two years investigating Trump and his allies’ post-election activities in Georgia. 

If Trump is charged in Georgia, that indictment would be his fourth. U.S. Special Counsel Jack Smith is also prosecuting a federal case against Trump for allegedly conspiring to stay in power after losing the 2020 election.

But the Georgia case will likely be the first to target the cadre of lawyers and campaign allies who prosecutors believe helped carry out the attempted election interference. 

The investigation was sparked by Trump’s January 2021 phone call, asking Georgia Secretary of State Brad Raffensperger to find him votes, but has also looked at efforts to submit a fraudulent slate of Georgia electors and attempts by campaign allies to access Georgia voting machines.

Willis is expected to present a wide-reaching racketeering case and may also seek to charge specific election-related crimes. Trump and his allies have maintained that nothing they did was illegal and the former president has called the investigation a politically-motivated “witch hunt.”

Unlike a trial jury, the grand jury is not responsible for deciding whether a potential defendant is guilty or innocent. Their task is to weigh whether there is probable cause to bring criminal charges and move toward a trial.

In Fulton County, grand juries have 23 members and three alternates, serve for about two months and hear a variety of cases from murder and burglary to assault. Their decisions do not need to be unanimous. 

The grand jury in the 2020 election probe will hear from several witnesses. 

On Saturday, former Georgia Lt. Gov. Geoff Duncan, a Republican, said he would testify on Tuesday. George Chidi, a journalist who witnessed a gathering of fraudulent electors at the Georgia Capitol, also said he was asked to report to the courthouse on Tuesday. 

If the grand jury votes to indict, called a “true bill,” it will be delivered to the presiding judge, Fulton Superior Court Judge Robert McBurney, who may announce the charges in open court.

Patrick Saunders contributed to this report.