Trump's Legal Team Files Flurry of Motions as Potential Indictment Looms

Former President Donald Trump's legal team on Monday filed a flurry of motions aimed at blocking the release of a Fulton County special grand jury report that reportedly recommended indictments over his alleged attempt at overturning the 2020 presidential election results in Georgia.

Fulton County District Attorney Fani Willis launched an investigation into whether Trump's 2021 phone call with Secretary of State Brad Raffensperger, in which he allegedly asked him to "find" enough votes to tilt the state's 2020 presidential election results in his favor, violated state election interference laws, though the probe later branched into other areas. Trump has denied any wrongdoing, arguing that the case is politically motivated.

Emily Kohrs, the forewoman of the special grand jury, in February indicated the panel had decided to recommend that Willis formally indict several people, though it is ultimately up to Willis to determine whether or not indictments will be issued. The grand jury is expected to release a report into its findings.

However, Trump's lawyers sought to quash the report in a wave of legal motions filed on Monday, according to a report from the Atlanta Journal-Constitution. Trump's team wants evidence from the report to be "suppressed as unconstitutionally derived and any prosecuting body be prevented from its use."

The filings argue that the investigation into Trump was "confusing, flawed and, at times, unconstitutional."

"Given the scrutiny and gravity of the investigation and those individuals involved—namely, the movant President Donald J. Trump, this process should have been handled correctly, fairly and with deference to the law and the highest ethical standards," the motion reads.

The filings also request that Willis be recused from the case, according to The New York Times. Trump has accused Willis of leading a "witch hunt" aimed at harming his political opportunities, specifically taking issue with Willis previously stating that the case could end in prison sentences.

Former federal prosecutor Neama Rahmani told Newsweek that while the move is "not surprising," Trump's team's efforts have "no chances of success" because of a lack of legal basis.

"These are just recommendations," he said. "This isn't a regular grand jury. This isn't even an indictment."

Rahmani said a judge would be unlikely to quash the report unless there was a "clear constitutional violation" among the jurors, such as bribery or making decisions based on race or religion. He also said there is "no basis" for Trump's claim that Willis is biased.

Critics say Trump's alleged call to Raffensperger, which occurred after he narrowly lost the traditionally Republican state to President Joe Biden in 2020, equates to an attempt to subvert democracy and that he should face consequences if he meddled in the election.

While the Georgia probe began with a focus on the 2021 call to Raffensperger, the special grand jury also probed his alleged involvement in an effort to overturn the 2020 results by installing a slate of fake electors in Georgia.

The move comes as Trump is facing possible indictments in at least one other investigation. In New York, Manhattan District Attorney Alvin Bragg has signaled that his investigation into an alleged hush payment made during Trump's 2016 campaign to adult film star Stormy Daniels regarding an alleged affair, denied by Trump, appears to be concluding.

Trump on Saturday said he believes authorities will arrest him on Tuesday, calling on his supporters to "protest" possible indictments. However, Bragg has not confirmed that Trump will be indicted this week, and the grand jury is expected to hear testimony on Monday from Robert Costello, former Trump attorney Michael Cohen's former legal adviser.

Rahmani added that Willis' case is "much more serious" because it involves alleged attempts to overturn the election, but Bragg indicting Trump could "embolden" Willis to do so.

"If you're a prosecutor, you're making American history," he said. "This is the first time that a former president is going to be charged with a crime. We're really in uncharted waters, and there's probably some hesitation to do so. I would expect now that Alvin Bragg is likely going to charge Trump in New York, I think there's going to be less reluctance on the part of others to do so as well."

Newsweek reached out to Trump's campaign press office and a Fulton County district attorney's office spokesperson via email for comment.

Update 3/20/23, 1:16 p.m. ET: This story was updated with comment from Neama Rahmani.