Posts tagged with "Georgia Supreme Court"

Georgia Supreme Court rejects Trump petition to block election probe

July 19, 2023

The Georgia Supreme Court has unanimously dismissed former president Donald Trump’s petition to block an Atlanta-area district attorney from investigating him over allegations of 2020 election interference and to throw out evidence gathered by a special purpose grand jury in the case, reports The Washington Post.

Trump’s attorneys had asked Georgia’s top court late on Thursday, July 13, to disqualify Fulton County District Attorney Fani T. Willis (D) and her office from further probing whether Trump and his allies broke the law when they sought to overturn Trump’s 2020 election loss in the state.

The Trump motion also sought to quash the final report of the special grand jury. It asked the Supreme Court to “stay all proceedings related to and flowing from the special purpose grand jury’s investigation”—a request made just weeks before Willis is expected to announce a charging decision in the high-profile case.

But in an opinion published late Monday, July 17, the nine-member Supreme Court dismissed the petition, writing that Trump had not proved the “extraordinary circumstances” that would warrant an intervention by the state’s top court. The decision said that the petition lacked proof that his constitutional rights had been violated; that “the facts or the law necessary” to remove Willis from the case exist; or that other courts had rejected his claims.

Trump’s Georgia-based lawyers—Drew Findling, Marissa Goldberg, and Jennifer Little—filed near-identical petitions before the Georgia Supreme Court and Fulton County Superior Court last week repeating arguments, made in a March filing seeking to block Willis from the case and quash the special grand jury findings. That earlier motion remains pending before Fulton County Superior Court Judge Robert McBurney, who oversaw the special grand jury.

In its opinion, the Georgia Supreme Court appeared critical of the Trump team’s decision to take its case directly to the state’s top court instead of first arguing the case before a lower court judge. “A petitioner cannot invoke this Court’s original jurisdiction as a way to circumvent the ordinary channels for obtaining the relief he seeks without making some showing that he is being prevented fair access to these ordinary channels,” the opinion reads.

The Supreme Court noted that Trump did not ask it to “compel” McBurney to issue a ruling. “Instead, he is asking this Court to step in and itself decide the motions currently pending,” the opinion reads.

“This is not the sort of relief that this Court affords, at least absent extraordinary circumstances that [Trump] has not shown are present here,” the court writes.

Justices for Georgia’s Supreme Court are elected for staggered six-year terms in nonpartisan elections, but the governor can fill vacancies by appointment. Eight of the nine were initially appointed by Republican governors.

Trump’s petition filed Friday, July 14, in Fulton County Superior Court remains pending. It was not immediately clear how the top court’s opinion might affect that case, if at all. Findling, Trump’s lead attorney in Georgia, did not immediately respond to a request for comment.

Willis has indicated she could pursue indictments in the coming weeks—a case that is likely to include evidence gathered by the special grand jury. The panel, which did not have the power to issue indictments, issued a final reportthat remains largely sealed; but is believed to have recommended multiple indictments.

The county district attorney wrote in a letter in April to local law enforcement and other officials that she planned to announce her charging decision between July 11 and September 1—dates that coincided with the summer term of the latest Fulton County grand juries.

Willis appeared to narrow that window even further in another letter to Fulton County officials, announcing that much of her staff would work remotely at least four days a week between July 31 and August 18—dates coinciding with grand jury work. She also asked that no in-person proceedings be scheduled at the county’s courthouse during that period.

Last week, two grand jury panels were sworn in to hear criminal cases—one of which is likely to hear the election interference case.

Research contact: @washingtonpost

Georgia Supreme Court denies G.O.P. bid to halt early voting starting November 26 in Senate runoff

December 28, 2022

On Wednesday, November 23, the Georgia Supreme Court denied the state Republican Party’s bid to block early voting in the hotly contested Senate runoff from moving forward on Saturday, November 26, reports NBC News.

The brief unanimous ruling by the state’s high court upheld last week’s decision by a Fulton County judge blocking a directive from Georgia’s secretary of state prohibiting counties from voting on the Saturday after Thanksgiving.

Secretary of State Brad Raffensperger, a Republican, had argued that changes to Georgia voting laws meant that there could be no early voting November 26—the only Saturday when it would have been possible for Georgians to cast an early vote in the December 6 runoff election between Democratic Senator Raphael Warnock and Republican Herschel Walker.

Early voting is required to be available statewide Monday through Friday of next week.

“The Court finds that the absence of the Saturday vote will irreparably harm the Plaintiffs, their members, and constituents, and their preferred runoff candidate,” Judge Thomas A. Cox wrote in a ruling last Friday.

The state Republican Party appealed the decision, arguing it was allowing “illegal advance voting.”

The dispute centered on a provision of Senate Bill 202, signed by Republican Governor Brian Kemp in March 2021, which stipulates that early in-person voting must not be held on any Saturday that follows a “public or legal holiday” on the preceding Thursday or Friday. Raffensperger contended that meant there could be no early in-person voting November 26, the Saturday following Thanksgiving.

Attorneys for the Democrats and Warnock’s campaign argued the section of the law Raffensperger cited applied to primaries and general elections, but not to runoff elections. Cox agreed.

In a joint statement on Wednesday, the Warnock campaign, the Democratic Senate Campaign Committee, and the state Democratic Party called the state Supreme Court ruling “a victory for every Georgia voter.”

Early voting opened in at least one of the state’s 159 counties on Tuesday. In a court filing, Democrats said that at least 19 counties with a total of more than 4 million residents were planning on offering early voting Saturday.

Research contact: @NBCNews