Georgia fake electors seek to quash election probe subpoenas

A group of Georgia Republicans who have been informed that they are at risk of being indicted in an investigation into whether former President Donald Trump and others illegally interfered in the 2020 election in Georgia are fighting subpoenas to testify before a special grand jury

Georgia Election Investigation (Copyright 2022 The Associated Press. All rights reserved)

A group of Georgia Republicans who have been informed that they are at risk of being indicted in an investigation into whether former President Donald Trump and others illegally interfered in the 2020 election in Georgia are fighting subpoenas to testify before a special grand jury.

All 11 signed a certificate declaring falsely that then-President Donald Trump had won the 2020 presidential election and declaring themselves the state's “duly elected and qualified” electors even though Joe Biden had won the state and a slate of Democratic electors was certified. They filed a motion Tuesday to quash their subpoenas, calling them “unreasonable and oppressive.”

Also Tuesday, U.S. Sen. Lindsey Graham, a South Carolina Republican, agreed to accept service of a subpoena in the investigation and to file any challenges to that subpoena in either state superior court or federal court in Georgia, according to a court filing. He had previously been trying to stop service of the subpoena in South Carolina.

Fulton County District Attorney Fani Willis last year opened a criminal investigation “into attempts to influence the administration of the 2020 Georgia General Election.” A special grand jury with subpoena power was seated in May at her request. In court filings earlier this month, she alleged “a multi-state, coordinated plan by the Trump Campaign to influence the results of the November 2020 election in Georgia and elsewhere.”

Willis' office declined to comment Tuesday on the motion to quash the subpoenas.

While the special grand jury operates in secret, recent public court filings have made clear that Willis is interested in the actions of the fake electors.

In the Tuesday filing, lawyers for the 11 fake electors said that from mid-April through the end of June, Willis's office had told them that they were considered witnesses, not subjects or targets of the investigation. For that reason, they had agreed to voluntary interviews with the investigative team, the motion says. Georgia Republican Party Chairman David Shafer and another of the fake electors appeared for interviews in late April.

On June 1, grand jury subpoenas were sent to all 11 of those fake electors. And on June 28, the district attorney's office told their lawyers for the first time that their clients were considered targets, rather than witnesses, the motion says.

On Dec. 14, 2020, when Georgia's official Democratic electors met to certify the state's electoral votes for Biden, the fake Republican electors also met to certify a slate of electoral votes for Trump. They did that because there was a lawsuit challenging the election results pending at the time, and if a judge found that Trump had actually won their electoral slate would become valid, the motion says.

The district attorney's office knew all that and properly labeled them witnesses, prompting them to agree to voluntary cooperation, the motion says.

“The abrupt, unsupportable, and public elevation of all eleven nominee electors' status wrongfully converted them from witnesses who were cooperating voluntarily and prepared to testify in the Grand Jury to persecuted targets of it,” the motion says. As a result, their lawyers advised them to invoke their federal and state rights protecting them against self-incrimination, and they “reluctantly” accepted that advice, the motion says.

Their lawyers assert that the change in status from witnesses to targets was based on “an improper desire to force them to publicly invoke their rights as, at best, a publicity stunt.” Therefore, they should be excused from appearing before the special grand jury, the motion says.

The motion alleges that Willis is only pursuing some of the 16 electors as targets, specifically those who are prominent figures in the state Republican Party. That is evidence of political motivation, the lawyers argue.

The motion asks Fulton County Superior Court Judge Robert McBurney, who's overseeing the special grand jury to excuse the 11 electors from appearing. It also asks him to look into Willis' actions “indicating the improper politicization of this investigatory process."

It also asks him to grant a motion filed Friday by state Sen. Burt Jones seeking to remove Willis and her office from the investigation. Jones, who's the Republican nominee for lieutenant governor, alleged that the investigation is politically motivated because Willis is an active supporter of his Democratic opponent. McBurney on Tuesday set a Thursday hearing on that motion.