Lindsey Graham among those Georgia special grand jury recommended for charges in election probe

Sen. Lindsey Graham and former national security adviser Mike Flynn were among those who a special purpose grand jury recommended be charged in the Fulton County DA’s election interference probe, according to the panel’s full report that was released publicly this morning.

A Georgia judge has released the findings of the panel that aided in the Fulton County district attorney’s investigation into efforts of Donald Trump and his allies to overturn the 2020 election results in the state, which led to last month’s sweeping racketeering indictment against Trump and 18 others.

The special purpose grand jury, seated in 2022, did not have the power to indict but gathered evidence as part of the nearly eight-month probe and subsequently made sealed recommendations about who should be charged in the case.

Graham and Flynn were not among those charged in the DA’s case.

Others who the special purpose grand jury recommended for charges include then-Sen. David Purdue, then- Sen. Kelly Loeffler, Trump 2024 campaign senior adviser Boris Epshteyn, and Cleta Mitchell.

A separate regular grand jury returned the indictment against Trump and the 18 others last month. All 19 have pleaded not guilty.

Though the special purpose grand jury did not have indictment power, DA Fani Willis has said she needed its subpoena power to compel testimony from witnesses who would not comply with the investigation otherwise.

Prosecutors said the 26-person panel heard testimony from over 75 witnesses, including close Trump allies Rudy Giuliani, former Chief of Staff Mark Meadows, and Sen. Lindsey Graham.

The special grand jury’s work culminated in a report with charging recommendations, which was delivered to the DA but was never fully released to the public.

The release of the full report is expected to reveal who the special purpose grand jury recommended to be charged and what charges it recommended — as well as how that information aligns with the charges Willis ultimately brought.

Former President Donald Trump walks to speak with reporters before departure from Hartsfield-Jackson Atlanta International Airport, Aug. 24, 2023, in Atlanta.

Alex Brandon/AP

The DA was not bound by the special purpose grand jury’s recommendations and was free to pursue her own charges.

Once the report was completed this past February, Judge Robert McBurney ordered most of it to remain under seal “until such time as the District Attorney completes her investigation.” A few portions of the report were released, but none of the charging recommendations were.

In addition to report’s introduction and conclusion, one section was released in which the grand jury recommended perjury charges for some witnesses who they said may have lied under oath during their testimony — but the redacted report did not include their identities.

In ordering the full report to now be released, McBurney wrote that the filing of the indictment last month “eliminates the due process concerns” that previously kept the majority of the report sealed.

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