Emily Kohrs, the forewoman of a special grand jury in Georgia probing former President Donald Trump’s effort to have the state’s Electoral College vote overturned, may have jeopardized the case with her recent interviews.
As CBS News notes, the grand jury “served as an investigatory body that could recommend charges but could not indict.” Following its report last week, which found that there was no voter fraud in the 2020 presidential election, but that several witnesses may have perjured themselves, the Fulton County district attorney is now considering indictments against Trump and others. (Trump was not called as a witness by the grand jury.)
Kohrs gave a series of flamboyant interviews on Tuesday to left-leaning media outlets, including CNN and MSNBC, talking about her desire to see Trump subpoenaed and indicted, as well as other aspects of the case.
The oath taken by grand jurors in Georgia includes a promise to guard the secrecy of deliberations. From the state grand jury handbook (original emphasis):
The oath you take as a grand juror requires that you “shall keep the deliberations of the Grand Jury secret unless called upon to give evidence thereof in some court of law of this State.” There are important reasons why you are commanded not to disclose to anyone what occurs while the Grand Jury is in session: secrecy protects witnesses from intimidation or tampering, and makes it more difficult for a witness to avoid subpoena, hide or destroy evidence, or for a defendant to evade arrest. Secrecy not only aids in the investigation process, but is of particular importance to an accused that may later be cleared by a return of a no bill.
In this case, the New York Times noted:
Judge Robert C.I. McBurney of Fulton County Superior Court, who is handling the case, has not barred the jurors from talking to reporters, but has sought to limit what they discuss — in particular when it comes to describing their deliberations. Ms. Kohrs is the first of the 23 jurors, and an additional three alternates, to speak out.
Whether Kohrs flouted the rules or not, her evident desire to see Trump prosecuted may help attorneys for the former president, and any other potential defendants, quash subpoenas and indictments. CBS News notes: [L]awyers for several witnesses are preparing to move to quash indictments, based on the forewoman’s comments, which they would argue taint any such charges and the investigation.”
Joel B. Pollak is Senior Editor-at-Large at Breitbart News and the host of Breitbart News Sunday on Sirius XM Patriot on Sunday evenings from 7 p.m. to 10 p.m. ET (4 p.m. to 7 p.m. PT). He is the author of the new biography, Rhoda: ‘Comrade Kadalie, You Are Out of Order’. He is also the author of the recent e-book, Neither Free nor Fair: The 2020 U.S. Presidential Election. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. Follow him on Twitter at @joelpollak.
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