2022 Ex 000024 Ex Parte Order of The Judge
2022 Ex 000024 Ex Parte Order of The Judge
2022 Ex 000024 Ex Parte Order of The Judge
objection, the Special Purpose Grand Jury's final report that sets forth its findings and
into possible criminal interference in the 2020 general election in Georgia be entered into
the public docket on 8 September 2023. There have been no objections lodged.
Therefore, attached to this Order as Exhibit A is the final report, with only the names of
the two signatories redacted. The Clerk is directed to make this Order and its attachment
1
EXHIBIT A
to Order of 8 September 2023
2022-EX-000024
1 SPECIAL PURPOSE GRAND JURY REPORT
2
3 This Special Purpose Grand Jury (herein referred to as "the Grand Jury") was
4 impaneled pursuant to an Order dated January 24, 2022 by Christopher S. Brasher,
5 Chief Judge of the Superior Court of Fulton County, Atlanta Judicial Circuit. The
6 Grand Jury consisted of twenty-six Fulton County residents, three of whom were
7 alternates. On any day testimony was received or deliberations were had, the number
8 of jurors present ranged between sixteen and twenty-four as availability allowed.
9 Pursuant to statute, if we had our needed quorum f sixteen jurors present, we could
10 do business with that.
11 The Grand Jury was impaneled to investigate a specific issue: the facts and
12 circumstances relating directly or indirectly to possible attempts to disrupt the lawful
13 administration of the 2020 presidential elections in the State of Georgia.
14 This Grand Jury was selected on May 2"4, 2022 and first heard evidence on
15 June 1,5 2022. We continued to hear evidence and receive information into
16 December 2022. The Grand Jury received evidence from or involving 75 witnesses
17 during the course of this investigation, the overwhelming majority of which
18 information was delivered in person under oath. The Grand Jury also received
19 information in the form of investigator testimony and various forms of digital and
20 physical media. Pursuant to Georgia law, a team of assistant district attorneys
21 provided the Grand Jury with applicable statutes and procedures. Any
22 recommendation set out herein is the sole conclusion of the Grand Jury based on
23 testimony presented, facts received, and our deliberations.
24 Following is the final report of the Special Purpose Grand Jury. We set forth
25 for the Court our recommendations on indictments and relevant statutes, including
26 the votes by the Grand Jurors. This includes the votes respective to each topic,
27 indicated in a "Yea/Nay/Abstain" format throughout. The total number of
28 Grand Jurors who placed a vote on each topic has been indicated in each section.
29 Footnotes have been added in certain places where a juror requested the opportunity
30 to clarify their vote for any reason. Each applicable statute is referenced by citation
1
1 number. Attached to this document as Appendix A is a complete set of Georgia
2 statutes referenced below.
3 The Grand Jury heard extensive testimony on the subject of alleged election
4 fraud from poll workers, investigators, technical experts, and State of Georgia
5 employees and officials, as well as from persons still claiming that such fraud took
6 place. We find by a unanimous vote that no widespread fraud took place in the
7 Georgia 2020 presidential election that could result in overturning that election.
8 I.
9 With respect to the January 2"4, 2021 phone call from President Trump to
10 Secretary of State Brad Raffensperger, the Grand Jury recommends the District
11 Attorney seek indictments against the following individual(s):
12 Donald Trump
13 Relevant Statutes, including votes (22):
14 0.C.G.A. 16-10-93 (b) 21Y/1N/OA
15 0.C.G.A. 16-10-20 21Y/1N/OA
16 0.C.G.A. 21-2-604 18Y/1N/3A
17 O.C.G.A. 21-2-597 19Y/1N/2A
18 0.C.G.A 16-4-7, criminal solicitation
19 0.C.G.A. 16-10-8 19Y/1N/2A
20 0.C.G.A.16-10-20 20Y/1N/1A
21 In the same connection, we recommend seeking an indictment against the
22 following individual(s):
23 Cleta Mitchell
24 Relevant Statutes, including votes (18):
25 0.C.G.A. 16-10-93 (b) 18Y/ON/OA
26 0.C.G.A. 16-10-20 18Y/0N/OA
27 0.C.G.A. 21-2-604 18Y/ON/OA
28 0.C.G.A. 21-2-597 18Y/ON/OA
29 0.C.G.A. 16-4-7, criminal solicitation
30 0.C.G.A. 16-10-8 12Y/SN/1A
2
1 0.C.G.A. 16-10-20 12Y/5N/1A
2
3 IL.
20
21 Il.
22 With respect to the several legislative hearings held before the Georgia
23 legislature in December of 2020 and evidence presented therein, including items such
24 as: the State Farm Arena video, the purported statistics of vote discrepancies, and the
25 allegations of improper conduct by Fulton County election staff; the Grand Jury
26 recommends that the District Attorney seek indictments against the following
27 individual(s), including the votes (21):
28 Rudy Giuliani 19Y/ON/2A
29 Jacki Pick 21Y/ON/OA
30 Robert Cheeley 18 Y/0N/3A
3
1 William Ligon 19Y/ON/2A
2 Relevant Statute(s):
3 0.C.G.A. 16-10-20
4 Upon further consideration!, relevant statutes including the votes (18):
5 0.C.G.A. 16-10-20.1 17Y/1N/0A
6 In the same connection, we recommend seeking an indictment against the
7 following individual(s):
8 Ray Smith
9 John Eastman
10 Scott Hall
11 Relevant Statute(s)2, including the votes:
12 0.C.G.A. 16-10-20 18Y/ON/OA
13 0.C.G.A. 16-10-20.1 17Y/1N/OA
14
15 IV.
!
This vote was taken ona different day.
One juror believes there should be further investigation looking at 0.C.G.A. 21-2-604.
4
1 V.
3
The two dissenting jurors believe the electors should not be indicted for doing what they were
misled to understand as their civic duty.
+
With respect to the alternate slate of electors, 0.C.G.A. 16-4-7 would not be applicable.
5
1 0.C.G.A. 16-10-20.1
2 0.C.G.A. 16-10-20
3 0.C.G.A. 16-9-1
4 0.C.G.A. 16-4-7, criminal solicitation of same
5
6 Vi.
7 With respect to the post-November 2020 election events that took place in
8 Coffee County, including access by unauthorized persons to County voting machines
9 and the data contained therein, the Grand Jury recommends that the District Attorney
22 With respect to the national effort to overturn the 2020 presidential election,
23 focused on efforts in Georgia, Arizona, Wisconsin, Michigan, Pennsylvania, and the
24 District of Columbia, the Grand Jury recommends that the District Attorney seek
25 indictments of the following person(s), including votes® (21):
5
With respect to the inclusion of the election statutes 21-2-580 and 21-2-582, the three dissenting
grand jurors do not believe that the wording of the statutes applies to the conduct at issue.
6
One ofthe dissenting jurors voting against recommending seeking indictments of former Senators
Perdue and Loeffler on a RICO claim believes that their statements following the November 2020
election, while pandering to their political base, do not give rise to their being guilty ofa criminal
conspiracy.
6
1 Rudy Giuliani 20Y/1N/OA
2 John Eastman 20Y/1N/OA
3 Kenneth Chesebro 20Y/1N/OA
4 Donald Trump 20Y/1N/OA
5 Cleta Mitchell 20Y/1N/OA
6 Jenna Ellis 20Y/1N/OA
7 Mark Meadows 20Y/1N/OA
8 David Shafer 20 Y/1N/OA
9 Ray Smith 20Y/1N/OA
10 Lin Wood 20Y/1N/OA
11 Lindsey Graham 13Y/7N/1A
12 Sidney Powell 20Y/1N/OA
13 Robert Cheeley 20Y/1N/OA
14 Michael Flynn 20Y/1N/OA
15 William Ligon 20Y/1N/OA
16 David Perdue 17Y/4N/0A
17 Kelly Loeffler 14Y/6N/1A
18 Cathleen Latham 18Y/3N/0A
19 Misty Hampton 18Y/3N/OA
20 Scott Hall 17Y/4N/0A
21 Boris Epshteyn 20Y/1N/OA
22 Jeff Clark 20Y/1N/OA
23 Kurt Hilbert 19Y/1N/1A
24 Steven Lee 19Y/2N/0A
25 Trevian Kutti 19Y/2N/OA
26 Harrison Floyd 19Y/2N/0A
27 Alex Kaufman 17Y/3N/1A
28 Alternate Slate:
29 Joseph Brannan 9Y/9N/3A
30 Vikki Consiglio 9Y/IN/3A
7
1 Carolyn Fisher 9Y/9N/3A
2 Burt Jones 10 Y/8N/3A
3 Gloria Godwin 9Y/IN/3A
4 Mark Hennessy 9Y/IN/3A
5 Mark Amick 9Y/ON/3A
6 John Downey 9Y/9N/3A
7 Brad Carver 9Y/9N/3 A
8 Shawn Still 9Y/IN/3A
9 C. B. Yadav 9Y/IN/3A
10 Relevant Statute(s):
11 0.C.G.A. 16-4-3 and all relevant subsections
12
13 VIL.
14 A majority of the Grand Jury believes that perjury may have been committed
15 by one or more witnesses testifying before it. The Grand Jury recommends that the
16 District Attorney seek appropriate indictments for such crimes where the evidence is
17 compelling.
18 CONCLUSION
19
20 The Grand Jury wishes to acknowledge the hardworking attorneys and staff of
21 the Fulton County District Attorney's office. Any legal errors contained in this report
22 should not be laid at their feet, however, because that Office had nothing to do with
23 the recommendations contained herein.
24 If this report fails to include any potential violations of referenced statutes that
28 this Grand Jury used their collective best efforts, however, to attend every session,
29 listen to every witness, and attempt to understand the facts as presented and the laws
30 as explained.
8
1 If the Court finds this report to have satisfied the purpose of the Special
8 /s/
9 Foreperson
10
11 WM
12 Deputy Foreperson
13
9
1 APPENDIX A 0.C.G.A. STATUTES REFERENCED ABOVE
-
3 (a) A person commits the offense of criminal solicitation when, with intent that
4 another person engage in conduct constituting a felony, he solicits, requests,
5 commands, importunes, or otherwise attempts to cause the other person to
6 engage in such conduct.
7 (b) A person convicted of the offense of criminal solicitation to commit a felony shall
8 be punished by imprisonment for not less than one nor more than three years. A
12 (c) It is no defense to a prosecution for criminal solicitation that the person solicited
13 could not be guilty of the crime solicited.
14 (d) The provisions of subsections (a) through (c) of this Code section are cumulative
15 and shall not supersede any other penal law of this state.
16
19 with one or more persons conspires to commit any crime and any one or more of such
20 persons does any overt act to effect the object of the conspiracy. A person convicted of
21 the offense of criminal conspiracy to commit a felony shall be punished by
22 imprisonment for not less than one year nor more than one-half the maximum period of
23 time for which he could have been sentenced if he had been convicted of the crime
24 conspired to have been committed, by one-half the maximum fine to which he could
25 have been subjected if he had been convicted of such crime, or both. A person
10
1 conspiracy to commit a crime punishable by death or by life imprisonment shall be
2 punished by imprisonment for not less than one year nor more than ten years.
21 not isolated incidents, provided at least one of such acts occurred after
22 July 1, 1980, and that the last of such acts occurred within four years,
28 (5)
11
1 (A) "Racketeering activity" means to commit, to attempt to commit, or to
2 solicit, coerce, or intimidate another person to commit any crime which
7 11 of Chapter 1 of Title 7;
12 title;
13 (vi Kidnapping, false imprisonment, and related offenses in violation
14 of Article 3 of Chapter 5 of this title;
15 (vii) Prostitution, keeping a place of prostitution, pimping, and
20 title;
21 (xi) Bombs, explosives, and chemical and biological weapons in
12
1 (xviii) Use of an article with an altered identification mark in violation
30 this title;
13
1 (xxxvii} Payday loans in violation of Chapter 17 of this title;
10 persons.
11 (B) "Racketeering activity" shall also mean any act or threat involving
12 murder, kidnapping, gambling, arson, robbery, theft, receipt of stolen
20 through 5330.
21 (6) "Real property" means any real property situated in this state or any interest in
22 such real property, including, but not limited to, any lease of or mortgage upon
14
1 (b) It shail be unlawful for any person employed by or associated with any enterprise
4 (c) It shall be unlawful for any person to conspire or endeavor to violate any of the
5 provisions of subsection (a) or (b) of this Code section. A person violates this
6 subsection when:
7 (1) He or she together with one or more persons conspires to violate any of
8 the provisions of subsection (a) or (b) of this Code section and any one or
9 more of such persons commits any overt act to effect the object of the
10 conspiracy; or
11 (2) He or she endeavors to violate any of the provisions of subsection (a) or (b)
12 of this Code section and commits any overt act to effect the object of the
13 endeavor.
20 (3) "Writing" includes, but shall not be limited to, printing or any other method of
21 recording information, money, coins, tokens, stamps, seals, credit cards, badges,
22 trademarks, and other symbols of value, right, privilege, or identification.
23 (b) A person commits the offense of forgery in the first degree when with the intent to
24 defraud he or she knowingly makes, alters, or possesses any writing, other than a check,
25 in a fictitious name or in such manner that the writing as made or altered purports to
26 have been made by another person, at another time, with different provisions, or by
27 authority of one who did not give such authority and utters or delivers such writing.
28 (c) A person commits the offense of forgery in the second degree when with the intent to
29 defraud he or she knowingly makes, alters, or possesses any writing, other than a check,
30 in a fictitious name or in such manner that the writing as made or altered purports to
15
1 have been made by another person, at another time, with different provisions, or by
5 (1) Makes, alters, possesses, utters, or delivers any check written in the amount of
6 $1,500.00 or more in a fictitious name or in such manner that the check as
8 time, with different provisions, or by authority of one who did not give such
9 authority; or
10 (2) Possesses ten or more checks written without a specified amount in a fictitious
11 name or in such manner that the checks as made or altered purport to have
16 (1) Makes, alters, possesses, utters, or delivers any check written in the amount of
17 less than $1,500.00 in a fictitious name or in such manner that the check as
19 time, with different provisions, or by authority of one who did not give such
20 authority; or
21 (2) Possesses less than ten checks written without a specified amount in a fictitious
22 name or in such manner that the checks as made or altered purport to have
29 (1) Taking or appropriating any property of another, whether or not with the
30 intention of depriving the owner of possession;
16
1 (2) Obtaining property by any deceitful means or artful practice; or
2 (3) Converting property to such person's use in violation of an agreement or other
3 known legal obligation to make a specified application or disposition of such
4 property
5 shall be guilty of the crime of computer theft.
6 (b) Computer Trespass. Any person who uses a computer or computer network with
7 knowledge that such use is without authority and with the intention of:
16 (c) Computer Invasion of Privacy. Any person who uses a computer or computer network
17 with the intention of examining any employment, medical, salary, credit, or any other
18 financial or personal data relating to any other person with knowledge that such
20 privacy.
21 (d) Computer Forgery. Any person who creates, alters, or deletes any data contained in any
22 computer or computer network, who, if such person had created, altered, or deleted a
23 tangible document or instrument would have committed forgery under Article 1 of this
24 chapter, shall be guilty of the crime of computer forgery. The absence of a tangible
25 writing directly created or altered by the offender shall not be a defense to the crime of
30 disclosure is without authority and which results in damages {including the fair market
31 value of any services used and victim expenditure) to the owner of the computer or
17
1 computer network in excess of $500.00 shall be guilty of the crime of computer
2 password disclosure.
3 (f) Article not Exclusive. The provisions of this article shall not be construed to preclude
4 the applicability of any other law which presently applies or may in the future apply to
8 provision of this article may sue therefor and recover for any damages sustained
9 and the costs of suit. Without limiting the generality of the term, "damages"
11 (2) At the request of any party to an action brought pursuant to this Code section,
12 the court shall by reasonable means conduct all legal proceedings in such a way
15 the same ora similar act by another person and to protect any trade secrets of
16 any party.
17 (3) The provisions of this article shall not be construed to limit any person's right to
19 (4) A civil action under this Code section must be brought within four years after
20 the violation is discovered or by exercise of reasonable diligence should have
21 been discovered. For purposes of this article, a continuing violation of any one
23 such person.
25 (1) Any person convicted of the crime of computer theft, computer trespass,
26 computer invasion of privacy, or computer forgery shall be fined not more than
27 $50,000.00 or imprisoned not more than 15 years, or both.
28 (2) Any person convicted of computer password disclosure shall be fined not more
29 than $5,000.00 or incarcerated for a period not to exceed one year, or both.
18
1 3. 0.C.G.A. § 16-10-8: False official certificates or writings by officers or employees
2 of state and political subdivisions.
11 subdivisions.
20 than $1,000.00 or by imprisonment for not less than one nor more
22
26 retrievable in perceivable form and shall include, but shall not be limited to, liens,
27 encumbrances, documents of title, instruments relating to a security interest in or title
28 to real or personal property, or other records, statements, or representations of fact,
19
1 (b) Notwithstanding Code Sections 16-10-20 and 16-10-71, it shall be unlawful for any
2 person to:
3 (1) Knowingly file, enter, or record any document in a public record or court of this
4 state or of the United States knowing or having reason to know that such
7 (2) Knowingly alter, conceal, cover up, or create a document and file, enter, or
8 record it in a public record or court of this state or of the United States knowing
9 or having reason to know that such document has been altered or contains a
13 nor more than ten years, a fine not to exceed $10,000.00, or both.
14 (d) This Code section shall not apply to a court clerk, registrar of deeds, or any other
15 government employee who is acting in the course of his or her official duties.
20 (b} A person convicted of the offense of perjury shall be punished by a fine of not more
21 than $1,000.00 or by imprisonment for not less than one nor more than ten years, or
22 both. A person convicted of the offense of perjury that was a cause of another's being
23 imprisoned shall be sentenced to a term not to exceed the sentence provided for the
24 crime for which the other person was convicted. A person convicted of the offense of
25 perjury that was a cause of another's being punished by death shall be punished by life
26 imprisonment.
28 (a) A person who, with intent to deter a witness from testifying freely, fully, and truthfully
29 to any matter pending in any court, in any administrative proceeding, or before a grand
30 jury, communicates, directly or indirectly, to such witness any threat of injury or damage
20
1 to the person, property, or employment of the witness or to the person, property, or
2 employment of any relative or associate of the witness or who offers or delivers any
3 benefit, reward, or consideration to such witness or to a relative or associate of the
4 witness shall, upon conviction thereof, be punished by imprisonment for not less than
6 (b)
7 (1) It shall be unlawful for any person knowingly to use intimidation, physical force,
8 or threats; to persuade another person by means of corruption or to attempt to
9 do so; or to engage in misleading conduct toward another person with intent to:
30 than two nor more than ten years or by a fine of not less than $10,000.00 nor
21
1 (A) For the purposes of this Code section, the term "official proceeding"
17 local government; or
18 (ii) That the judge is a judge of this state or its political subdivisions
19 or that the law enforcement officer is an officer or employee of
23 (E) A prosecution under this Code section may be brought in the county
27 (c) Any crime committed in violation of subsection (a) or (b) of this Code section shall be
28 considered a separate offense.
22
1 (1) Willfully prevents or attempts to prevent any poll officer from holding any
2 primary or election under this chapter;
3 (2) Uses or threatens violence in a manner that would prevent a reasonable poll
4 officer or actually prevents a poll officer from the execution of his or her duties
7 (3) Willfully blocks or attempts to block the avenue to the door of any polling place;
8 (4) Uses or threatens violence in a manner that would prevent a reasonable elector
9 from voting or actually prevents any elector from voting;
10 (5) Willfully prepares or presents to any poll officer a fraudulent voter's certificate
18 imprisonment for not less than one nor more than ten years or to pay a fine not
26 election;
27 (2) Willfully prepares a voting machine or an electronic ballot marker or tabulating
28 machine for use in a primary or election in improper order for voting; or
29 (3) Prevents or attempts to prevent the correct operation of such electronic ballot
23
1 shall be guilty of a felony.
2
14 duties.
18 misdemeanor.
19
21 (1) A person commits the offense of criminal solicitation to commit election fraud
22 in the first degree when, with intent that another person engage in conduct
26 (2) A person commits the offense of criminal solicitation to commit election fraud
27 in the second degree when, with intent that another person engage in conduct
24
1 (b)
2 (1) A person convicted of the offense of criminal solicitation to commit election
3 fraud in the first degree shal! be punished by imprisonment for not less than
7 (c) It is no defense to a prosecution for criminal solicitation to commit election fraud that
9 (d) The provisions of subsections (a) through (c) of this Code section are cumulative and
10 shall not supersede any other penal law of this state.
11
12
25
Addendum to Special Purpose Grand Jury Final Report
The undersigned Special Purpose Grand Jury Foreperson and Deputy Foreperson hereby
make this Addendum to the Special Purpose Grand Jury Final Report to clarify two matters:
1. Before its dissolution, the Special Purpose Grand Jury voted to recommend that the
Special Purpose Grand Jury Final Report be published. The Special Purpose Grand Jury
did not recommend a manner or time for such publication.
2. Atno time were 24 or more jurors present when evidence was received. 24 jurors,
including alternates, were present only at an introductory meeting at the Fulton County
Courthouse on May 12, 2022.
Foreperson
Deputy Foreperson