Prosecutor not charging Georgia lieutenant governor in 2020 election probe

Georgia’s lieutenant governor won’t face charges in an investigation over his actions following the 2020 election, the prosecutor overseeing the probe announced Friday. 

Lt. Gov. Burt Jones (R) was previously part of Fulton County District Attorney Fani Willis’s (D) investigation that culminated in criminal charges against former President Trump and a slew of his allies, but Willis was disqualified from pursuing Jones.

Peter Skandalakis, the executive director of the Prosecuting Attorneys’ Council of Georgia who in April assumed oversight of probing Jones, announced Friday that he isn’t bringing charges.

“My review of the evidence finds this matter does not warrant further consideration,” Skandalakis said in a statement.

“The evidence reveals Senator Jones acted in a manner consistent with his position representing the concerns of his constituents and in reliance upon the advice of attorneys when he served as an alternate elector,” he continued. “The evidence also indicates Senator Jones did not act with criminal intent, which is an essential element of committing any crime.”

A state senator at the time, Jones was one of 16 pro-Trump individuals who signed Electoral College documents falsely claiming the former president won Georgia in 2020, despite President Biden’s victory in the state. Jones also attempted to convene a special session of the state Legislature.

The prosecutor said Jones’s actions were “reasonable and not criminal in nature,” as he was relying on legal advice when being an alternate elector and was otherwise acting within the scope of his authority as a state senator.

“While the advice may eventually be judged to be incorrect, Senator Jones, like any other citizen, should not be punished for relying upon the guidance of counsel under these specific facts and conditions,” Skandalakis wrote. “In the context of criminal cases, constitutionally ineffective legal advice results in the setting aside of criminal convictions.” 

“It is my experience and belief that we should encourage someone to seek the advice of a lawyer when faced with an uncertain legal issue. Potentially punishing someone for exercising that right is contrary to our system of justice,” he added.

The development was first reported by The Atlanta Journal-Constitution.

Skandalakis’s four-page statement indicates Jones fully cooperated with the investigation, including by participating in four voluntary interviews and turning over text messages that weren’t available to Willis as she weighed bringing charges.

A state judge disqualified Willis from prosecuting Jones after the district attorney headlined a fundraiser for a Democratic candidate who went on to face Jones in his race for lieutenant governor.

In a statement, Jones said he looked forward to being able to focus on the work he “was elected to do.”

“I have always wanted to tell my story in front of a fair and unbiased prosecutor, which Fani Willis clearly is not. I am thankful that I finally had the opportunity to do that. Ms. Willis has wasted millions of taxpayer dollars trying to weaponize our judicial system, increase her political profile, and finance an inappropriate relationship with her boyfriend,” Jones said.