Chesebro, Powell allowed to interview Trump grand jurors in Georgia case

Two prominent defendants in the sweeping Georgia election interference case involving former President Trump will be allowed to interview members of the grand jury that investigated and ultimately charged Trump and his allies in attempting to overturn the state’s election.

Fulton County, Ga., Superior Court Judge Scott McAfee ruled Wednesday that attorneys for Kenneth Chesebro and Sidney Powell may request voluntary interviews with the grand jurors with some oversight from the court.

“Defense counsel here are entitled, and would be expected, to conduct a thorough investigation in the zealous representation of their clients,” McAfee wrote in court filings. “Setting aside scenarios involving harassment of some kind, the desire to simply talk to the grand jurors is not ‘illegal.'”

McAfee ordered the defense to submit the questions it intends to ask any willing grand jurors, to which the government will have an opportunity to reply. Then, the court will contact the grand jurors to ask whether they are willing to submit to an interview. Any interviews will be conducted before the court with all parties present, he said.

During a hearing last week on the motion, attorneys for Chesebro and Powell suggested some grand jurors may have felt “bullied” by prosecutors into voting in favor of charging the defendants. It led to a testy exchange between McAfee and Chesebro attorney Scott Grubman.

“Ms. [Fulton County prosecutor Daysha] Young is trying to send my client to prison, and we have the right to know if it was done properly,” Grubman said.

Members of the grand jury that defense attorneys have permission to question are not the same people as those on the special grand jury. 

The regular grand jury indicted Trump and his 18 co-defendants on charges they entered a criminal enterprise bent on keeping the former president in power after he lost the 2020 election.

The special grand jury was tasked with investigating whether any violation of Georgia law had occurred and creating a report to reflect their findings. The report, which detailed whom the grand jurors suggested should be indicted, was released in full earlier this month.

McAfee also denied the defendants’ requests to receive all records generated by the special grand jury but said any recordings or transcripts of witness testimony before the grand jury must be turned over.

Decisions in Chesebro and Powell’s cases have been expedited after the pair invoked their right to a speedy trial. Their joint trial is set to begin in nearly a month, on Oct. 23.

Updated 2:27 p.m.