Georgia judge OKs only partial release of Trump special grand jury report, citing 'very limited due process'

A Georgia judge on Monday ordered only the partial release later this week of a special grand jury report into efforts by former President Donald Trump and his allies to overturn his 2020 election loss, refusing to release the report in its entirety citing "very limited due process" afforded to Trump's allies who've testified. 

The report’s introduction and conclusion, as well as a section in which the grand jurors expressed concerns that some witnesses may have lied under oath, will be released on Thursday, Fulton County Superior Court Judge Robert McBurney said. 

Any recommendations on who should or should not be prosecuted will remain secret for now to protect their due process rights, McBurney wrote.

McBurney's order came three weeks after hearing arguments from prosecutors, who urged the report be kept secret until they decide on charges, and a coalition of media organizations, which pressed for its release. It comes as the former president ramps up a 2024 White House campaign. 

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The special grand jury spent about seven months hearing testimony from witnesses, including high-profile Trump allies, such as attorney Rudy Giuliani and Sen. Lindsey Graham of South Carolina, and high-ranking Georgia officials, such as Secretary of State Brad Raffensperger and Gov. Brian Kemp.

McBurney wrote that the report includes recommendations for Fulton County District Attorney Fani Willis, including "a roster of who should (or should not) be indicted, and for what, in relation to the conduct (and aftermath) of the 2020 general election in Georgia." 

The special grand jury did not have the power to issue indictments, and it will ultimately be up to Willis to decide whether to seek indictments from a regular grand jury.

The special grand jury's final report was requested by Willis and is meant to inform her investigative decision-making process, McBurney wrote, adding that the panel's investigation was largely controlled by the district attorney and her team and was "a one-sided exploration."

There was "very limited due process" for people for whom the grand jurors recommended charges, McBurney wrote. Some may not have had the opportunity to appear before the panel, and those who did appear did not have the right to have their lawyers present or to offer any rebuttal.

For that reason, the judge concluded, it is not appropriate to release the full report at this time.

It is not clear if or when Willis will present the case to a regular grand jury with the purpose of getting one or more indictments. At a Jan. 24 hearing, she said decisions are "imminent" but did not elaborate.

At that hearing, Willis had argued against the immediate release of the report, saying it could violate the rights of potential defendants and negatively affect the ability to prosecute those who may be charged with crimes.

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"We want to make sure that everyone is treated fairly, and we think for future defendants to be treated fairly, it is not appropriate at this time to have this report released," Willis said during the hearing.

The Associated Press contributed to this report.