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Judge concludes hearing on Trump grand jury report without a decision – as it happened

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‘This is not simple,’ says judge on releasing Georgia grand jury’s report into Trump’s efforts to overturn 2020 election results

 Updated 
in Washington
Tue 24 Jan 2023 16.00 ESTFirst published on Tue 24 Jan 2023 08.44 EST
President Donald Trump speaks on the telephone with Australian Prime Minister Malcolm Turnbull in the Oval Office of the White House
Donald Trump
(AP Photo/Alex Brandon, File)
Photograph: Alex Brandon/AP
Donald Trump
(AP Photo/Alex Brandon, File)
Photograph: Alex Brandon/AP

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No decision yet as judge concludes hearing on Trump grand jury report

At the conclusion of a 90-minute hearing, an Atlanta judge did not rule on whether to release a special grand jury’s report into the campaign from Donald Trump and his allies to overturn Joe Biden’s election win in Georgia.

“This is not simple. I think the fact that we had to discuss this for 90 minutes shows that it is somewhat extraordinary,” Fulton county superior court judge Robert McBurney said. “Partly what’s extraordinary is what’s at issue here, the alleged interference with a presidential election.”

“My proposal is that I think about this a little bit and then contact both groups, the district attorney’s office and the intervenors, if I’ve got specific questions for which I’d like more input,” McBurney said, adding that if he does decide to make the report public, he will give notice before doing so. “No one’s going to wake up with the court having disclosed the report on the front page of the newspaper.”

Several media organizations had asked McBurney to release the document, which could lay out whether the jurors believe Trump and his allies committed crimes when they unsuccessfully pressured officials in Georgia to prevent Biden from winning the state’s electoral votes in the 2020 election.

Fani Willis, the Fulton county district attorney who began the investigation, argued against the report’s release, saying, “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.”

She also added that “decision are imminent” on the report’s findings.

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Key events

Closing summary

A judge in Atlanta heard arguments over whether to release a special grand jury’s report into Donald Trump’s attempt to overturn Joe Biden’s election win in the state three years ago, but made no decision. In Washington, lawmakers are digesting news that classified documents turned up at former vice president Mike Pence’s residence in Indiana, as they have at properties linked to Biden and Trump. Will attorney general Merrick Garland appoint yet another special counsel to investigate the matter? Will documents be discovered in the hands of even more former White House occupants? It’s too soon to say, but one thing’s for sure: this story won’t be going away anytime soon.

Here’s what else happened today:

With not one, but three former White House occupants in hot water for having stashes of classified documents that they should not have, some in Washington think it’s time to take a look at how the government manages its secrets.

That includes the Democratic Senate leader Chuck Schumer, who said he supports a review of the government’s classification system. Here are his brief comments, from CNN:

Schumer says he backs Sen. Peters' look at bipartisan legislation to overhaul federal record-keeping laws. Adds that oversight will be done by special counsels -- even as the House is trying to probe Biden's handling of classified records pic.twitter.com/ykufsTmq1M

— Manu Raju (@mkraju) January 24, 2023

There has been much reacting on Capitol Hill to news that Mike Pence had classified documents at his home.

Republican lawmakers have generally defended Pence, saying they doubt he did anything wrong. Senator Lindsey Graham is among that group, but he also seemed to indicate that he believed Joe Biden made the same mistake with the secret materials found at his properties:

Here's the video: pic.twitter.com/6QJI5N05aV

— Ahtra Elnashar (@AhtraElnashar) January 24, 2023

Meanwhile, the Senate intelligence committee is planning to meet on Wednesday with director of national intelligence Avril Haines, and Republican senator Marco Rubio said the classified document scandal is sure to come up:

Sen. Marco Rubio, the top Republican on Senate Intel, told us that his committee had already planned to meet Wednesday with Avril Haines, the director of national intelligence, and they plan to press her about the handling of classified documents.

“No way it doesn’t come up”

— Manu Raju (@mkraju) January 24, 2023

Separately, attorney general Merrick Garland was asked about the affair, including whether he would name a special counsel to investigate the documents at Pence’s house, as he did for those found at Biden and Donald Trump’s properties.

His answer was no surprise:

AG Merrick Garland says he is “unable to comment” when asked about classified documents found at former VP Mike Pence's home, if a special counsel will be named, and if a policy change is needed after Biden, Trump, and Pence all had classified materials at their homes. pic.twitter.com/qjHjGAfKc1

— The Recount (@therecount) January 24, 2023

As chair of the House oversight committee, James Comer is a leader of the Republican investigation campaign against the Biden administration – including the president’s possession of classified documents.

He has sent demands to multiple government agencies for more details about the documents found in the president’s residence and former office, and who may have had access to them. But when news broke that Republican former vice president Mike Pence also had classified material in his home, Comer released a statement displaying a softer touch. Here’s what he had to say:

Former Vice President Mike Pence reached out today about classified documents found at his home in Indiana. He has agreed to fully cooperate with congressional oversight and any questions we have about the matter. Former Vice President Pence’s transparency stands in stark contrast to Biden White House staff who continue to withhold information from Congress and the American people.

The day so far

A judge in Atlanta heard arguments over whether to release a special grand jury’s report into Donald Trump’s attempt to overturn Joe Biden’s election win in the state three years ago, but made no decision. In Washington, lawmakers are digesting news that classified documents turned up at former vice president Mike Pence’s residence in Indiana, as they have at properties linked to Biden and Trump. Will attorney general Merrick Garland appoint yet another special counsel to investigate the matter? Will documents be discovered in the hands of even more former White House occupants? It’s too soon to say, but one thing’s for sure: this story won’t be going away anytime soon.

Here’s what else has been going on today:

No decision yet as judge concludes hearing on Trump grand jury report

At the conclusion of a 90-minute hearing, an Atlanta judge did not rule on whether to release a special grand jury’s report into the campaign from Donald Trump and his allies to overturn Joe Biden’s election win in Georgia.

“This is not simple. I think the fact that we had to discuss this for 90 minutes shows that it is somewhat extraordinary,” Fulton county superior court judge Robert McBurney said. “Partly what’s extraordinary is what’s at issue here, the alleged interference with a presidential election.”

“My proposal is that I think about this a little bit and then contact both groups, the district attorney’s office and the intervenors, if I’ve got specific questions for which I’d like more input,” McBurney said, adding that if he does decide to make the report public, he will give notice before doing so. “No one’s going to wake up with the court having disclosed the report on the front page of the newspaper.”

Several media organizations had asked McBurney to release the document, which could lay out whether the jurors believe Trump and his allies committed crimes when they unsuccessfully pressured officials in Georgia to prevent Biden from winning the state’s electoral votes in the 2020 election.

Fani Willis, the Fulton county district attorney who began the investigation, argued against the report’s release, saying, “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.”

She also added that “decision are imminent” on the report’s findings.

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Just two weeks ago, Mike Pence told CBS news he was “confident” no classified materials were taken when he left the White House in January 2021:

As documents found in an office used by Pres. Biden are in the spotlight, fmr. VP Mike Pence tells CBS News' @costareports he remains "confident" his staff ensured no classified materials were taken from his time in the White House and remain in his possession. pic.twitter.com/KntHXWNXTC

— CBS News (@CBSNews) January 11, 2023
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CBS News reports Mike Pence discovered he had classified documents after an aide found the materials “in recent weeks”:

SCOOP: Lawyer and longtime Pence aide Matt Morgan, based in Indiana, found the docs after reviewing them at Pence's direction in recent weeks, per 2 people familiar @CBSNews

— Robert Costa (@costareports) January 24, 2023

Politico has obtained more details of the classified documents discovered at Mike Pence’s residence in Indiana.

According to a letter from Pence’s attorney Greg Jacobs to the National Archives, the FBI sent agents to the former vice president’s home on the night of 19 January to collect classified documents found in his safe. Pence wasn’t in town at that time – he was in Washington DC for the anti-abortion March for Life.

Jacobs also said he would turn over four boxes containing “copies of Administration papers” to the Archives on 23 January for them to review for secret material:

NEWS: DOJ sent FBI agents to retrieve a "small number" of classified documents from Mike Pence's Indiana residence last week, while Pence was in DC at the March for Life.

Read the Jan. 18 + 22 letters from PENCE to NARA here: https://t.co/I1zCvXdn05https://t.co/VK2YCMYPuf pic.twitter.com/hVbxLrwGUu

— Kyle Cheney (@kyledcheney) January 24, 2023

Back in Georgia, Fulton county district attorney Fani Willis told the court she does not want the special grand jury’s report released.

“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 in arguments before judge Robert McBurney.

Willis is expected to use the report to decide whether to bring charges against Donald Trump’s allies or perhaps the former president himself over the attempts to overturn Joe Biden’s election win in Georgia. She told McBurney that “decisions are imminent.”

Classified documents found at former VP Mike Pence's house

A lawyer for former vice-president Mike Pence found classified documents at his residence in Indiana, CNN reports.

The discovery at Pence’s Carmel, Indiana, home comes as the justice department investigates government secrets found at Joe Biden’s former office in Washington DC and residence in Delaware, as well as Donald Trump’s possession of similar material at his Mar-a-Lago resort in Florida. Attorney general Merrick Garland has appointed special counsels to handle both men’s cases.

Citing multiple sources, CNN reports that the attorney for Pence, who served as Trump’s vice-president from 2017 to 2021, gave the documents found at his residence to the FBI.

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Judge Robert McBurney has convened the Fulton county superior court hearing that will decide whether to release the report of the special grand jury that investigated Trump’s election meddling campaign in Georgia.

Follow this blog for the latest, or you can watch the live feed embedded above.

Republican senator Lindsey Graham was one of the witnesses called by the special grand jury investigating the election meddling effort in Georgia.

Georgia’s top election official Brad Raffensperger said that shortly after the 2020 election, the South Carolina lawmaker called him to ask if it was possible to throw out absentee ballots. Graham waged an unsuccessful court battle to avoid testifying before the special grand jury, before finally appearing in November.

CNN reports he does not have much to say about the potential release of the panel’s report:

Asked Lindsey Graham — who testified in this case — about the possibility the judge could release report from special grand jury probing Trump effort to overturn election. “Whatever the judge does will be fine,” he said. https://t.co/EE9qOc2Hz7

— Manu Raju (@mkraju) January 24, 2023

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