Fani Willis doesn't have to wait out litigation to bring charges

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Fani Willis doesn't have to wait out litigation to bring charges
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A Georgia judge ordered Fani Willis to reply to a motion from Team Trump by May 1. Still, there's nothing stopping her from obtaining an indictment now. (via Deadline: Legal Blog)

Not necessarily. But it comes down to what Willis’ plan is, and that’s not clear.

Remember, the special grand jury wasn’t tasked with returning an indictment against Trump or anyone else. It was investigative, tasked with examining possible interference in the 2020 presidential election in Georgia.perplexing from a legal perspective . Willis needs to go through a regular grand jury to get an indictment, and anyone charged in an indictment there would have the full scope of rights that any defendant has when charged. That is, the regular grand jury is a separate proceeding.

Either way, there’s nothing stopping her from responding before May 1 if she wants to move things along.might not affect Willis’ timing if she is indeed seeking criminal charges against Trump or others in a regular grand jury. In fact, there’s nothing in McBurney’s order that stops Willis from obtaining an indictment through the regular grand jury even before responding to Trump’s motion on the special grand jury.

The bigger question is whether Willis sees the judge’s order as a bad thing, or as it giving her more time to build her case. How and when she responds to Trump’s motion could give us a clue about her thinking and what’s next.

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