ATLANTA — A Fulton County judge has ruled that a jury's final report on potential criminal actions by former President Donald Trump and his allies following the 2020 election won't be published in full for now.
Fulton County Superior Court Judge Robert McBurney ruled on Monday that portions of the report will be published Thursday, Feb. 16.
The only portions of the report to be published this week will be the introduction, the conclusion and a section in which the jury expresses concern that some witnesses "lied under oath" during their testimony. Those witnesses weren't identified by the grand jury.
The delay gives the Fulton County District Attorney's Office an opportunity to meet with McBurney to determine if anything within those three portions should be redacted before publication.
In a statement, District Attorney Fani Willis said she found the order "legally sound and consistent with my request" and would not appeal it.
In his order, McBurney said the grand jury didn't exceed the scope of its investigation. The report includes a list of who should or should not be indicted and the potential crimes they committed.
However, McBurney expressed concerns about due process for potential future defendants as they did not have an opportunity to present outside evidence during the grand jury's investigation, he said.
"By all appearances, the special purpose grand jury did its work by the book," McBurney said. "The problem here, in discussing public disclosure, is that that book's rules do not allow for the objects of the District Attorney's attention to be heard in the manner we require in a court of law."
"The consequence is that those recommendations are for the District Attorney's eyes only — for now," McBurney added.
Attorneys representing the Fulton County's DA and a group of media organizations — including 11Alive — were in court last month arguing about the report's release.
In the Jan. 24 court hearing, DA Willis and her team said that releasing the report before she's announced whether or not she'll seek criminal charges is "dangerous." Those decisions, Willis said, are "imminent."
The DA's office did not argue that the report should remain secret forever.
"The state understands the media's inquiry and the world's interest, but we have to be mindful of future defendants' rights," she said.
Attorneys for the media outlets argued that report should be released in its entirety and without delay because the document is a court record. McBurney rejected that argument in his order.
"The final report, as the District Attorney argued, was ultimately destined for her, not the Court," McBurney said. "It will inform her investigative decision-making process, not the Court's."
The Fulton County Special Purpose Grand Jury ended its investigation in January. The 23-person jury heard from 75 witnesses during its eight-month probe. The panel recommended its final report be published.
Should Willis seek criminal charges related to the investigation, she'll have to take cases before a regular grand jury. A special purpose grand jury can't issue indictments. It serves as an investigatory vehicle, preparing a summary report and offering recommendations.