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'That's silly.' Juror didn't damage potential cases in Trump, 2020 election investigation, attorney says

Emily Kohrs dropped hints about who the jury recommended indictments against. Will it hurt potential cases?

ATLANTA — The Fulton County District Attorney's Office has been quiet Wednesday. 

Lead prosecutor Fani Willis and her team said that they will make no public statement after the forewoman of the special purpose grand jury told several media outlets that the jury recommended more than a dozen indictments tied to its investigation.

"We are not speaking about the ongoing investigation at this point," said spokesperson Jeff DiSantis. "We are declining comment at this point."

Emily Kohrs, a 30-year-old Fulton County resident, refused to name the individuals recommended for indictment in her interviews with NBC News, the New York Times, CNN and other media outlets at the instruction of county Superior Court Judge Robert McBurney.

However, she seemed to drop hints about certain individuals. On social media, legal experts and commentators expressed concern that Kohrs' comments may cause damage to potential future cases.

Robert James, Atlanta attorney and former District Attorney for DeKalb County, told 11Alive he disagrees.

"That's silly," James said. "That's my expert legal term there —  silly. I just don't think that's the law."

How does Kohrs' comments affect potential cases? 

One of Kohrs' more cryptic responses centered around former President Donald Trump.

When asked if the jury recommended that Trump be prosecuted, Kohrs said the former president's name may be on the list.

“I don't think that there are any giant plot twists coming," Kohrs told NBC News Tuesday.

In response to Kohrs comments, several GOP witnesses are preparing to quash any potential indictments, CBS News reports.

To seek indictments, Willis would have to take the case to a regular grand jury. Special purpose grand juries in Georgia lack the power to indict.

James, who used a special purpose grand jury during his time as DeKalb's head prosecutor, said Kohrs' comments shouldn't jeopardize the jury's findings or any case the DA's office may decide to pursue — even if she was found to have violated McBurney's order.

"Legally speaking, I don't know that it affects anything that DA Willis is going to do or is not going to do," James said. "Practically speaking, it's just going to be more of a headache."

It's not clear that Kohrs crossed a line with her comments in media interviews, James said.

"She walks up to it a few times," he said. "It looks like she's trying to exercise restraint and not say certain things."

James said that the foreperson's comments shouldn't allow Republican witnesses to quash potential indictments.

"I would ask them to point a segment in Georgia law," he said. "It just doesn't follow logically, and I'm not aware of any law that supports that argument."

Following the grand jury's recommendations gives Willis political cover and shields her from some criticism, James said.

"When it becomes problematic is if you're going to do something that is totally and completely inconsistent (with the report)," he said. "That's when you have to deal with public scrutiny, and that special purpose grand jury report is going to be the hammer over your head."

What's next?

The next development expected is an announcement from Willis indicating whether or not she will seek indictments. A timeline for that decision hasn't been established. 

Much of the grand jury's final report remains secret. It could be released once Willis announces her indictment plans.

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