The indictment of Donald Trump over his attempted election subversion in Georgia loomed closer on Monday amid an apparent false alarm about charges being filed and a series of angry statements from the former president punctuating a day of prosecution presentations in court.
At about midday, a two-page docket report posted to the Fulton county court website indicated charges against Trump including racketeering, conspiracy and false statements. The appearance of the report set off a flurry of news media activity, but then the document vanished.
A spokesperson for the district attorney said reports “that those charges were filed [are] inaccurate. Beyond that we cannot comment.”
Trump, 77, already faces 78 criminal charges in three other indictments: over hush-money payments to the adult film star Stormy Daniels, his retention of classified documents and his election subversion at the federal level.
Despite such unprecedented legal jeopardy, Trump dominates Republican primary polling as the first televised debate nears at the end of this month.
Lawyers for Trump have mounted a free speech defense to charges over election subversion. On Monday, Trump was characteristically free with his speech.
Using his Truth Social media platform, he lashed out at his perceived persecutors, in one instance appearing to attempt to intimidate a witness against him.
“I am reading reports that failed former Lt Governor of Georgia, Jeff Duncan, will be testifying before the Fulton county grand jury,” Trump wrote, misspelling the first name of Geoff Duncan, a Republican witness who said he was due to appear before the grand jury on Tuesday.
“He shouldn’t. I barely know him but he was, right from the beginning of this witch hunt, a nasty disaster for those looking into the election fraud that took place in Georgia.”
Experts agree that in Trump’s conclusive 2020 defeat by Joe Biden there was no widespread electoral fraud in Georgia or any other state. The federal indictment secured by the special counsel Jack Smith this month contained extensive evidence that Trump was repeatedly told as much but advanced his lie regardless.
In Atlanta on Monday, prosecutors began presenting to a grand jury.
A former Democratic state senator, Jen Jordan, told reporters as she left the Fulton county courthouse she was questioned for about 40 minutes. News outlets reported that a former Democratic state representative, Bee Nguyen, and Gabriel Sterling, a top official in the office of the Georgia secretary of state, were seen arriving too.
For two and a half years, the Fulton county district attorney, Fani Willis, has been investigating Trump’s attempt to overturn his narrow loss in Georgia. Barriers and street closures around the courthouse in downtown Atlanta, and statements made by Willis, indicated that indictments could come this week.
Nguyen and Jordan attended state legislative hearings in December 2020, during which the former New York mayor turned Trump attorney Rudy Giuliani and other aides made false claims of widespread fraud in Georgia.
The Trump lawyer John Eastman appeared during at least one of those hearings, saying the election had not been held in compliance with Georgia law and lawmakers should appoint a new slate of electors.
Sterling and the Georgia secretary of state, Brad Raffensperger, pushed back against allegations of widespread problems. Both are Republicans.
On 2 January 2021, Trump called Raffensperger to say officials should help “find” the votes he needed to beat Biden. The release of a recording of that call prompted Willis to open her investigation.
In his social media posts on Monday, Trump said: “Would somebody please tell the Fulton county grand jury that I did not tamper with the election. The people that tampered with it were the ones who rigged it.” He also abused the DA as “Phony Fani Willis” and said she “wants desperately” to indict him.
Citing unnamed sources briefed on the matter, the Guardian has reported that Willis is set to announce charges this week against more than a dozen defendants, including crimes related to election law and a racketeering charge, the latter under a statute commonly used to fight organised crime.
Associated Press and Reuters contributed reporting
