RALEIGH, N.C. — A Wake County grand jury took the first step Monday toward potential criminal charges against North Carolina Attorney General Josh Stein and two top aides related to an attack ad from the 2020 election.
The grand jury did not formally charge the Democratic attorney general with committing a crime, but requested that the Wake County district attorney’s office present it with an indictment to consider.
Wake County District Attorney Lorrin Freeman said that could happen as soon as next month, and that while she has personally recused herself from making decisions on the case, she anticipates that it will happen.
“District Attorney Freeman continues to pursue her nonsense investigation over a campaign ad that is true from an election that is long since passed, using a 91-year-old statute that has never been used against any other candidate,” Stein’s campaign, which is suing to have the law in question overturned, wrote in a statement Monday.
“While the Attorney General is disappointed by this ongoing distraction, he continues to focus on his work to test sexual assault kits and get justice for survivors of sexual assault.”
The ad in question relates to the state’s backlog of untested DNA evidence from sexual assault cases, often called “rape kits.” Stein’s Republican opponent in 2020, Forsyth County District Attorney Jim O’Neill, had accused Stein of doing “nothing” about the backlog — something Stein objected to, saying he had secured millions of dollars in funding to speed up testing in addition to other actions.
The Stein campaign then hit back at O’Neill with an ad focused on his home county, which had a disproportionately large number of untested kits, blaming him for not addressing it. O’Neill said it’s the job of law enforcement, not the local prosecutor, and asked for an investigation into Stein for violating an obscure 1930s-era law that makes it a crime to make false statements about politicians.
Stein contends the law is unconstitutional, and that the only reason it hasn’t been thrown out previously is because this is the first time it has ever been used. However, that has not dissuaded Freeman’s office from moving forward, nor did it stop the grand jury on Monday.
It’s unclear what evidence was shown to the grand jury, which is confidential, but a court record obtained by The News & Observer shows that the only witness there to make a presentation was an SBI agent who Freeman’s office has had investigating the allegations for the last year or more.
Freeman declined to provide any details.
“I can’t comment on any of the evidence or facts related to the case at this point,” she said in an interview Monday.
The lack of details means it’s also unclear why the grand jury decided to request an indictment against Stein personally, as well as his aides, but did not request an indictment against Stein’s campaign — or against the woman in the video who makes the claim that’s central to the case.
They had requested last week that the 4th Circuit Court of Appeals stop Freeman’s office from moving forward with any grand jury proceedings — a request Freeman opposed. The court did not rule on that request last week, but it’s possible the judges could still make a ruling before the grand jury can convene again and potentially bring charges.
Freeman said the next grand jury date will be no sooner than Sept. 12, although she declined to say whether her office will submit the requested indictment then, or possibly later.
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