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Special grand jury to be part of probe into whether Trump broke election laws in Georgia

A special grand jury will be impaneled in Georgia as part of the probe into whether former U.S. president Donald Trump and others broke the law by trying to pressure Georgia officials to throw out Joe Biden's presidential election victory.

Prosecutor's request was approved by a majority of superior court judges

Former U.S. president Donald Trump is seen at a rally in Perry, Ga., on Sept. 25, 2021. A special grand jury will be impaneled in the state as part of the probe into whether Trump and others broke election laws. (Ben Gray/The Associated Press)

Judges have approved a request for a special grand jury by the Georgia prosecutor who's investigating whether former U.S. president Donald Trump and others broke the law by trying to pressure Georgia officials to throw out Joe Biden's presidential election victory.

Fulton County District Attorney Fani Willis last week sent a letter to county superior court Chief Judge Christopher Brasher asking him to impanel a special grand jury. Brasher issued an order Monday saying the request was considered and approved by a majority of the superior court judges.

The special grand jury is to be seated May 2 for a period of up to a year, Brasher's order says. Fulton County Superior Court Judge Robert McBurney is assigned to supervise and assist the special grand jury.

A Trump spokesperson did not immediately respond to a request for comment.

A Democrat, Willis launched the investigation after Trump was recorded in a Jan. 2, 2021, phone call pressuring Georgia Secretary of State Brad Raffensperger, a fellow Republican, to "find" enough votes to overturn his loss. Raffensperger declined.

Fulton County District Attorney Fani Willis, seen here Feb. 24, 2021, says her office has 'opened an investigation into any co-ordinated attempts to unlawfully alter the outcome of the 2020 elections in this state.' (John Bazemore/The Associated Press)

The transcript quotes Trump telling Raffensperger: "I just want to find 11,780 votes," which is the number Trump needed to win Georgia. Trump had for months before and after the November 2020 election made false claims of voter fraud.

In a statement last week, Trump defended what he called his "perfect" phone call.

Legal experts have said Trump's phone calls may have violated at least three state election laws: conspiracy to commit election fraud, criminal solicitation to commit election fraud and intentional interference with performance of election duties. The possible felony and misdemeanor violations are punishable by fines or imprisonment.

In a recent court filing, Willis specifically said Raffensperger, who she described as an "essential witness," had indicated he would only take part in an interview once presented with a subpoena.

In Georgia, a special grand jury can issue subpoenas forcing witnesses to testify but cannot issue indictments. Unlike a traditional grand jury, a special grand jury is devoted to just one case, making it a powerful investigative tool.