Fulton County Superior Court Judge Robert McBurney announced the decision on Monday, three weeks after hearing arguments from prosecutors, who urged the report be kept secret until they decide on charges, and a coalition of media organizations, which pressed for its release.
McBurney said the introduction and conclusion of the report, as well as a section in which the grand jurors expressed concerns that some witnesses may have lied under oath, will be released Thursday.
The release is a significant development in a case that threatens legal jeopardy for the former president as he ramps up a 2024 White House campaign. The special grand jury spent about seven months hearing testimony from witnesses including high-profile Trump allies, such as attorney Rudolph W. Giuliani and Sen. Lindsey Graham of South Carolina, and high-ranking Georgia officials, such as Secretary of State Brad Raffensperger and Gov. Brian Kemp.
McBurney wrote that the report includes recommendations for Fulton County Dist. Atty. Fani Willis, including “a roster of who should (or should not) be indicted, and for what, in relation to the conduct (and aftermath of the 2020 general election in Georgia.” The special grand jury did not have the power to issue indictments, and it will ultimately be up to Willis to decide whether to seek indictments from a regular grand jury.
At a hearing on Jan. 24, Willis had argued against the immediate release of the report, saying it could violate the rights of potential defendants and negatively affect the ability to prosecute those who may be charged with crimes.
“We want to make sure that everyone is treated fairly and we think for future defendants to be treated fairly, it is not appropriate at this time to have this report released,” Willis said during the hearing.
A group of news organizations, including the Associated Press, argued in favor of releasing the report immediately in full, saying that public interest in the report is “extraordinary.”
“The discomfort of the prosecuting authority in disclosing court records isn’t enough to make them sealed,” said attorney Tom Clyde, representing the media. “It has to be significant, identifiable evidence that’s going to cause a problem.”