ATLANTA — Georgia grand jurors may indict former President Donald Trump and his allies in the next few days. If they do, the indictments could include alleged criminal activities that took place outside of Fulton County.
Atlanta-area prosecutors can expand their investigation geographically if District Attorney Fani Willis pursues a racketeering case. That could bring indictments tied to Coffee County, Ga., where surveillance video showed Trump operatives in January 2021 accessing the secure area of the county election office.
Texts previously reviewed by 11Alive and obtained through a years-long civil lawsuit challenging the security of Georgia’s electronic voting systems show Trump allies were allegedly invited to inspect the county's voting system.
Sources told CNN Sunday that Fulton prosecutors are reviewing emails and text messages directly linking Trump's legal team to the Coffee County data breach. A spokesperson for the Fulton County DA's office did not respond to questions from an 11Alive reporter Sunday afternoon.
That security breach is under investigation by the GBI, but Willis could include it in a criminal case showing a broad conspiracy that implicates the former president.
"If she can show a direct link to the criminal enterprise, she can include those. And that’s why I think she’s going to go with RICO. There’s too many moving parts not to," said Danny Porter, former Gwinnett County District Attorney.
RICO was originally a federal statute dealing with organized crime. The state's RICO law is used to deal with alleged gangs and other criminal enterprises, like the current YSL case involving rapper Young Thug.
It was also used in the Atlanta Public Schools cheating scandal, a case where Willis was the lead prosecutor.
The question is whether Willis — who has a penchant for RICO prosecutions — will use it against the former president.
Even if Willis decides not to seek RICO charges, those involved in the Coffee County breach could still be charged.
Their actions could be the basis of conspiracy to commit election fraud charges, said Georgia State University law professor Anthony Kreis.
More on Coffee County allegations
The Coffee County saga includes several key players who may face prosecution in Atlanta.
Operatives working with Trump attorney Sidney Powell spent hours inside Coffee County voting headquarters, accessing state software and copying data.
Former Coffee County GOP chair and fake Trump elector Cathy Latham was a key contact.
Surveillance footage shows Latham escorting operatives through the front door of the county's election office.
Texts obtained through a years-long civil lawsuit challenging the security of Georgia’s electronic voting systems filed by the Coalition for Good Governance show Trump allies were allegedly invited to inspect the county's voting system.
“Huge things are starting to come together! Most immediately, we were granted access - by written invitation! - to the Coffee County systens (sic). Yay!”, said Katherine Friess, an attorney working with Giuliani, Sidney Powell and other Trump allies, in a Jan. 1, 2021 text message.
Powell allegedly coordinated with Atlanta-based forensic data firm SullivanStrickler to copy the data. Atlanta-area businessman Scott Hall was also part of efforts to copy data, according to court documents.
Six days later, the group appeared in the rural Georgia election office to scan election software.
Misty Hampton, who then served as Coffee County election director, allowed the data to be copied where it was later posted on a file-sharing website. She resigned as election director in March 2021 over falsifying timesheets.
Hampton then went on to work for Treutlen County elections. Investigators with the Secretary of State's Office seized voting machines in both counties to determine if there were possible security compromises.
False Trump elector and current Georgia Senator Shawn Still was part of an unsuccessful lawsuit seeking to decertify Georgia's election results. Still alleged there were issues with voting equipment in Coffee County.
The Coffee County breach remains under investigation, GBI spokesperson Nelly Miles told 11Alive earlier this week.
11Alive asked the GBI on Sunday several questions about what items were seized by GBI investigators from the Coffee County elections office as part of their probe and about information the agency may be sharing with Willis' office. The GBI did not address those, saying the investigation is ongoing.
"The GBI is actively working with the Georgia Attorney General’s Office," Miles said. "The GBI has not been requested by any agency in Fulton County or any other law enforcement agencies."
When could potential indictments come?
Grand jurors will hear from former Lt. Gov. Geoff Duncan and independent Atlanta journalist George Chidi Tuesday. They represent two of the four witnesses who received subpoenas to testify.
Former Democratic state lawmakers Jen Jordan and Bee Nguyen also received subpoenas. It's unclear if or when they may testify.
Jurors are expected to begin hearing evidence on the case Monday. Indictments could be returned as early as Tuesday.
Willis has previously said jurors would vote on potential indictments before Sept. 1. She's strongly hinted that charging decisions would come before Aug. 18.