According to a recent court document, members of the grand jury in Arizona that arrested eighteen of Trump's friends earlier this year for their alleged roles in trying to rig the 2020 election had also indicated interest in prosecuting the former president.
The state's chief prosecutor felt the interest was so great that he asked for a PowerPoint presentation outlining his justification and asked the grand jury not to indict the former president.
In the end, special counsel Jack Smith and Fulton County District Attorney Fani Willis accused Trump at the federal level for his attempts to thwart Joe Biden's election win, and the grand jury declined to issue an indictment against him.
However, the court filings offer fresh information regarding the secret grand jury proceedings that resulted in charges against eighteen people, including Trump's former lawyer Rudy Giuliani and his former chief of staff Mark Meadows. They also shed light on the choice to designate Trump as "Unindicted co-conspirator 1" in the charging documents. Meadows and Giuliani have entered not guilty pleas.
The US Justice Department's policy, which prosecutors think would impede charges against a former president, and a dearth of evidence were the two main defenses offered by the prosecution for why they felt the grand jury should not prosecute Trump.
Prosecutors referenced a provision that pertains to DOJ standards that restrict the federal government's ability to prosecute persons who have already been charged with comparable offenses at the state level.
According to a court document, the state informed the grand jurors that charging Trump would be a "big deal" and that they weren't sure whether they had "all the evidence to pursue legal action right now." It might take a year or two to complete this, they added.
"I think you should think about this policy. The prosecutor said, referring to Trump, "And that would be - that is why I have not recommended that in the draft indictment, despite clear indications from you all that there is an interest in pursuing a charge against him."
"But that's my analysis, that is." The grand jury was told by the state prosecutor, "That is the reason you do not see that." And I can see how it may frustrate some of you. I recognize. But you know what? I heard you say today that this policy is what made us go the other way, and that's where we are now.
The state responded to a motion filed by many defendants arguing for selective prosecution and alleging anti-SLAPP breaches by providing the grand jury discussion excerpts.
Although Trump has not been charged in the Arizona election subversion case, sources tell CNN that the investigation is still ongoing and that prosecutors have not ruled out charging more persons, including the former president, should evidence surface to support that choice.
Prosecutors in Georgia only charged Trump and supporters who helped him maintain his presidential candidacy; however, the case is still pending until an appeals court determines whether or not Willis should be removed from office.
