Half of the 16 so-called fake electors in Georgia who sought to falsely declare Donald Trump the winner of the 2020 election have accepted immunity deals in the local criminal investigation into the matter, their lawyer said in a court filing on Friday.
The immunity deals to the eight came in April, according to the filing, after the Fulton county district attorney’s office called their lawyer and said prosecutors were willing to make the arrangement – about four months after the lawyer asked about the prospect of such deals.
With half of the fake electors now apparently immune from prosecution, the scope of a potential conspiracy indictment ensnaring Trump and the electors – identified as targets in the case – may have narrowed, not least because the immunity deals did not compel any incriminating information in return.
The filing also raised new questions about how prosecutors might handle the fake electors more broadly, after the lawyer for the eight, Kimberly Debrow, effectively accused the district attorney’s office of misrepresenting key facts in an earlier motion seeking to have her disqualified.
The latest twist in the Georgia election criminal investigation comes as the Fulton county district attorney, Fani Willis, is expected to ask a grand jury starting in mid-July to return charges against Trump and dozens of people involved in efforts to reverse his defeat in the state of Georgia.
Last month, the district attorney’s office sought to disqualify Debrow from the case entirely, citing her clients’ testimony that they were not told of immunity offers, and citing a conflict of interest after some of her clients implicated another one of her clients in a separate crime.
In the 68-page brief filed on Friday, Debrow vehemently disputed the claims, saying that transcripts and recordings of interviews – submitted to the court for a confidential review – showed that none of her clients told prosecutors that immunity offers were not brought to them in 2022.
The filing also revealed that although eight fake electors received immunity deals, two of the fake electors – whose identities were not disclosed and were until recently her clients – had not. One of them is understood to be Cathy Latham, a local Republican party leader.
A spokesperson for the district attorney’s office did not immediately respond to a request for comment.
Debrow claimed in the filing that the transcripts of interviews with her clients showed one of the prosecutors, Nathan Wade, sought to intentionally confuse them by suggesting they were offered immunity last year, though no actual offers had been made before April 2023.
In one instance, Debrow claimed, the prosecutor threatened to “tear up” the immunity deal that was already in force and binding if Debrow did not stop clarifying that the discussions about immunity prior to April were only potential offers.
“Here’s the deal. Here’s the deal. Either [Elector E] is going to get this immunity, and he’s going to answer the questions – and wants to talk – or we’re going to leave. And if we leave, we’re ripping up his immunity agreement,” Wade is said to have told Debrow and her client.
Debrow also claimed she could find no testimony in her clients’ interview transcripts showing them implicating another fake electors in a further crime, noting that the district attorney’s office had refused to say what the alleged crime was, or who had made the allegations.
“All of the electors remain united in their collective innocence and defenses, and none testified or believe that they or any other elector committed any wrongdoing, much less ‘criminal acts’,” the filing said.
Debrow added that even if it were true that some of clients incriminated another of her clients, it would not matter since they could not be prosecuted as a result of the immunity deals.
