OPINION | Despite howls of outrage from both the left and the right, the musings of Emily Kohrs are unlikely to have any effect on whether Trump or any of his inner circle get criminally charged.
But legally it is highly unlikely that Kohrs’ behavior—whether proper or not—will affect either Fulton County District Attorney Fani Willis’ decision on whether to bring charges andbefore trial, even though it is likely that will be an avenue of legal attack.
This offers insulation from any eventual charging decision, because if Fulton County District Attorney Fani Willis wants to charge, she must present evidence to a different non-special grand jury that is empowered to indict. Timing is critical here because by the time Kohrs granted interviews, the special grand jury had not only made its report and recommendations, it had also been dissolved. Its job was done. As a matter of law and logic, whatever Kohrs did afterwards cannot affect the conclusions it reached. Unless, of course, her comments reveal some kind of extreme impropriety or bias that occurred during the special grand jury investigation.
While it does appear that members of a special grand jury are subject to the same oath of secrecy that members of a regular grand jury are bound by, the most critical time for such secrecy is prior to an indictment. This is mostly critical to making sure that an investigation is not tainted by leaks.
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