Investigation into GA Lt. Gov. Burt Jones' actions during 2020 elections closed: no prosecution
"While the advice may eventually be judged to be incorrect, Senator Jones, like any other citizen, should not be punished for relying upon the guidance of counsel under these specific facts and conditions."
Georgia Lt. Gov. Burt Jones will not face prosecution for his actions during the 2020 presidential election, according to Pete Skandalakis, executive director of the Prosecuting Attorneys Council of Georgia.
Jones was one of 16 Republicans who signed on as an alternate elector supporting former President Donald Trump, who lost a close contest to President Joe Biden. Jones was a state senator at the time.
The electors were recruited by Trump attorneys, who after losing several court challenges, "focused on the legal theory that legislatures in the contested states needed to send an alternate slate of electors to the U.S. Congress for consideration if the final vote tally changed," according to a release from the PAC.
The selection of alternate electors is part of a sweeping case in Fulton County Superior Court involving Trump. Skandalakis took over as lead prosecutor in Jones' case in April. Atlanta Judicial Circuit Superior Court Judge Robert McBurney recused Fulton County District Attorney Fani Willis from prosecuting the case.
Jones believed "that the vote was 'a non-binding piece of paper if the court cases were dismissed. If the court cases moved forward and they prevailed, this was an insurance policy,'" the release said. The lieutenant governor also sought legal advice.
"While the advice may eventually be judged to be incorrect, Senator Jones, like any other citizen, should not be punished for relying upon the guidance of counsel under these specific facts and conditions," Skandalakis said. "In the context of criminal cases, constitutionally ineffective legal advice results in the setting aside of criminal convictions."
Jones said in a social media post he was thankful for the opportunity to tell his story in front of a "fair and unbiased prosecutor."
"And while I don't expect an apology from Ms. Willis or her mouthpieces in the media, I would ask that she provide one to the Georgians whose time and money she has wasted," Jones said. "She can start by being transparent with the General Assembly and complying with the subpoena issued for her testimony regarding the use of state tax dollars distributed to her office."
The Senate Special Committee on Investigations subpoenaed Willis to testify on Friday morning. Willis did not appear, according to reports.