The judge who oversaw the Georgia grand jury investigation into the alleged efforts by former President Donald Trump and his allies to overturn the 2020 general election has clarified the manner in which jurors may discuss the report, as the forewoman comes under fire for her media interviews relating to the case.
Judge Robert McBurney said in an interview with ABC News that jurors "can talk about the final report," which was released on Feb. 16 after a nearly yearlong investigation, but not their opinions or private discussions regarding the investigation.
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McBurney warned how "problematic" the situation could become if panelists try to "synthesize the testimony" or offer any of their personal thoughts on them.
He "reminded them of their oath, which is a statutory obligation that they not discuss with anyone outside their group their deliberations — that's the one word that's in the oath," McBurney said of his "farewell session" with the jury at the request of District Attorney Fani Willis, who organized the special grand jury and will be in control of pursuing any criminal charges against witnesses.
McBurney said it is important that people understand "witness testimony is not deliberations."
"I explained you don't talk about what the group discussed about the witnesses' testimony, but you can talk about witness testimony," he said. "You could talk about things that the assistant district attorneys told you. ... And then finally, you can talk about the final report because that is the product of your deliberations, but it's not your deliberations."
This clarification comes after forewoman Emily Kohrs appeared on several talk shows and gave several interviews on the release of the final report. It remains mostly sealed and contains evidence for indictments for multiple people, according to Kohrs.
Names have not been released to protect the rights of any possible "defendants" under Willis's direction, which could include several high-profile Trump aides and allies.
Her appearances have been unconventional compared to federal grand juries or criminal trial juries, something McBurney said may be the reason for people's unease at her openness.
The judge said people may be "more familiar with federal grand jurors and a more extensive oath of secrecy than is the case in Georgia."
"It's just important not to apply the wrong standard to grand jurors in this jurisdiction," McBurney said. "Their oath requires them to keep secret their deliberations, and it is a different oath than what federal grand jurors take."
While she hasn't broken any rules relating to what can and cannot be discussed, Kohrs has received backlash from Trump and his lawyers, who say they have lost "100% confidence" in the grand jury process.
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McBurney did not offer comment on Kohrs's media appearances. However, McBurney reiterated the grand jury's purpose — to investigate, not prosecute.
"This grand jury's sole role was to prepare a report that was merely a set of recommendations for the district attorney — full stop. Nothing more," McBurney said. "And so folks should think long and hard about what impact, at all, this special purpose grand jury's work would have should there be an indictment down the road."