Lt. Gov. Burt Jones won a legal battle on Sept. 13 against Fulton County District Attorney Fani Willis after a special prosecutor declined to prosecute Jones for pledging support for Republican President Donald Trump as a false electoral voter in 2020. Ross Williams/Georgia Recorder (file photo)
A special prosecutor has concluded that criminal charges should not be brought against Lt. Gov. Burt Jones for his role as an alternate elector following former President Donald Trump’s 2020 loss in Georgia.
Peter Skandalakis, executive director of Prosecuting Attorneys’ Council of Georgia, released a four-page statement Friday stating that he found that Jones, who was a state senator at the time, did not act with criminal intent and that the lawmaker’s conduct was within the scope of his authority as a state legislator following the Nov. 3, 2020 election.
In December 2020, Jones served as one of 16 alternate GOP electors in Georgia casting votes for Trump as Trump and his supporters continued to challenge in court election results confirming Biden’s victory.
Jones was among several Republican legislators who called on Gov. Brian Kemp to hold a special legislative session to overturn Georgia’s election results based on Trump and his allies’ allegations of widespread election fraud.
Skandalakis appointed himself special prosecutor in April to investigate whether Jones should be charged for election interference after no one else volunteered.
Trump and 18 other co-defendants were indicted by a Fulton County grand jury in August 2023 in the election interference probe, but Jones’ case was handled separately after a judge disqualified Fulton County District Attorney Fani Willis from prosecuting him after Willis headlined a campaign fundraiser for the Democratic candidate running against Jones for lieutenant governor.
“His actions of serving as an alternate elector were based upon the advice of attorneys and legal scholars,” Skandalakis wrote in the statement announcing his decision. “While the advice may eventually be judged to be incorrect, Sen. Jones, like any other citizen, should not be punished for relying upon the guidance of counsel under these specific facts and conditions.”
Jones said he’s eager to be able to turn his full attention to his role as Senate president now that he’s no longer under criminal investigation.
“I have always wanted to tell my story in front of a fair and unbiased prosecutor, which Fani Willis clearly is not “Jones said in a statement Friday. “I am thankful that I finally had the opportunity to do that.”
Last week, Fulton County Superior Court Judge Scott McAfee dismissed a total of three criminal charges against Trump and several Trump co-defendants connected to the false electoral Dec. 14, 2020, meeting at the state Capitol.
The dismissed charges were for filing false documents and conspiring to file false documents, including false certificates declaring Trump the winner in Georgia. Biden’s win was confirmed by multiple recounts and audits, and the court challenges following the election were unsuccessful.
Skandalakis declining to prosecute Jones is another setback for Willis in the election probe. The Fulton County case remains on hold ahead of a Georgia Court of Appeals hearing scheduled in December as Trump and co-defendants continue to push to remove Willis from the case.
The appellate court will review McAfee’s March ruling that allowed Willis to remain as prosecutor after she admitted to having a romantic relationship with special prosecutor Nathan Wade, who she hired to lead the probe in November 2021. Wade resigned in March.
Willis is engaged in another legal battle with a state Senate special legislative committee seeking to enforce a subpoena compelling Willis to testify before the panel investigating her for alleged misconduct.
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