FILE – Sen. Lindsey Graham, RSC, addresses a South Carolina GOP dinner July 29, 2022, in Columbia, SC Graham has blasted former President Donald Trump’s former White House adviser, Don McGahn, who was at federal court in Atlanta last week as part of a legal team fighting a subpoena for Graham (AP Photo/Meg Kinnard, File) In the state investigation prompted by then-President Donald Trump’s subpoena of Georgia’s top election official, people who have been subpoenaed to testify — or who may testify — about possible interference in the 2020 presidential race are turning to high-profile lawyers. Trump hired Drew Fiedling, one of Atlanta’s most prominent attorneys, perhaps best known for representing rap stars. U.S. Sen. Lindsey Graham, RSC, brought in former Trump White House adviser Don McGahn, who appeared in federal court in Atlanta last week as part of a legal team fighting a subpoena for Graham. No one has been charged with a crime in the probe, and both Trump and Graham have denied any wrongdoing, but the moves come at a particularly precarious legal time for Trump. FBI agents conducted an unprecedented search of his Florida estate on Monday in an unrelated investigation into whether Trump removed sensitive information from the White House. He also invoked Fifth Amendment protection against self-incrimination Wednesday as he testified under oath in the New York attorney general’s long-running political investigation into his business dealings. But attorneys they hire in Atlanta suggest Trump and his allies are paying close attention to the investigation led by Fulton County District Attorney Fannie Willis. “You’re not going to go and hire an expensive lawyer unless you want to send a message that, ‘You better straighten up or my fancy lawyer is going to blow you out of the water,’ or you’re really worried,” he said. Caren Morrison, University of Georgia law professor and former federal prosecutor. Legal experts caution, however, that hiring alone does not indicate that someone is the subject or target of an investigation. “I don’t think that’s an indication that anyone is going to be charged or that these people are necessarily worried about going to jail. It’s exactly what a smart person would do,” said Paige Pate, an Atlanta defense attorney not involved in the case. Willis began the investigation early last year. A special judicial commission with subpoena power met in May at her request and began hearing witnesses in June. Although the commission’s proceedings are secret, related public court filings have provided some insight into where the investigation may be headed. Willis filed paperwork last month seeking to compel the deposition of seven Trump advisers and associates, including Graham and former New York mayor and Trump lawyer Rudy Giuliani. Graham is awaiting a federal judge’s ruling on his contempt of court subpoena, while Giuliani has been ordered to appear before a special grand jury on Wednesday. Willis has since confirmed her interest in the Jan. 2, 2021, phone call between Trump and Raffensperger, which came four days before Congressional certification of Democrat Joe Biden’s White House victory that was interrupted by riots on Capitol Hill. USA. During that conversation, Trump suggested the secretary of state could “find” the votes needed to overturn his narrow loss in the state. Recent court filings have made it clear that Willis is also interested in other calls made by Trump and his associates to officials in Georgia, election-related false statements made during Georgia legislative committee hearings and the filing of false tile of Republican voters in Congress and the National Archives. In multiple depositions, he specifically alleged that there was “a multi-state, coordinated plan by the Trump Campaign to influence the results of the November 2020 elections in Georgia and elsewhere.” Willis has said she is considering subpoenaing Trump, a step that is sure to start a legal battle. Trump hired Fiedling and former prosecutor Jennifer Little, with attorney Dwight Thomas to serve as an adviser on matters related to special grand jury procedures. Much has been made of Findling’s past social media posts suggesting he is no fan of the former president, whom he called a “racist” and “bigot” in an August 2018 tweet. Andrew Fleischman, an Atlanta appellate attorney not involved in the case, said being a defense attorney “doesn’t necessarily mean you think your client is innocent or sympathetic, but it means taking a hard look at the law and making sure that the state has checked all the boxes.” “We stand by the process,” Fleischman said. “And if they convict the president, you want the process to be almost perfect.” Findling is a well-respected and media-savvy lawyer. That second point is critical when there’s so much attention on a case, and it can create challenges with a client like Trump, who is so used to speaking for himself without a filter, Pate said. “You want to respect the fact that (the client) in many cases needs to make statements to the media, but at the same time you don’t want to jeopardize your case,” he said. Perhaps the most important reason to have an attorney at this stage of the investigation is to have a channel of communication with prosecutors, Pate said. “They have a way of getting you to admit something that you think might be completely harmless, which actually fills a piece of their case,” he said of prosecutors. “So you don’t want to be on a phone call or in a meeting with the government when your statements can be used against you.” An attorney can also negotiate dates for an eventual appearance if a subpoena is issued and review any documents that may be requested before they are handed over. And an attorney can reach out to other witnesses who have appeared before the special grand jury to see if they’d be willing to talk about what’s been asked. Steven Frey has worked with Findling on several cases, including the successful defense of a sheriff who was facing 27 felony charges in an indictment accusing him of using his office for personal gain. He called Findling “one of the best lawyers I’ve ever dealt with.” McGahn also draws high praise. When he left that post in 2018, then-Senate Majority Leader Mitch McConnell said, “I’ve known every White House adviser since I got to Washington. Even in such impressive company, Don is a cut above.”
