The Lawfare Podcast Lawfare Archive: Anna Bower on Judge McBurney’s Deliberations
Feb 7, 2026
Anna Bower, Fulton County correspondent who live-blogged Judge McBurney’s hearing. She walks through legal distinctions about special grand jury reports. They discuss the district attorney’s secrecy arguments, media requests for access, and McBurney’s lean toward public access with possible short delays and redactions.
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Grand Jury Reports Often Equal Presentments
- Special grand juries in Georgia issue reports that functionally mirror general presentments under state law.
- That statutory framing makes publication likely unless a clear legal exception applies.
Imminent Charges Raise Secrecy Stakes
- The DA signaled that charging decisions were 'imminent,' increasing pressure to withhold the report briefly.
- Yet Anna found it unlikely the DA had not already closely reviewed the report before the hearing.
DA's Delay Plea Versus Statutory Duty
- The DA asked delay to avoid prejudice in an ongoing criminal investigation and to prevent tipping off potential defendants.
- McBurney appeared sympathetic to the policy but constrained by statutory obligations favoring publication.