(NewsNation) — Sen. Lindsey Graham, R-S.C., was among those that a special grand jury recommended be charged in the Georgia election interference probe, but he will not be prosecuted.
The grand jurors’ report released Friday showed they recommended racketeering charges against 39 people, including Graham and two former U.S. senators, David Perdue and Kelly Loeffler, both Republicans from Georgia who were also not charged.
While critics have accused Fulton County District Attorney Fani Willis of launching an unwieldy, overly broad investigation, the report suggests she used her discretion to streamline the case.
Michael Zeldin, a former federal prosecutor with the Department of Justice, emphasized that Graham’s situation is primarily a political matter rather than a criminal one, leaving his fate in the hands of South Carolina voters.
“I don’t think he has any criminal exposure,” Zeldin said. “He will be exposed to the voters of South Carolina. And they’ll decide whether or not they think he should continue on as senator when he’s up for reelection or not.”
There are many reasons Willis might have chosen not to charge all those recommended, including immunity deals with some, federal protections for others or insufficient evidence to prove charges beyond a reasonable doubt.
Zeldin said Willis “exercised discretion in a sound and reasonable way, which undermines the notion that this is a weaponized Justice Department going after people in a political witch hunt.”
The Associated Press contributed to this report.