Three former prosecutors say Fulton County District Attorney Paul Howard has issued an invalid grand jury subpoena for police records tied to a former officer charged with fatally shooting Rayshard Brooks.

Former DeKalb County District Attorney Jeff Brickman and former Cobb County DA Tom Charron said Howard's issuance of a grand jury subpoena without actually having a grand jury impaneled violates a state requirement that subpoenas be tied to a specific court date. No grand jury has been impaneled in Fulton County since March 13 because of the COVID-19 pandemic.

"You cannot issue a subpoena to a grand jury that does not exist," Brickman said. "It's a legal fiction, and it's improper. If I tried to issue a subpoena to a grand jury that simply doesn't exist, I would be laughed out of court."