The judge presiding over a special grand jury that's investigating possible illegal attempts to influence the 2020 election in Georgia is wading into a fight over whether Republican Gov. Brian Kemp has to testify before the panel.
U.S. Sen. Lindsey Graham, R-S.C., whose telephone calls to Raffensperger and his staff in the weeks after the election are of interest to prosecutors, was supposed to testify earlier this week, but a federal appeals courtA judge in Texas last week ordered Dallas-based lawyer and podcaster Jacki Pick to travel to Atlanta to testify, and her attempt to challenge that order was denied Tuesday by an appeals court.
Willis told Kemp attorney Brian McEvoy in a June email that she and her team wanted to ask the governor, among other things, about the call between Trump and Raffensperger. Trump also called Kemp in December 2020 asking him to order a special legislative session to secure the state’s electoral votes for him.
After an agreement to have the governor sit for a recorded interview fell apart, the district attorney's office got a subpoena to have the governor testify on Aug. 18, according to court filings. The day before he was to testify, Kemp's lawyers filed aDuring Thursday's hearing, McBurney will determine whether Kemp has to abide by the subpoena.
Kemp's lawyers argue that he is protected from testifying about his official duties by “sovereign immunity,” a principle that says the state can't be sued without its consent. They also cited executive privilege, saying any material related to the governor's deliberative process and communications is protected.
Willis' team has argued that sovereign immunity and executive privilege don't apply in this case and that they would avoid any topic that may be subject to attorney-client privilege.
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