Judge rules Georgia Gov. Brian Kemp must testify before a special grand jury investigating possible illegal attempts by then-President Trump and others to influence the 2020 election — but not until after the midterms.
Lawyers for Kemp had argued that immunities related to his position as governor protect him from having to testify. But Fulton County Superior Court Judge Robert McBurney, who’s overseeing the special grand jury, disagreed and said the governor must appear before the panel. But he did agree to a request from Kemp's lawyers to delay that testimony until after the Nov. 8 election, in which the Republican governor faces a rematch with Democrat Stacey Abrams.
A delay could increase the likelihood that Trump will be a declared presidential candidate by the time the investigation moves toward its conclusion, further raising the political stakes. The investigation is one of several that could have serious legal consequences for the former president. Also Monday, McBurney declined to quash a subpoena for lawyer Kenneth Chesebro, who represented the Trump campaign. He’s scheduled to appear before the special grand jury on Tuesday, according to a court filing.
Willis has also been pursuing testimony from close Trump allies and advisers. Former New York mayor and Trump attorney Rudy Giuliani, who's been told he faces possible criminal charges in the investigation, testified earlier this month. U.S. Sen. Lindsey Graham, a South Carolina Republican, is currently fighting a subpoena in federal court.
Kemp's lawyers had also raised concerns about attorney-client privilege, and McBurney wrote that neither prosecutors nor grand jurors will be able to ask the governor about the contents of communications covered by that privilege. He said he’s aware of several conversations of interest to the investigation to which that privilege applies.
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