Aug 9, 2022 - Politics & Policy

Rudy Giuliani must testify in Atlanta 2020 election probe next week

Rudy Giuliani recorded testimony at Jan. 6 committee hearing
A video deposition from Rudy Giuliani at a July 12 hearing for the House select committee investigating the Jan. 6 attack. Photo: J. Scott Applewhite/AP

An Atlanta judge ordered Rudy Giuliani to testify in person before a panel investigating the 2020 election on Aug. 17, unless a doctor can explain why Trump's former lawyer is unable to do so.

Why it matters: Giuliani is among those closest to former President Trump that the Fulton County special purpose grand jury has subpoenaed. He was originally ordered to testify today.

Driving the news: Fulton County Superior Court Judge Robert McBurney granted Giuliani about a week of additional time to travel to Atlanta, after a doctor argued Giuliani could not travel by airplane following a recent cardiac procedure to implant stents.

  • McBurney suggested Giuliani break into a few days a car trip to Atlanta to make it more doable over the next week.

Of note: The judge granted Giuliani's legal and medical team the opportunity to argue in detail why he needs additional time before making the trip to Atlanta.

Catch up quick: Giuliani's lawyers first attempted to shift his testimony to Zoom and also suggested district attorney staff travel to New York to interview him, prosecutors explained Tuesday.

  • However, the district attorney's office has maintained he must testify in person before a special purpose grand jury focused on the wide-ranging probe.

Flashback: Giuliani appeared before Georgia legislators in December 2020, outlining many false claims of voter fraud to call into question Biden's November 2020 Georgia victory. He urged them to appoint their own slate of presidential electors to certify a Trump victory.

The intrigue: In the Tuesday hearing, Giuliani's lawyer W. H. Thomas reiterated a request that the district attorney inform Giuliani whether he is in fact a target of the investigation. McBurney urged prosecutors to do so before Giuliani's presumed testimony next week.

What's next: Lawyers for Sen. Lindsey Graham (R-SC) are expected in federal court Wednesday to fight his own subpoena before the panel, citing legislative immunity granted by the constitution's speech and debate clause.

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