In his six-page, the judge denied Kemp’s request for toss subpoena acknowledging the potential impact of investigation on upcoming elections on 8 November.
“The governor must comply with the subpoena – as well as the secretary of State and Attorney General and many other agents of state in these criminal proceedings,” McBurney wrote.
Even so, he added that the investigation should not be used anyone – including Kemp himself – to influence the result of elections.
” sound and it would be prudent to allow the election to proceed without further litigation or other action involving the governor,” McBurney wrote.
The judge concluded that “After the election is over, the court expects the governor to legally team take action promptly for his appearance.”
decision considered a partial victory for Kemp, whose lawyers sought to at least delay any testimony until after the election. McBurney has previously expressed skepticism over Republican arguments that the prosecution, led by Fulton County District Attorney Fanny Willis (D), was politically motivated.
“That’s not mine space”concentrate on politicsMcBurney said. last a week as lawyers for Kemp argued that the agenda already become political issue this election season. ‘I don’t think this is the right forum’ to discuss policy implications of case, the judge said.
In his order, McBurney rejected Kemp’s claim that his position as governor protected him from having to testify. in what Kemp’s lawyers called a civil process. McBurney stressed that special grand the jury is undeniably investigating possible criminal activities and what final report will recommend whether district attorney should file criminal accusations.
Legal maneuvering is latest sign of voltage between prosecutors and famous witnesses in Fulton County District Attorney criminal probe of alleged interference by Trump and his allies in the election.
Last week, a federal appeals court temporarily suspended an order that was supposed to required Senator Lindsey O. Graham (RS.C.) to testify before Georgia grand jury. Graham formally appealed the judge’s order requiring him to testify. last week saying it will cause “irreparable harm”, which will be “in violation of his constitutional immunity.
US court of Appeals for District 11 temporarily announced its appearance on hold, asking a lower court to consider whether Graham is should be protected from answers to certain questions about his official duties of a US senator. federal judge set deadlines up to resolve questions this week.
Seeking repeated delays, Rudy Giuliani, Trump’s spokesman former lawyer, testified for six hours before grand jury earlier this month. panel It has also heard evidence from the secretary of Georgia of State Brad Raffensperger (R) and his staff, Georgia Attorney General Christopher M. Carr (R), state legislators and local election officials.
Tom Hamburger and Matthew Brown contributed to this report.
