Article author:
Associated Press
Kate Brumback
Atlanta (AP) — The judge is a special grand jury at Georgia State University, including former President Donald Trump, in the state's 2020 elections. Investigate whether you tried to influence illegally.
Former state legislators and lawyers representing the lieutenant governor have asked judges to destroy the subpoena and testify in front of the panel because of legislative privileges and immunity. .. If he disagrees with it, they said in a motion filed earlier this week urged him to set guidelines for questions.
"I'm not going to destroy these subpoenas, but I want to provide a framework, so calling it a timeout isn't every third question." Fulton County Superior Court said. Judge Robert McBurney overseeing a special grand jury at a hearing on Friday.
He said he would provide that guidance in a written decision. He also said that state legislators would confirm that he was available on the day called in front of the panel to deal with the conflict that arises.
Fulton County District Attorney Fani Willis began an investigation early last year and took the extraordinary step of requesting a special-purpose grand jury in January of this year. In a letter to the Secretary of the County Superior Court, her team believed that the 2020 general election "could have been a criminal turmoil," and said, "The 2020 elections in this state. He wrote that he is considering "a collaborative attempt to illegally change the results of."
The special grand jury was seated in May and began hearing from witnesses in June. State's highest-elected officials, including Secretary of State Brad Rafensperger and Attorney General Chris Carr, have already appeared before the special grand jury. At least three Democrats at the General Assembly also testified in front of the panel.
Former Senator William Ligon and Lieutenant Governor Geoff Duncan, who did not seek re-election in 2020, received a subpoena to testify before this month's special grand jury. Lawyers Don Samuel and Amanda Clark Palmer, hired as special assistant legislative advisers, have petitioned to revoke these subpoenas.
They claim that the State Constitution immunizes legislators and their staff, and members of the General Assembly are "not responsible for answering what was said at home or on the committee elsewhere." It has said. Meeting of either house.
They claim that protection covers all legislative activities, including floor discussions, committee hearings, and attendance at meetings. Conversations with staff and other legislators and their staff on legislative issues. And all other activities within their official responsibilities.
Rigong chaired the Senate Subcommittee's hearing on December 3, 2020, during which time Trump's lawyer Rudy Giuliani and others spoke for several hours to allege fraudulent elections. Was presented. It's completely wrong, "Willis argued in response to the motion. Ligon then summarized public comments at the hearing, claiming Giuliani and others "as a true" discovery "even if they were publicly (and repeatedly) criticized by state authorities for weeks. Published the presented report.
The report requires that the 2020 elections be revoked if a majority of state legislators agree with the report's findings, and the General Assembly "needs to act." There is a proposal. " To determine the appropriate voters to be recognized as electoral colleges in the 2020 presidential election.
"The General Assembly cannot" modify "the election results by changing the results of already held accredited elections, either in 2020 or today, and shall be considered legal. Never. "A legislative obligation" to do so, Willis wrote.
At a hearing on Friday, both sides agreed that there was a legislative immunity and the question was where to draw a line to ask questions in front of a special grand jury. Said. He said that communication between lawmakers and their staff, or between lawmakers during or in preparation for legislative proceedings, is privileged, but in this context there is a line for communication with third parties. It's not very clear where it is.
McBurney said the guidance coming from Friday's hearing did not just apply to Ligon and Duncan, but "carried over" when other lawmakers appeared before the special grand jury. "It may have an effect," he said. However, he acknowledged that the situation of each member may require some individual assessment.