Georgia judge rejects Gov. Brian Kemp’s effort to quash subpoena in election interference probe
Gov. Brian Kemp’s attempt to nullify a subpoena for his testimony before a special grand jury investigating interference in the 2020 election by former President Donald Trump and his allies.
But Superior Court Judge Robert McBurney delayed Kemp’s testimony until after the November election as Kemp is in the midst of a reelection campaign against Democrat Stacey Abrams.
Kemp had argued that he was being pursued by Fulton County District Attorney Fani Willis, who is leading the criminal inquiry, for “improper political purposes.”
Willis, at an unrelated briefing Monday, said that the judge’s decision was “appropriate” and later indicated that “60 percent” of the witnesses needed for the inquiry have already testified.
“I’m pleased with the pace…,” Willis said. “I’m very hopeful that by the end of this year, I’ll be able to send the grand jury on their way.”
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Kemp’s attorneys said the governor had agreed to a “voluntary” July 25 interview but claimed that interview was canceled and a subpoena issued after Kemp’s lawyers inquired about the scope of the interview.
While the judge characterized the negotiations for Kemp’s testimony as “tortured,” he said Kemp was, nevertheless, obliged to appear before the investigative panel.
“The Governor must honor the subpoena – as have the Secretary of State and the Attorney General and many other agents of the State in these criminal proceedings,” McBurney wrote, referring to a number of high-profile officials who have been summoned.
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“Sovereign immunity wards off civil actions, not criminal ones.”
Kemp, however, is hardly the only witness who has sought to quash a summons.
A federal judge could rule as soon as this week on whether Sen. Lindsey Graham, R-S.C., should be forced to appear.
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