Lawyer: Giuliani won't testify Tuesday in Ga. election probe

August 8th, 2022

Former New York Mayor Rudy Giuliani, a lawyer for President Donald Trump, speaks during a news conference at the Republican National Committee headquarters, Nov. 19, 2020, in Washington. (AP Photo/Jacquelyn Martin, File)

Rudy Giuliani will not appear as scheduled Tuesday before a special grand jury in Atlanta that’s investigating whether former President Donald Trump and others illegally tried to interfere in the 2020 general election in Georgia, his lawyer said.

A judge last month had ordered Giuliani, a Trump lawyer and former New York City mayor, to appear before the special grand jury Tuesday.

But Giuliani’s attorney, Robert Costello, told The Associated Press on Monday that Fulton County Superior Court Judge Robert McBurney, who’s overseeing the special grand jury, had excused Giuliani for the day. McBurney has scheduled a hearing for 12:30 p.m. Tuesday to hear arguments on a court filing by Giuliani seeking to delay his appearance.

Fulton County District Attorney Fani Willis opened an investigation early last year, and a special grand jury with subpoena power was seated in May at her request.

Last month she filed petitions seeking to compel testimony from seven Trump advisers and associates, including Giuliani. Because they don’t live in Georgia, she had to use a process that involves getting a judge in the state where they live to order them to appear.

New York Supreme Court Justice Thomas Farber on July 13 issued an order directing Giuliani to appear before the special grand jury on Aug. 9 and on any other dates ordered by the court in Atlanta.

In the petition for Giuliani’s testimony, Willis identified him as both a personal attorney for Trump and a lead attorney for his campaign.

She wrote that he and others presented a Georgia state Senate subcommittee with a video recording of election workers that Giuliani alleged showed them producing “suitcases” of unlawful ballots from unknown sources, outside the view of election poll watchers.

Within 24 hours of that hearing on Dec. 3, 2020, Secretary of State Brad Raffensperger’s office had debunked the video and said that it had found that no voter fraud had taken place at the site. Nevertheless, Giuliani continued to make statements to the public and in subsequent legislative hearings claiming widespread voter fraud using that debunked video, Willis wrote.

Evidence shows that Giuliani’s appearance and testimony at the hearing “was part of a multi-state, coordinated plan by the Trump Campaign to influence the results of the November 2020 election in Georgia and elsewhere,” the petition says.