The judge presiding over the grand jury investigation into possible election interference by Donald Trump and his allies expressed skepticism Thursday over arguments from Republicans that the prosecution, led by a Democratic district attorney, was politically motivated.
Fulton County Superior Court Judge Robert C.I. McBurney did not immediately rule on a request from Georgia Gov. Brian Kemp (R) to toss a subpoena for his testimony from Fulton County District Attorney Fani Willis (D).
“It is not my space” to focus on politics, McBurney said as lawyers for Kemp argued that the subpoena had already become a political issue this election season. “I don’t think it is the right forum” to debate the political ramifications of the case, said the judge.
With the midterm elections approaching, the investigation has expanded dramatically, reaching Trump’s inner circle and edging closer to the former president himself. In recent days, a new wave of political and legal tensions erupted into public view, with Kemp’s attorney and others accusing prosecutors of politicizing the sensitive case.
The Georgia criminal investigation into Trump and his allies, explained
Kemp, who resisted pressure from Trump to overturn Georgia’s election results, is considered a key witness. Prosecutors said in a filing this week they would like to ask the governor about calls he received from Trump and others pressing him to contest the state’s election results.
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Kemp is running for reelection against Democrat Stacey Abrams, a former state lawmaker and voting rights advocate whom he narrowly beat in 2018. Last week, Abrams tweeted that the governor’s “refusal to testify shows that he will do anything to win an election. Kemp wants credit for ‘standing up’ to Trump but refuses to testify against the former president and said he would welcome his endorsement.”
In court on Thursday, lawyers for the governor cited Abrams’ comments as an example of the politicization of the ongoing inquiry.
“What began as an investigation into election interference has itself devolved into its own mechanism of election interference,” the governor’s lawyer wrote in a 121-page motion seeking to kill a subpoena for the governor’s testimony or at least delay the matter until after the election.
Willis denied any political motivation in court filings that became public last week.
“Let’s discuss the ways you are wrong: This is NOT a politically motivated investigation. It is a criminal investigation,” Willis wrote in a letter released as part of last week’s motion.
It was not clear from the hearing Thursday, which lasted more than two hours, whether Kemp’s effort to invalidate the subpoena will prevail. In July, the judge rejected a similar request from the lieutenant governor and a former state senator to toss subpoenas.
Earlier Thursday, McBurney issued a decision rejecting a request from 11 of Georgia’s 16 Republican would-be electors who sought to disqualify the prosecution team because of political bias. Prosecutors say these electors may have been part of a plan to try to cast electoral college votes for Trump in Georgia and other states despite Joe Biden’s victory. Lawyers for the electors deny any wrongdoing, citing a pending court case over the Georgia election at the time they were certified. The roster of electors includes Georgia Republican Party Chair David J. Shafer, candidate for lieutenant governor Burt Jones, county-level GOP officials, a former state lawmaker and local Republican activists.
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The ongoing inquiry, McBurney wrote, “is inherently ‘political’ in the simple and unremarkable sense that politicians and leaders of a specific political party are alleged to have undertaken efforts to defeat the will of the Georgia electorate.”
A prosecutor who takes on such a case, he wrote, “is not automatically biased and partisan — and subject to disqualification — because of the common political affiliations of the subjects (and targets) of the investigation.”
Brian McEvoy, Kemp’s attorney, told the judge the governor is being asked to testify as the gubernatorial election is “reaching a crescendo.” He questioned why the district attorney’s office would not permit Kemp to testify after the election.
McBurney noted that the criticism from Kemp’s political rivals over his resistance to testify “happened because what had originally been negotiated didn’t happen.” He said that other statewide leaders, like Secretary of State Brad Raffensperger (R) had testified without fanfare.
“We agreed on a date. You were available, you had confirmed the governor was available,” McBurney told Kemp’s counsel.
Prosecutors have said they intend to avoid grand jury activity after the start of early voting in October.
Kemp’s lawyers also cited the doctrines of sovereign immunity and executive privilege that they argued would protect the governor from a subpoena. They said they were alarmed by the decision to subpoena the governor when he’d previously agreed to be interviewed under certain conditions.
“We’ve been trying to come in voluntarily, facilitate the dialogue to discuss executive privilege, attorney-client privilege, those types of things. They’ve rejected at every turn,” Derek Bauer, one of the governor’s lawyers.
Fulton County Superior Court Judge Robert C.I. McBurney did not immediately rule on a request from Georgia Gov. Brian Kemp (R) to toss a subpoena for his testimony from Fulton County District Attorney Fani Willis (D).
“It is not my space” to focus on politics, McBurney said as lawyers for Kemp argued that the subpoena had already become a political issue this election season. “I don’t think it is the right forum” to debate the political ramifications of the case, said the judge.
With the midterm elections approaching, the investigation has expanded dramatically, reaching Trump’s inner circle and edging closer to the former president himself. In recent days, a new wave of political and legal tensions erupted into public view, with Kemp’s attorney and others accusing prosecutors of politicizing the sensitive case.
The Georgia criminal investigation into Trump and his allies, explained
Kemp, who resisted pressure from Trump to overturn Georgia’s election results, is considered a key witness. Prosecutors said in a filing this week they would like to ask the governor about calls he received from Trump and others pressing him to contest the state’s election results.
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Kemp is running for reelection against Democrat Stacey Abrams, a former state lawmaker and voting rights advocate whom he narrowly beat in 2018. Last week, Abrams tweeted that the governor’s “refusal to testify shows that he will do anything to win an election. Kemp wants credit for ‘standing up’ to Trump but refuses to testify against the former president and said he would welcome his endorsement.”
In court on Thursday, lawyers for the governor cited Abrams’ comments as an example of the politicization of the ongoing inquiry.
“What began as an investigation into election interference has itself devolved into its own mechanism of election interference,” the governor’s lawyer wrote in a 121-page motion seeking to kill a subpoena for the governor’s testimony or at least delay the matter until after the election.
Willis denied any political motivation in court filings that became public last week.
“Let’s discuss the ways you are wrong: This is NOT a politically motivated investigation. It is a criminal investigation,” Willis wrote in a letter released as part of last week’s motion.
It was not clear from the hearing Thursday, which lasted more than two hours, whether Kemp’s effort to invalidate the subpoena will prevail. In July, the judge rejected a similar request from the lieutenant governor and a former state senator to toss subpoenas.
Earlier Thursday, McBurney issued a decision rejecting a request from 11 of Georgia’s 16 Republican would-be electors who sought to disqualify the prosecution team because of political bias. Prosecutors say these electors may have been part of a plan to try to cast electoral college votes for Trump in Georgia and other states despite Joe Biden’s victory. Lawyers for the electors deny any wrongdoing, citing a pending court case over the Georgia election at the time they were certified. The roster of electors includes Georgia Republican Party Chair David J. Shafer, candidate for lieutenant governor Burt Jones, county-level GOP officials, a former state lawmaker and local Republican activists.
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The ongoing inquiry, McBurney wrote, “is inherently ‘political’ in the simple and unremarkable sense that politicians and leaders of a specific political party are alleged to have undertaken efforts to defeat the will of the Georgia electorate.”
A prosecutor who takes on such a case, he wrote, “is not automatically biased and partisan — and subject to disqualification — because of the common political affiliations of the subjects (and targets) of the investigation.”
Brian McEvoy, Kemp’s attorney, told the judge the governor is being asked to testify as the gubernatorial election is “reaching a crescendo.” He questioned why the district attorney’s office would not permit Kemp to testify after the election.
McBurney noted that the criticism from Kemp’s political rivals over his resistance to testify “happened because what had originally been negotiated didn’t happen.” He said that other statewide leaders, like Secretary of State Brad Raffensperger (R) had testified without fanfare.
“We agreed on a date. You were available, you had confirmed the governor was available,” McBurney told Kemp’s counsel.
Prosecutors have said they intend to avoid grand jury activity after the start of early voting in October.
Kemp’s lawyers also cited the doctrines of sovereign immunity and executive privilege that they argued would protect the governor from a subpoena. They said they were alarmed by the decision to subpoena the governor when he’d previously agreed to be interviewed under certain conditions.
“We’ve been trying to come in voluntarily, facilitate the dialogue to discuss executive privilege, attorney-client privilege, those types of things. They’ve rejected at every turn,” Derek Bauer, one of the governor’s lawyers.