Georgia’s Kemp Must Testify in Trump Election Probe, Judge Says

(Bloomberg) -- Georgia Governor Brian Kemp must testify before a grand jury investigating former President Donald Trump’s actions after his 2020 loss to Joe Biden, but not until after he faces his own election later this year, a Fulton County Superior Court judge ruled.

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Judge Robert McBurney on Monday rejected a claim by Kemp’s attorneys that he was immune as governor from having to testify before a special purpose grand jury convened by Fulton County District Attorney Fani Willis. The judge said Kemp’s immunity applies only to civil cases, not criminal ones.

But McBurney did agree to Kemp’s request to delay the Republican governor’s grand-jury appearance until after his rematch with Democrat Stacey Abrams. McBurney said Kemp’s testimony “should not be used by either the DA, the governor’s opponent or the governor himself” to influence the gubernatorial race outcome.

In rejecting Kemp’s argument for immunity, the judge pointed to other state officials who have already testified before the grand jury, including Secretary of State Brad Raffensperger.

Like Raffensperger, Kemp received calls from Trump and his allies in the weeks after the November 2020 election. He had been scheduled for a video interview with prosecutors on July 25 before negotiations over the ground rules collapsed. After an Aug. 4 subpoena, he was set to appear before the grand jury on Aug. 18 but filed a motion the evening before asking that the subpoena be quashed. Both Kemp and Willis, in a reply to that motion, accused each other of playing politics.

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