Michael Flynn ordered to testify before Georgia grand jury in election inquiry

A Sarasota judge ordered former national security adviser Michael Flynn to testify before a Georgia grand jury on whether former President Donald Trump and others illegally tried to influence Georgia's 2020 election.

Circuit Court Chief Judge Charles Roberts rejected arguments made by Flynn's defense Tuesday afternoon that Flynn isn't a material witness to the grand jury investigation and that the Uniform Act isn't the proper remedy in extraditing Flynn across state lines for the purpose of the grand jury.

The Uniform Act allows a state prosecutor to require a person residing in a different state to testify in court proceedings of the state the prosecutor is in.

While Flynn submitted a motion to the judge to waive his appearance in person prior to Tuesday's hearing, he was present in the courtroom along with his attorneys, Jason Greaves and Jared Roberts.

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Flynn is scheduled to appear in front of the Georgia grand jury on Nov. 22 for one day, according to court documents.

Flynn's defense asked the judge for a stay, which the chief judge denied, but added the defense can ask an appellate court for a stay while they file an appeal. Greaves said they had already notified the Second District Court of Appeal that they would be filing an emergency appeal.

Flynn declined to comment following the hearing.

Flynn is one of several witnesses associated with the former president to be petitioned to testify in front of the grand jury.

Last week, a Virginia judge ordered former House Speaker Newt Gingrich to testify, and the United States Supreme Court denied Sen. Lindsey Graham's effort to temporarily pause a subpoena from the grand jury, according to reporting from USA Today.

In court documents submitted on Oct. 31, District Attorney Fani T. Willis of the Atlanta Judicial Circuit said the purpose of the inquiry is to look over all the facts and circumstances related to possible attempts to "disrupt the lawful administration of the 2020 elections" in Georgia.

Fulton County prosecutors consider Flynn to be a 'necessary and material witness'

Fulton County prosecutors consider Flynn to be a "necessary and material witness," and are seeking to question him regarding his involvement in discussions with the Trump campaign which could reveal additional information and sources related to the investigation.

Court documents state Flynn met with Trump, attorney Sidney Powell, and others at the White House on Dec. 18, 2020, to discuss invoking martial law, seizing voting machines, and appointing Powell as special counsel to investigate the 2020 election.

This meeting followed a news broadcast on Newsmax on Dec. 17 where Flynn proposed that Trump "could order — within the swing states, if he wanted to — he could take military capabilities, and he could place them in those states and basically re-run an election in each of those states."

Deputy District Attorney Will Wooten of Fulton County, Georgia, participated in the hearing via Zoom. Wooten said that the Uniform Act doesn't make a distinction between a civil or criminal grand jury.

Flynn's defense argued the district attorney "overstepped her authority," and that a grand jury "is an invalid mechanism for compelling the appearance of a Florida witness because it is not a criminal proceeding," in their response to the petition.

Greaves argued Flynn isn't a material witness with necessary information as he didn't participate in the call between Trump and Georgia Secretary of State Brad Raffensperger.

Instead, Greaves said the petition was based on speculation, innuendo, and hearsay of what Flynn might be able to say. In court documents, the defense said Willis is only speculating that Flynn might have "information related to unspecified election crimes committed by unspecified persons."

The defense went on to state that the Georgia Special Purpose Grand Jury has no indictment power since it is a civil proceeding and not a criminal one, and thus can't subpoena Florida witnesses.

The defense also argued that Georgia's Special Purpose Grand Jury is very different than that of a Florida grand jury which is limited in scope, investigates triable offenses and issues of indictment, and doesn't allow the publication of grand jury reports that "embarrasses, ridicules, criticizes, censures, or defames any person" unless the person is indicted for a crime.

Gabriela Szymanowska covers the legal system for the Herald-Tribune in partnership with Report for America. You can support her work with a tax-deductible donation to Report for America. Contact Gabriela Szymanowska at gszymanowska@gannett.com, or on Twitter.

This article originally appeared on Sarasota Herald-Tribune: Michael Flynn ordered to testify in Georgia election investigation