Rudy Giuliani asks to delay testimony before Georgia grand jury investigating Trump

Rudy Giuliani has filed an emergency to delay one court-ordered attendance Tuesday before a Georgia Grand Jury examines former President Donald Trump’s behavior after losing the 2020 election.

Giuliani, a former New York City mayor who was a personal lawyer for Trump, was among the then-president’s closest advisers when he tried unsuccessfully to overturn the elections in Georgia and other states.

In asking for the delay, Giuliani cited two doctors who said he is not cleared for travel after an invasive procedure. Robert Costello, a lawyer for Giuliani, told CBS News in July that Giuliani was briefly hospitalized earlier this summer for heart surgery where he received two stents.

Fulton County District Attorney Fani Willis countered in a filing Monday that her office has reviewed records showing Giuliani purchased tickets for late July flights to Rome and Zurich, Switzerland. Willis’ office also filed as an exhibit a tweet apparently showing Giuliani in New Hampshire on Aug. 1. In Giuliani’s filing, his lawyers said he traveled there by car.

Giuliani was ordered to appear before the special grand jury after failing to appear at a July 13 hearing in New York City where he would have had an opportunity to contest the subpoena.

Instead, at 12:30 p.m. Tuesday, the judge overseeing the special grand jury, Robert McBurney, will hear Giuliani’s emergency plea.

A lawyer for Giuliani wrote in Monday’s filing that he would be willing to appear before the special grand jury under circumstances they believe are more akin to a traditional grand jury.

“Mr. Giuliani would be willing to do so, in a room, alone, but with the ability to leave the room and consult with counsel as needed — exactly the same conditions that would be present during a grand jury hearing,” William Thomas Jr wrote ., the lawyer.

Willis petitioned McBurney in early July to issue a certificate stating that Giuliani is a material witness to the investigation. Certificates were also issued to South Carolina Republican Senator Lindsey Graham and other Trump allies.

Giuliani has been named as a material witness due to his appearance at a Georgia state Senate hearing in December 2020. Giuliani was Trump’s personal attorney and presented allegations of voter fraud that were quickly debunked, but he continued to repeat them publicly, the district attorney said. .

“There is evidence that the witness’s conduct and testimony at the hearing were part of a multistate, coordinated plan by the Trump campaign to influence the results of the November 2020 elections in Georgia and elsewhere,” the DA’s filing said.

President Biden narrowly won Georgia in 2020, and Republican election officials in the state have repeatedly stated and testified under oath that allegations of widespread voter fraud are baseless.

Trump pushed Secretary of State Brad Raffensperger and other officials to “find” enough votes so he would win, according to a recording of a telephone conversation between Trump and Raffensperger that CBS News obtained last year. During the January 2, 2021 call, the president told Raffensperger, “All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state.”

The special grand jury was empaneled in January at the request of Willis, the district attorney. The investigation includes the conversation between Trump and Raffensperger, which was called to testify for the grand jury in June. Georgia Governor Brian Kemp also provided a sworn taped statement to the grand jury.

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