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Judge to decide whether or not Gov. Brian Kemp must testify in Georgia’s 2020 election probe [1]
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Date: 2022-08-25
One of the Kemp camp’s primary arguments has been that the case itself from the District Attorney’s office is civil, not criminal. Kemp’s attorneys are attempting to use “sovereign immunity” as a way out of the subpoena.
John Foy & Associates defines sovereign immunity as “a concept that dates back to the Middle Ages,” giving “kings (sovereigns)” immunity from being sued “because they were the law itself.”
The motion to quash argues that “Georgia courts have no authority to compel sitting Governor to provide testimony about matters involving his official duties due to sovereign immunity” and that “It is the settled law of Georgia that, in the performance of his official duties, the Governor is ‘the State,’ and therefore beyond the jurisdiction of the Court absent an express waiver.”
Lawyers from the District Attorney’s office explained in today’s hearing that the special purpose grand jury’s job is to determine criminality in the investigation
“This is not a lawsuit. This is a subpoena to ask the governor to be a witness,” said Donald Wakeford, a chief senior district attorney from the anti-corruption unit. “Our position is clear; there is no application of sovereign immunity in these circumstances,” Wakeford added in today’s arguments.
The other arguments Kemp’s lawyers have used are an executive and attorney-client privilege and the pending upcoming midterm elections in November.
“We are now just weeks away from the 2022 general election making it increasingly difficult to dedicate the time necessary to prepare and then appear,” the filing reads.
Kemp joins a short list of notable Republicans trying their damndest to slither out of testimony. So far, none have been able to escape their fates.
South Carolina Sen. Lindsey Graham is attempting to weasel out of his subpoena to testify in Georgia. In a brief filed on Aug. 24, Graham reasons that the subpoena is invalid based on the “Speech or Debate” clause of the U.S. Constitution.
“The Constitution guarantees that a Senator ‘shall not be questioned’ about his protected ‘Speech or Debate’—and yet the District Attorney insists that Senator Graham must submit to questioning to ascertain whether he can be questioned or is immune from questioning. That makes no sense,” Graham’s motion reads.
Willis has written that Graham’s testimony is vital to interpreting “a multistate, coordinated plan by the Trump Campaign to influence the results of the November 2020 election in Georgia and elsewhere,” The Washington Post reports.
Former Trump attorney Rudy Giuliani attempted to skate out of testifying in Georgia as well. His legal team alleged that the former New York City mayor was too ill to travel. But, as Daily Kos’ Lauren Sue wrote, Willis reasoned that if “Giuliani could plan travel to Rome, Italy, and Zurich, Switzerland, he could make it to Georgia.” Giuliani testified on Aug. 17.
Fulton Superior Court Judge Robert McBurney could quash Kemp’s subpoena, delay his testimony until after the elections, or outline the questions the District Attorney’s office could ask. Daily Kos will continue to follow this story.
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https://www.dailykos.com/stories/2022/8/25/2118762/-Judge-to-decide-whether-or-not-Gov-Brian-Kemp-must-testify-in-Georgia-s-2020-election-probe
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