A Georgia judge ordered Rudolph W. Giuliani to testify in Atlanta next month in an ongoing criminal investigation into election interference by former President Donald J. Trump and his advisers and allies, according to court filings released on Wednesday.
[A]fter Mr. Giuliani failed to show for a hearing last week in Manhattan, where the matter was to have been adjudicated, Judge Robert C. I. McBurney of the Superior Court of Fulton County ordered him to appear before a special grand jury in Atlanta on Aug. 9.
Now this Coup Plotter corrupt lawyer is trying to delay his testimony claiming that he has a note from his doctor. (I’ll be this how he got out of PhysEd class in high school).
Rudy Giuliani has filed an emergency motion seeking to delay a court-ordered appearance Tuesday before a Georgia grand jury investigating former President Donald Trump’s conduct after losing the 2020 election.
In asking for the delay, Giuliani cites two letters by a doctor who said he is not cleared for travel following an invasive procedure. Robert Costello, an attorney for Giuliani, told CBS News in July that earlier this summer Giuliani was hospitalized briefly for heart surgery in which he received two stents.
Fulton County District Attorney Fani Willis countered in a filing Monday that her office has reviewed records showing that in mid-July Giuliani purchased with cash tickets for late July air travel 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 attorneys said he traveled there by car.
[I]nstead, at 12:30 p.m. on Tuesday, the judge overseeing the special grand jury, Robert McBurney, will hear Giuliani’s emergency application.
An attorney 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 need be — the exact same conditions that would be present during a Grand Jury proceeding,” wrote William Thomas Jr., the attorney.
Giuliani is named as a material witness because of his appearance at a Georgia state Senate hearing in December 2020. Serving as Trump’s personal attorney, Giuliani presented allegations of voter fraud that were quickly debunked, yet he continued to repeat them publicly, the district attorney said.
“There is evidence that the Witness’s appearance and testimony at the hearing was part of a multi-state, coordinated plan by the Trump Campaign to influence the results of the November 2020 election in Georgia and elsewhere,” the D.A.’s filing read.
President Biden won Georgia in 2020 by a narrow margin, and Republican election officials in the state have repeatedly stated and testified under oath that allegations of widespread voter fraud are baseless.
Trump pressured Secretary of State Brad Raffensperger and other officials to “find” enough votes so he would win, according to a recording of a phone call between Trump and Raffensperger that CBS News obtained last year. During the call on Jan. 2, 2021, 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 call between Trump and Raffensperger, who was called to testify before the grand jury in June. Georgia Gov. Brian Kemp also delivered a sworn recorded statement to the grand jury.
Rudy Giuliani will not appear as scheduled Tuesday before a special grand jury in Atlanta that’s investigating whether former President Donald Trump and others illegally tried to interfere in the 2020 general election in Georgia, his lawyer said.
Giuliani’s attorney, Robert Costello, told The Associated Press on Monday that Fulton County Superior Court Judge Robert McBurney, who’s overseeing the special grand jury, had excused Giuliani for the day.
“Judge Robert McBurney excused him pending a hearing tomorrow on the motion to continue,” Costello wrote in a text message.
Nothing in publicly available court documents indicates that Giuliani is excused from appearing, but McBurney has scheduled a hearing for 12:30 p.m. Tuesday to hear arguments on a court filing from Giuliani seeking to delay his appearance. In a court filing Monday, Fulton County District Attorney Fani Willis asked the judge to deny Giuliani’s request for a delay and to instruct him to appear before the special grand jury as ordered.
[In] a court filing, Giuliani attorney William Thomas asked the judge to delay Giuliani’s appearance. He explained that Giuliani inadvertently missed a hearing before Farber because he was recovering from a medical procedure and subsequently learned he’d been ordered to appear in Atlanta.
On Aug. 2, a lawyer for Giuliani asked Willis’ office to delay his appearance because he was unable to travel because of the recent medical procedure, according to court filings. That request was rejected after Willis’ team found evidence that he had traveled since his medical procedure.
Thomas wrote that a Giuliani attorney then clarified to Willis’s team that he is not cleared for air travel, but Willis still refused to postpone his appearance.
In her Monday court filing, Willis wrote that her team had obtained records indicating that between July 19 and July 21, Giuliani bought multiple airline tickets, including tickets to Rome, Italy, and Zurich, Switzerland, for travel dates between July 22 and July 29, the filing says. If Giuliani is not cleared for air travel, she wrote, her team offered to provide alternative modes of transportation, including bus or train fare.
Thomas wrote that Giuliani had also offered to appear virtually, for example by Zoom.
“It is important to note here that Mr. Giuliani is no way seeking to inappropriately delay, or obstruct these proceedings or avoid giving evidence or testimony that is not subject to some claim of privilege in this matter,” Thomas wrote, noting that Giuliani had appeared virtually before the committee investigating the Jan. 6, 2021, attack on the U.S. Capitol and testified for more than nine hours.
“Mr. Giuliani is willing to do the same here under conditions that replicate a grand jury proceeding,” Thomas wrote.
There will be a date and time certain set after today’s motion hearing. Rudy Giuliani cannot hide forever.