Judge denies lawmakers’ challenge to testify for special grand jury in Trump election probe

A Fulton County judge has denied a motion to challenge subpoenas by two state lawmakers to testify in front of the special grand jury.

The special grand jury was seated at the request of the Fulton County District Attorney, who said in a letter to the county superior court chief judge that her team believes the 2020 general election was subject to criminal disruptions.

Fulton County Superior Court Judge Robert McBurney ruled that the lieutenant governor and a former state senator must testify before a grand jury.

Legislative privilege protected Duncan and Ligon from testifying, according to attorneys.

The committee hearing was chaired by Ligon, who did not seek reelection. The attorneys argued on behalf of Ligon and Duncan that the subpoenas should be thrown out. The lawyers told the judge that they would represent other state lawmakers.

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No member of the General Assembly is obligated to answer in any other place for anything that is said in either house or in any committee meeting of either house. Lawmakers should be allowed to speak freely while conducting legitimate legislative activity, according to McBurney.

McBurney wrote in his order that prosecutors and grand jurors can't ask a lawmaker about anything he said while in the legislature. Lawmakers or legislative staff prepare conversations and documents. A grand jury can't scrutinize the motives of elected officials during a legislative session.

McBurney wrote that lawmakers may not be asked about direct communications with other legislators.

Legislative privilege does not apply to communications with private citizens on topics related to the grand jury investigation, even if those communications took place during the performance of legislative duties, according to McBurney.

McBurney denied Ligon's request to have his testimony delayed until September to accommodate his trial schedule. The judge ordered Ligon to be available to testify for two hours while the grand jury is in session.

The AP contributed to the story.

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