A Georgia judge has ruled that Republican lawmakers, including Lt. Gov. Jeff Duncan and state Sen. William Ligon, must testify before a committee focused on the Atlanta investigation of former President Trump.
- But the judge set parameters about what questions could be asked.
Why it matters: It sets a precedent for any other lawmakers trying to resist subpoenas from the Fulton County District Attorney’s special grand jury focused on the wide-ranging investigation of former President Trump and his allies’ efforts to overturn the 2020 election.
The big picture: U.S. Sen. Lindsey Graham (R-C.) said he plans to oppose his own subpoena from the Fulton prosecutor’s investigation, but that legal challenge will take place outside of Georgia.
Breaking the news: Fulton County Superior Court Judge Robert McBurney ruled Wednesday that lawmakers must testify, but they are entitled to constitutionally protected “legislative immunity” during that testimony.
- Witnesses, he ruled, cannot be asked about anything said while participating in a legislative session, including subcommittees, or any communications they had with other lawmakers or staff about a session.
Quick catch up: Ligon, a Republican from coastal Georgia, has chaired several state Senate Judiciary Subcommittees Investigating Election Law, in which onetime Trump lawyer Rudy Giuliani, among others, has testified about false claims of voter fraud.
- Ligon issued a “chairman’s report” after the meeting that called the November election “chaotic” and said “all reported results should be considered unreliable” and repeated other false claims of voter fraud.
Yes, but: McBurney specifically stated that asking about any communication between a legislator or official with any private citizen, including lobbyists, is within the law.
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