Judge rejects bid by Gov. Kemp and Trump attorney Chesebro to quash subpoenas

Source: Politico | August 29, 2022 | Kyle Cheney and Nicholas Wu

However, Fulton County Superior Court Judge Robert McBurney also gave Kemp an election-year reprieve.

The judge overseeing the Atlanta-area grand jury investigation into Donald Trump’s effort to overturn the 2020 election has rejected an effort by Gov. Brian Kemp to block a subpoena for his testimony.

However, Fulton County Superior Court Judge Robert McBurney also gave Kemp an election-year reprieve, agreeing to delay his testimony until after the Nov. 8 vote, when Kemp is up for reelection and facing a challenge from Stacey Abrams.

“The Governor is in the midst of a re-election campaign and this criminal grand jury investigation should not be used by the District Attorney, the Governor’s opponent, or the Governor himself to influence the outcome of that election,” McBurney wrote in his six-page order.

In a separate opinion, McBurney also rejected an effort by a Trump-allied attorney, Kenneth Chesebro, to similarly block a subpoena for his testimony. Chesebro had claimed that his potential testimony would be entirely barred by attorney-client privilege, as well as New York state’s rules around attorney confidentiality. However, McBurney noted that, as with many other witnesses, there are plenty of topics that would not be subject to privilege claims.

Among them: “Mr. Chesebro’s background and experience, his knowledge of both Georgia and federal election law, his communications with Republican Party officials in Georgia following the 2020 general election, his interactions with the individuals in Georgia seeking to prepare slate of ‘alternate’ electors weeks after the final vote count showed former President Trump losing by over 10,000 votes in Georgia, etc.”

“Because these are legitimate, relevant, non-protected areas of investigation for the special purpose grand jury, quashal is improper,” McBurney wrote in a three-page order.

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