Georgia Gov. Brian Kemp files motion to delay testifying in Fulton County election probe

(ATLANTA) — Georgia Gov. Brian Kemp filed a motion on Wednesday looking to delay a subpoena for his testimony in front of the special grand jury as part of the ongoing criminal investigation into efforts to overturn the 2020 election in Fulton County.

In the 121-page motion, Kemp’s legal team pushed back on the subpoena, claiming Fulton County District Attorney Fani Willis “engineered the Governor’s interaction with the investigation to reach a crescendo in the middle of an election cycle.”

In a statement to ABC News, a spokesperson for Kemp noted the proximity to the November midterm elections.

“For more than a year, the Governor’s team has continually expressed his desire to provide a full accounting of his very limited role in the issues being looked at by the special grand jury,” said Katie Byrd, Kemp’s communications director. “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.”

Kemp’s office said they are asking the judge “to allow the Governor to come in after the November election and direct investigators to work with our legal team to ensure the topics discussed during his appearance remain on his defense of state law and the Constitution in the aftermath of the 2020 election.”

Kemp is currently slated to testify before the special grand jury on Thursday. The Georgia governor is running for reelection against Democratic challenger Stacey Abrams, who lost her bid against Kemp in 2018.

The motion from Kemp follows the news that former President Donald Trump’s personal attorney, Rudy Giuliani, was informed that he is a target of the investigation. Giuliani testified before the special grand jury in Atlanta on Wednesday.

The special grand jury does not have the ability to return an indictment, and can only make recommendations concerning criminal prosecution — a process that’s expected to take months.

Another grand jury would be needed in order to bring any possible charges.

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