June 14, 2024

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.

Giuliani, a former New York City mayor who was a personal attorney for Trump, was among the then-president’s closest advisers as he sought unsuccessfully to overturn the election in Georgia and other states. 

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.

Giuliani was ordered to appear before the special grand jury after failing to appear at a July 13 hearing in New York City where he would have had an opportunity to contest his subpoena.

Instead, 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.  

Willis petitioned McBurney in early July to issue a certificate determining that Giuliani is a material witness to the investigation. Certificates were also issued to South Carolina Republican Sen. Lindsey Graham and other Trump allies.

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.

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