Gov. Brian Kemp to testify before Fulton County grand jury Tuesday

FULTON COUNTY, Ga. — Governor Brian Kemp will testify before the special purpose grand jury investigating potential criminal interference in Georgia’s 2020 election on Tuesday, Channel 2 has learned.

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In August, a judge ordered Kemp to testify, but allowed him to delay the testimony until after the November general election.

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Kemp originally agreed to testify, but after a communications breakdown with the Fulton County district attorney’s Office, he decided to fight the subpoena, saying the Georgia Constitution stated a sitting governor could not be compelled to testify.

Judge Robert McBurney, the judge overseeing the grand jury, insisted the governor must testify because he is not the subject of the investigation.

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“The governor must honor the subpoena,” McBurney wrote in August. “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.”

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This grand jury cannot indict. It can only write a report on whether it believes there is enough evidence for an indictment.

This story was published by WSBTV.com.