Lawyer: Giuliani won't testify Tuesday in Ga. election probe

ATLANTA (AP) — Rudy Giuliani will not appear as scheduled Tuesday before a special grand jury in Atlanta that’s investigating whether former President Donald Trump and others illegally tried to interfere in the 2020 general election in Georgia, his lawyer said.

A judge last month had ordered Giuliani, a Trump lawyer and former New York City mayor, to appear before the special grand jury Tuesday.

But Giuliani's attorney, Robert Costello, told The Associated Press on Monday that Fulton County Superior Court Judge Robert McBurney, who's overseeing the special grand jury, had excused Giuliani for the day.

Nothing in publicly available court documents indicates that Giuliani is excused from appearing, but McBurney has scheduled a hearing for 12:30 p.m. Tuesday to hear arguments on a court filing from Giuliani seeking to delay his appearance. In a court filing Monday, Fulton County District Attorney Fani Willis asked the judge to deny Giuliani's request for a delay and to instruct him to appear before the special grand jury as ordered.

Willis opened an investigation early last year, and a special grand jury with subpoena power was seated in May at her request.

Last month she filed petitions seeking to compel testimony from seven Trump advisers and associates, including Giuliani. Because they don’t live in Georgia, she had to use a process that involves getting a judge in the state where they live to order them to appear.

New York Supreme Court Justice Thomas Farber on July 13 issued an order directing Giuliani to appear before the special grand jury on Aug. 9 and on any other dates ordered by the court in Atlanta.

Giuliani’s legal team last week asked Willis’ office to delay his appearance, saying he was unable to travel because of a medical procedure. That request was...