Giuliani must go to Atlanta for election probe, judge says

ATLANTA (AP) — A judge said Tuesday that Rudy Giuliani must appear in Atlanta in person to testify before a special grand jury that's investigating whether former President Donald Trump and others illegally tried to influence the 2020 election in Georgia and set his appearance for next week.

The former New York mayor and Trump attorney had originally been ordered to appear Tuesday. But Fulton County Superior Court Judge Robert McBurney, who's overseeing the special grand jury, excused him after his lawyers filed a motion seeking to delay his appearance.

Giuliani's lawyers have argued that a recent medical procedure to place two heart stents has left him unable to travel by plane. Fulton County District Attorney Fani Willis and her team have rejected Giuliani's attorneys' suggestions that he appear virtually, for example by Zoom, or do an interview with prosecutors rather than appearing before the special grand jury.

McBurney set Giuliani's appearance for Aug. 17. The judge said that would give Giuliani, his legal team and his doctors a chance to raise any concerns and would also allow him more time to figure out how to travel from New York to Atlanta by some method other than by plane.

If a doctor says his health won't allow it, the date will be changed, McBurney said. But he told Giuliani attorney Bill Thomas that if they plan to ask to bump the date, they should do it sooner rather than later.

Thomas raised concerns during the hearing that Willis' team had not responded when asked if Giuliani is a target of the investigation, meaning he could face criminal charges. McBurney said that was a fair question and said he “would implore” prosecutors to address that with Giuliani's lawyers before he gets to Atlanta.

“Don't leave them hanging on that front,” the judge said,...