GOP Rep. Jody Hice challenges subpoena from Georgia DA in Trump election probe
By Sara Murray, Chandelis Duster and Tierney Sneed, CNN
Republican Rep. Jody Hice of Georgia is seeking to challenge in court a subpoena from Fulton County District Attorney Fani Willis to appear before the grand jury investigating former President Donald Trump and his efforts to overturn the 2020 election in the state, according to a new court filing on Monday.
A federal judge scheduled a hearing in Atlanta for next Monday to consider Hice’s request that the court block the subpoena.
Hice was served last month, with the subpoena calling on him to testify before the grand jury this week. Hice went to court regarding the subpoena, and in the new filing, he indicated that he’s trying to move the proceedings from state court to federal court.
In filings with a federal court in Georgia, Hice argued that the subpoena violates the Constitution’s Speech or Debate Clause, which shields lawmakers from certain law enforcement actions related to their legislative duties. Hice also claimed that the subpoena ran afoul of the “high-ranking official” doctrine, which sets certain legal standards for when a high-ranking official can be compelled to give testimony.
Georgia has remained a central focus for investigators at state and federal levels. The Atlanta-area investigation was prompted after the revelation of Trump’s phone call pressuring Georgia Secretary of State Brad Raffensperger to “find” the votes needed to swing the state to him. The Justice Department is also investigating a fake electors scheme. A grand jury in Washington issued subpoenas in March related to the fake electors and other matters.
The subpoena is one page long and does not indicate how Hice relates to the investigation or why Willis wants him to testify.
Willis, a Democrat, recently subpoenaed a slew of Trump allies, including Sen. Lindsey Graham of South Carolina, who is trying to quash the subpoena and has argued that his role as a lawmaker should shield him from having to testify.
Hice is one of Trump’s political allies in Georgia and has repeatedly spread misinformation about the 2020 election. He mounted an unsuccessful Trump-backed primary challenge against Raffensperger.
According to Hice’s filings with the federal court, he and the Fulton County District Attorney’s Office had agreed that he would not testify before the grand jury on Tuesday, as the subpoena had demanded, so that the court could consider the legal issues Hice was raising.
US District Judge Leigh Martin May, an appointee of former President Barack Obama, scheduled a hearing on Hice’s motion for July 25.
In a statement, Sarah Selip, a spokesperson for Hice’s congressional office, said, “At this time, Mr. Hice is eager to return to Washington, D.C. to fulfill his duties as a member of Congress as the House of Representatives is in session this week.”
On Friday, Willis sent a letter to state Republican Party Chairman David Shafer, warning him that he may be indicted as part of her investigation, two sources familiar with the matter previously told CNN. Shafer, who has faced inquiries from federal investigators, Georgia prosecutors and the House select committee investigating the January 6, 2021, attack on the US Capitol, acted as a pro-Trump elector in Georgia. He also helped organize the fake slate of electors in the Peach State, which Trump lost by nearly 12,000 votes.
This story has been updated with additional details.
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