Update: Rudy Giuliani complied with a subpoena and appeared before a special grand jury in Georgia for around six hours Wednesday—but it's not clear whether the Trump attorney answered any questions. Giuliani attorney Bob Costello, who said Monday that he had been told Giuliani was a target of the investigation of alleged interference in the 2020 election, said the appearance was "cordial," USA Today reports. Costello declined to say whether Giuliani invoked his right against self-incrimination. "Grand juries, as I recall, are secret," Giuliani said as he arrived at the Fulton County courthouse, per the AP. "They ask the questions and we'll see." Our story from Monday follows:
Rudy Giuliani has been ordered to testify before a special grand jury in Georgia investigating alleged election interference in 2020—and his lawyers say they've been told Giuliani is a target of the investigation, not a witness. Giuliani attorney Bob Costello says that "on the heels of us asking him probably six or seven times," a prosecutor from the Fulton County District Attorney's office called Giuliani's Georgia counsel to confirm that Giuilani is a target, CNN reports. In a petition seeking Giuliani's testimony, Fulton County DA described him "as part of a multi-state, coordinated plan" by Donald Trump's campaign to influence election results in Georgia and beyond.
Giuliani, identified by Willis as attorney for both Trump and his campaign, is due to testify Wednesday. After his lawyers said last week that he couldn't travel by air because of a heart procedure he underwent in July, a judge agreed to delay the appearance for a week but said he could travel "on a train, on a bus, or Uber" to testify in Atlanta. Costello tells the New York Times that Giuliani is likely to invoke attorney-client privilege if asked about his dealings with Trump. "If these people think he’s going to talk about conversations between him and President Trump, they’re delusional," he says. He declined to say whether Giuliani would invoke the Fifth in response to other questions.
A federal judge said Monday that Republican Sen. Lindsey Graham also has to testify before the special grand jury, the AP reports. US District Judge Leigh Martin May rejected his attempt to quash a subpoena and said Graham's position as a senator does not provide total immunity from having to testify. She said Willis had shown "extraordinary circumstances and a special need” for Graham's testimony. The senator's office said he plans to appeal to the 11th US Circuit Court of Appeals. Graham's lawyer have argued that his calls to Georgia Secretary of State Brad Raffensperger were protected as "legislative fact-finding." The judge said individuals involved in the calls have suggested Graham went beyond fact-finding and sought to influence Raffensperger's actions. (Read more Rudy Giuliani stories.)