Flynn, Gingrich Testimony Sought In Georgia 2020 Election Probe

Each of the petitions filed Friday seeks to have the potential witnesses appear in November after the election.
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ATLANTA (AP) — The Georgia prosecutor investigating whether then-President Donald Trump and others illegally tried to interfere in the 2020 election filed paperwork Friday seeking to compel testimony from a new batch of Trump allies, including former U.S. House Speaker Newt Gingrich and former national security adviser Michael Flynn.

Fulton County District Attorney Fani Willis filed petitions seeking to have Gingrich and Flynn, as well as former White House lawyer Eric Herschmann and others, testify next month before a special grand jury that’s been seated to aid her investigation.

They join a string of other high-profile Trump allies and advisers who have been called to testify in the probe. Rudy Giuliani, the former New York mayor and Trump attorney who’s been told he could face criminal charges in the probe, testified in August. U.S. Sen. Lindsey Graham’s attempt to fight his subpoena is pending in a federal appeals court.

Flynn did not immediately respond to email and phone messages seeking comment, and his lawyer also did not immediately return an email seeking comment. Gingrich referred questions to his attorney, who did not immediately respond to a text message seeking comment. Herschmann could not immediately be reached for comment.

Willis has said she plans to take a monthlong break from public activity in the case leading up to the November midterm election, which is one month from Saturday.

BRUNSWICK, OH - APRIL 21: Michael Flynn, former U.S. National Security advisor to former President Trump, speaks at a campaign event for U.S. Senate candidate Josh Mandel on April 21, 2022 at Mapleside Farms in Brunswick, Ohio. Mandel, a former state treasurer, is running for senate against a crowded Republican field that includes Mike Gibbons, Jane Timken, Matt Dolan, Mark Pukita, Neil Patel and JD Vance, who was recently endorsed by former President Donald Trump. (Photo by Dustin Franz/Getty Images)
BRUNSWICK, OH - APRIL 21: Michael Flynn, former U.S. National Security advisor to former President Trump, speaks at a campaign event for U.S. Senate candidate Josh Mandel on April 21, 2022 at Mapleside Farms in Brunswick, Ohio. Mandel, a former state treasurer, is running for senate against a crowded Republican field that includes Mike Gibbons, Jane Timken, Matt Dolan, Mark Pukita, Neil Patel and JD Vance, who was recently endorsed by former President Donald Trump. (Photo by Dustin Franz/Getty Images)
Dustin Franz via Getty Images

Each of the petitions filed Friday seeks to have the potential witnesses appear in November after the election. But the process for securing testimony from out-of-state witnesses sometimes takes a while, so it appears Willis is putting the wheels in motion for activity to resume after her self-imposed pause.

When she wants to compel testimony from witnesses who don’t live in Georgia, Willis has to use a process that involves getting judges in the states where they live to order them to appear. The petitions she filed Friday are essentially precursors to subpoenas.

Fulton County Superior Court Judge Robert McBurney, who’s overseeing the special grand jury, signed off on the petitions, certifying that each person whose testimony is sought is a “necessary and material” witness for the investigation.

The petition for Gingrich’s testimony relies on “information made publicly available” by the U.S. House committee that’s investigating the Jan. 6, 2021, attack on the U.S. Capitol.

It says he was involved along with others associated with the Trump campaign in a plan to run television ads that “repeated and relied upon false claims about fraud in the 2020 election” and encouraged members of the public to contact state officials to push them to challenge and overturn the election results based on those claims.

Gingrich wrote an email to people associated with the Trump campaign that said, “The goal is to arouse the country’s anger through new verifiable information the American people have never seen before,” the petition says. That would lead them to pressure state lawmakers and governors, he wrote.

Gingrich was also involved in a plan to have Republican fake electors sign certificates falsely stating that Trump had won the state and that they were the state’s official electors even though Democrat Joe Biden had won, the petition says.

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