Judge rules Fulton DA can’t question lieutenant governor candidate in special grand jury

ATLANTA — A judge disqualified the Fulton County District Attorney’s Office from questioning Burt Jones as part of an investigation in potential interference with the November 2020 presidential election.

Judge Robert McBurney ruled in favor of a motion filed by the Republican nominee for lieutenant governor requesting the courts to disqualify Fani Willis.

WSB Radio legal analyst Phil Holloway told Channel 2′s Dave Huddleston that the ruling could have wider implications.

“This whole investigation has been criticized by many people as being a political witch hunt,” Holloway said.

That’s basically what McBurney said in the ruling.

Jones raised concerns over being questioned by Willis because she held a fundraiser for his opponent. Holloway said this could possibly apply to others who were subpoenaed.

“They are not Mr. Jones, but they are similarly situated, and it would not surprise me to see the court of appeals or the Georgia Supreme (Court) apply that same reasoning because they are similarly situated,” Holloway said.

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Willis could have a separate prosecutor question Jones.

Huddleston contacted Willis’ office to see if she plans to appeal. They told Huddleston not at this point and they are considering their options.

Meanwhile, Gov. Brian Kemp testified before the special grand jury Monday.

“I’ve been practicing law 23, 24 years now and this is the first time in my career that I can remember a sitting governor testify in an investigative grand jury,” Holloway said.

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In the subpoena to the governor, he was to provide all writings, audio and video that explains and provides context surrounding the events of the presidential election. Holloway says no one is above the law.

“I don’t know of anything under Georgia law that would exempt or give any kind of privilege to a governor to not testify,” Holloway said.

Huddleston contacted the governor’s office for comment Monday. Kemp’s office said it will not comment on the court proceedings until the investigation is done.

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