Ex-Trump Chief Of Staff Mark Meadows Tries To Get Out Of Testifying In Georgia Election Probe

Topline

Former White House Chief of Staff Mark Meadows is fighting a subpoena to testify before a grand jury in the Fulton County, Georgia, district attorney’s 2020 election investigation, court records show, the latest Trump ally who has attempted to get out of testifying in the ongoing probe into the Trump team’s post-election conduct.

Then-White House Chief of Staff Mark Meadows speaks with reporters at the White House on Oct. 21, … [+] 2020.

Key Facts

Meadows was ordered by Fulton County investigators in August to testify in the probe, and his testimony was slated to take place on September 27—but the deputy district attorney said in a court filing Tuesday that a “scheduling conflict” had caused it to be delayed.

Meadows asked a court in South Carolina, where he resides, to void the order for him to testify altogether, arguing the subpoena is “now moot” because it was for September 27, which has passed.

The ex-Trump aide also argued he can’t be a “material witness” under state law because he’s asserted that his testimony is shielded by executive privilege, a legal doctrine that lets presidents keep some communications secret, noting he’s separately making that case in court when it comes to testifying before the House January 6 Committee.

That litigation still remains pending, and Politico, which first reported Meadows’ court filing, notes it’s unclear if former President Donald Trump has also claimed executive privilege in the Georgia investigation as he has in the House one.

Fulton County investigators have said Meadows is a “necessary” witness for their probe because he attended meetings and sent emails regarding voter fraud and efforts to overturn Georgia’s 2020 election results, and was in “constant contact” with Trump during the post-election period.

Meadows also “actively participated” in Trump’s phone call with Georgia Secretary of State Brad Raffensperger, in which Trump asked Raffensperger to “find” enough votes to change the election result, and made a “surprise visit” after the election to the state office where state officials were auditing ballot signatures, investigators note.

What To Watch For

Meadows’ attorney will appear in court Wednesday to argue for the subpoena against him to be blocked, the Atlanta Journal-Constitution reports. Fulton County officials have asked the court to set a new date for Meadows’ testimony instead of blocking it, proposing that he appear on November 9, 16, 23 or 30. U.S. District Judge Carl Nichols, a Trump appointee, is also expected to rule soon on whether Meadows has to testify in the House January 6 Committee’s investigation, after a hearing on the issue took place in September.

Key Background

Meadows is one of a slew of Trump allies who Georgia prosecutors have asked to testify in the criminal probe, which is examining Trump and his allies’ efforts to overturn the 2020 election and whether those actions violated state law. Though the probe is largely focused on Trump, attorney Rudy Giuliani has also been notified he’s a target of the investigation, as have Republican officials who submitted a false slate of electors to Congress. In addition to Meadows, Sen. Lindsey Graham (R-S.C.) has also fought his subpoena in court—with Supreme Court Justice Clarence Thomas most recently ruling he doesn’t have to appear, at least for now—as well as the GOP “fake” electors and such Trump attorneys as Giuliani, Kenneth Chesboro, John Eastman and Jenna Ellis. Those efforts have been largely unsuccessful in court, however, as was an attempt to get out of testifying by Georgia Gov. Brian Kemp (R). The New York Times reports far-right attorney Sidney Powell and James “Phil” Waldron, who spoke at a Georgia legislature committee meeting about purported voter fraud, failed to appear for their scheduled testimony entirely.

Tangent

The dates the DA’s office suggested for Meadows to testify are all after the midterm elections on November 8, as efforts have been taken to avoid the investigation complicating the election. A state judge ordered that Kemp doesn’t have to testify until after the election—in which he’s running for reelection—noting the investigation “should not be used by the District Attorney, the Governor’s opponent, or the Governor himself to influence the outcome of [the gubernatorial] election.” A Fulton County judge has also agreed not to release any findings from the ongoing investigation until after the midterms, Politico reports.

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What To Watch For

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