Georgia election investigation seeks testimony from Flynn and Gingrich

A woman pictured from the shoulders up, speaking while sitting in an office chair.
Fulton County, Ga., Dist. Atty. Fani Willis has entered a new phase in the investigation into whether former President Trump and his allies broke the law in trying to overturn his 2020 election loss in the state.
(Ben Gray / Associated Press)

The Georgia prosecutor investigating whether former President 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 advisor Michael Flynn.

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

For the record:

5:00 p.m. Oct. 7, 2022An earlier version of this article said Sen. Lindsey Graham is from Georgia. He is from South Carolina.

A string of other high-profile Trump allies and advisors have already been called to testify in the inquiry. Rudolph W. Giuliani, the former New York mayor and Trump attorney who’s been told he could face criminal charges in the case, testified in August. Sen. Lindsey Graham (R-S.C.) is attempting to fight his subpoena in a federal appeals court.

A lawyer for Flynn did not immediately return an email seeking comment. Gingrich did not immediately respond to a voicemail left on his cellphone. Herschmann could not immediately be reached for comment.

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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 30 days from Saturday.

The petitions filed Friday seek to have the potential witnesses appear in November after the election. 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.

To compel testimony from witnesses who don’t live in Georgia, Willis has to involve 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 in the investigation, signed off on the petitions, certifying that each person whose testimony is sought is a “necessary and material” witness for the investigation.