In his six-page order, the decide rejected Kemp’s request to toss the subpoena whereas recognizing the potential influence of the investigation on the upcoming Nov. eight election.

“The Governor should honor the subpoena — as have the Secretary of State and the Legal professional Normal and plenty of different brokers of the State in these felony proceedings,” McBurney wrote.

Even so, he added that the investigation shouldn’t be utilized by anybody — together with Kemp himself — to affect the end result of the election.

“The sound and prudent course is to let the election proceed with out additional litigation or different exercise in regards to the Governor’s involvement,” McBurney wrote.

The decide concluded that “As soon as the election is over, the Courtroom expects the Governor’s authorized staff promptly to make preparations for his look.”

The choice is taken into account a partial victory for Kemp, whose attorneys had sought at a minimal to delay any testimony till after the election. McBurney had beforehand expressed skepticism over arguments from Republicans that the prosecution, led by Fulton County District Legal professional Fani Willis (D), was politically motivated.

“It isn’t my area” to deal with politics, McBurney mentioned final week as attorneys for Kemp argued that the subpoena had already turn out to be a political subject this election season. “I don’t assume it’s the proper discussion board” to debate the political ramifications of the case, the decide mentioned.

In his order, McBurney rejected Kemp’s declare that his place as governor protects him from having to testify in what Kemp’s attorneys described as a civil continuing. McBurney emphasised that the particular grand jury is definitely investigating attainable felony exercise and that its remaining report will suggest whether or not the district legal professional ought to file felony fees.

The authorized maneuvering is the newest signal of pressure between prosecutors and high-profile witnesses within the Fulton County district legal professional’s expansive felony probe of alleged election interference by Trump and his allies.

Final week, a federal appeals courtroom briefly paused an order that might have required Sen. Lindsey O. Graham (R-S.C.) to testify earlier than the Georgia grand jury. Graham had formally appealed a decide’s order requiring him to testify final week, saying doing so would trigger “irreparable hurt” that might be “in contravention of his constitutional immunity.”

The U.S. Courtroom of Appeals for the 11th Circuit briefly put his look on maintain, asking a decrease courtroom to think about whether or not Graham ought to be protected against answering some questions on his official duties as a U.S. senator. A federal decide set expedited deadlines to resolve the questions this week.

After searching for repeated delays, Rudy Giuliani, Trump’s former lawyer, testified for six hours earlier than the grand jury earlier this month. The panel has additionally heard testimony from Georgia Secretary of State Brad Raffensperger (R) and his workers, Georgia Legal professional Normal Christopher M. Carr (R), state lawmakers and native election employees.

Tom Hamburger and Matthew Brown contributed to this report.