ATLANTA (AP) — Rudy Giuliani won’t seem as scheduled Tuesday earlier than a particular grand jury in Atlanta that’s investigating whether or not former President Donald Trump and others illegally tried to intervene within the 2020 common election in Georgia, his lawyer mentioned.

A decide final month had ordered Giuliani, a Trump lawyer and former New York Metropolis mayor, to seem earlier than the particular grand jury Tuesday.

However Giuliani’s lawyer, Robert Costello, instructed The Related Press on Monday that Fulton County Superior Courtroom Decide Robert McBurney, who’s overseeing the particular grand jury, had excused Giuliani for the day.

Nothing in publicly accessible courtroom paperwork signifies that Giuliani is excused from showing, however McBurney has scheduled a listening to for 12:30 p.m. Tuesday to listen to arguments on a courtroom submitting from Giuliani looking for to delay his look. In a courtroom submitting Monday, Fulton County District Lawyer Fani Willis requested the decide to disclaim Giuliani’s request for a delay and to instruct him to seem earlier than the particular grand jury as ordered.

Willis opened an investigation early final yr, and a particular grand jury with subpoena energy was seated in Might at her request.

Final month she filed petitions looking for to compel testimony from seven Trump advisers and associates, together with Giuliani. As a result of they don’t dwell in Georgia, she had to make use of a course of that includes getting a decide within the state the place they dwell to organize them to seem.

New York Supreme Courtroom Justice Thomas Farber on July 13 issued an order directing Giuliani to seem earlier than the particular grand jury on Aug. 9 and on another dates ordered by the courtroom in Atlanta.

Giuliani’s authorized crew final week requested Willis’ workplace to delay his look, saying he was unable to journey due to a medical process. That request was rejected after Willis’ crew discovered proof on social media that he had traveled since his medical process.

A Giuliani lawyer then clarified to Willis’s crew that Giuliani isn’t cleared for air journey, however Willis nonetheless refused to postpone his look, the movement says.

In her Monday courtroom submitting, Willis wrote that her crew had obtained information indicating that between July 19 and July 21, Giuliani purchased a number of airline tickets, together with tickets to Rome, Italy, and Zurich, Switzerland, for journey dates between July 22 and July 29. Willis mentioned her crew supplied to offer various transportation — together with bus or practice fare — if Giuliani wasn’t cleared for air journey.

Giuliani had additionally supplied to seem just about, for instance by Zoom, his movement says.

“It is very important be aware right here that Mr. Giuliani isn’t any approach looking for to inappropriately delay, or hinder these proceedings or keep away from giving proof or testimony that’s not topic to some declare of privilege on this matter,” the movement says, noting that Giuliani had appeared just about earlier than the committee investigating the Jan. 6, 2021, assault on the U.S. Capitol and testified for greater than 9 hours.

“Mr. Giuliani is prepared to do the identical right here underneath circumstances that replicate a grand jury continuing,” the movement says.

Within the petition for Giuliani’s testimony, Willis recognized him as each a private lawyer for Trump and a lead lawyer for his marketing campaign.

She wrote that he and others introduced a Georgia state Senate subcommittee with a video recording of election employees that Giuliani alleged confirmed them producing “suitcases” of illegal ballots from unknown sources, outdoors the view of election ballot watchers.

Inside 24 hours of that listening to on Dec. 3, 2020, Secretary of State Brad Raffensperger’s workplace had debunked the video and mentioned that it had discovered that no voter fraud had taken place on the web site. However, Giuliani continued to make statements to the general public and in subsequent legislative hearings claiming widespread voter fraud utilizing that debunked video, Willis wrote.

Proof reveals that Giuliani’s look and testimony on the listening to “was a part of a multi-state, coordinated plan by the Trump Marketing campaign to affect the outcomes of the November 2020 election in Georgia and elsewhere,” the petition says.

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Tucker reported from Washington.