Hice turned himself in last month, with a subpoena calling for him to testify before a grand jury this week. Hice appealed the subpoena and said in the new filing that he is trying to move the proceedings from state court to federal court.
In filings in federal court in Georgia, Hice argued that the subpoena violates the Constitution’s speech or debate clause, which protects lawmakers from certain law enforcement actions related to their legislative duties. Hice also argued that the subpoena ran afoul of the “high-level official” doctrine, which sets certain legal standards for when a high-ranking official can be compelled to testify.
Georgia remained the focus of researchers at the state and federal level. The Atlanta-area probe was prompted by the revelation of Trump’s phone call pressuring Georgia Secretary of State Brad Raffensperger to “find” the votes needed to carry the state to him. The Justice Department is also investigating a fraudulent voter scheme. A grand jury in Washington issued subpoenas in March on voter fraud and other issues.
The subpoena is one page long and does not indicate how Hice is related to the investigation or why Willis wants to testify.
Willis, a Democrat, has recently called a number of Trump allies, including Sen. Lindsey Graham of South Carolina, who is trying to quash the subpoena and has argued that his role as a lawmaker should protect him from having to testify . Trump’s political allies in Georgia and have repeatedly spread misinformation about the 2020 election. He mounted an unsuccessful primary challenge backed by Trump against Raffensperger.
According to Hice’s filings in federal court, he and the Fulton County District Attorney’s Office had agreed that he would not testify before the grand jury on Tuesday, as required by the subpoena, so that the court could consider the legal issues raised by Hice .
U.S. District Judge Leigh Martin May, an appointee of former President Barack Obama, set a hearing on Hice’s motion for July 25.
In a statement, Sarah Selip, spokeswoman for Hice’s congressional office, said: “At this time, Mr. Hice is eager to return to Washington, DC to fulfill his duties as a member of Congress as the House of Delegates are currently meeting. week.”
On Friday, Willis sent a letter to state Republican Party Chairman David Shaffer warning him that she could face charges in the investigation, two sources familiar with the matter told CNN. Shafer, who has faced investigations by federal investigators, Georgia prosecutors and the House Select Committee investigating the Jan. 6, 2021, attack on the U.S. Capitol, acted as a pro-Trump elector in Georgia. He also helped organize the fake electoral roll in the Peach State, which Trump lost by nearly 12,000 votes.
This story has been updated with additional details.
