Find way to testify, judge tells Giuliani

ATLANTA — Rudy Giuliani, a lawyer for former President Donald Trump and a central figure in the investigation into election interference in Georgia, has been telling prosecutors that he cannot travel to the state to appear before a special grand jury because he is not healthy enough to fly.

But on Tuesday, a judge in Fulton County, Ga., said Giuliani, who had two coronary heart stents implanted in early July, could travel from New York to Atlanta some other way and tentatively ordered him to show up to deliver testimony Aug. 17.

“Mr. Giuliani is not cleared for air travel, A-I-R,” Judge Robert McBurney of Fulton County Superior Court said. “[NFL broadcaster] John Madden drove all over the country in his big bus, from stadium to stadium. So one thing we need to explore is whether Mr. Giuliani could get here without jeopardizing his recovery and his health. On a train, on a bus or Uber, or whatever it would be,” he said, adding, “New York is not close to Atlanta, but it’s not traveling from Fairbanks.”

In a hearing Tuesday, the judge also told prosecutors that they should let Giuliani, 78, know whether he is a target of the criminal probe. The office of Fani Willis, the Atlanta-area district attorney, has already told at least 17 people, including two state senators and the head of the state Republican Party, that they are targets.

If Giuliani is considered a target, that could prompt him to invoke his Fifth Amendment right and decline to give testimony after potentially making the lengthy road trip. Letting Giuliani know in advance, the judge said, would give some clarity on “what impact that has on the extent of his time in front of the grand jury.”

The judge also said he could reconsider the date if Giuliani’s doctor produced a sufficiently compelling medical excuse.