Judge: Georgia probe prosecutor not allowed to question state senator

ATLANTA (AP) — The prosecutor who's investigating whether former President Donald Trump and his allies illegally tried to interfere in the 2020 election in Georgia cannot question a lawmaker who signed a certificate falsely stating that Trump won the state, a judge ruled Monday.

Superior Court Judge Robert McBurney agreed with Republican state Sen. Burt Jones that Fulton County District Attorney Fani Willis had a conflict of interest because she hosted a fundraiser last month for Jones' Democratic opponent in November's election for lieutenant governor. McBurney said during a hearing last week that Willis' decision to host the fundraiser was "a 'What are you thinking?'" moment with "horrible" optics.

Willis can still ask other witnesses about Jones, the judge said, but will not be able to bring charges against him. It is now up to the Prosecuting Attorneys' Council of Georgia, a nonpartisan association of Georgia district attorneys, to appoint another prosecutor to determine whether any charges should be brought against Jones, one of 16 Georgia Republicans who signed the certificate falsely asserting Trump won the state and claimed to be the state's "duly elected and qualified" electors, McBurney wrote.

"Today's ruling is a huge win for our campaign — but more importantly, for due process and the rule of law in Georgia," Jones said in an emailed statement.

Willis' office was still reviewing the order and didn't have an immediate comment, spokesperson Jeff DiSantis said.

The judge's decision disqualifying Willis from questioning Jones likely has no real bearing on the future of Willis' overarching investigation into what she has called "a multi-state, coordinated plan" by Trump's campaign to influence the results of the 2020 election. But it served as a rebuke of Willis and provided ammunition to her critics who have accused her of pursuing a politically motivated case.

A number of high-ranking state officials have already been questioned before the special grand jury investigating the case. Willis is also seeking to compel testimony from some close Trump associates, including U.S. Sen. Lindsey Graham of South Carolina, as well as state lawmakers and the 15 other Republicans who served as fake electors. Rudy Giuliani, the Trump attorney and former New York mayor, has been ordered to testify next month.

In other developments in the case Monday, a federal judge in Georgia said she would not quash a subpoena to compel testimony from U.S. Rep. Jody Hice, who was among the GOP lawmakers who attended a December 2020 meeting at the White House in which Trump allies discussed various ways to overturn Joe Biden's victory.

And Georgia Gov. Brian Kemp, a Republican, was scheduled to appear at Willis' office on Monday to record video testimony to be shown to the special grand jury. In early December 2020, Trump called Kemp and urged him to order a special legislative session to appoint electors who would vote for Trump. Kemp has said Trump also asked him to order an audit of signatures on absentee ballot envelopes.