ATLANTA — Former Georgia congressman and Republican presidential candidate Newt Gingrich seeks to appeal a Virginia judge's order requiring him to testify before the Atlanta grand jury investigating President Donald Trump's efforts to overturn the 2020 election.
Online records with the Court of Appeals of Virginia shows that Gingrich filed his intent to appeal the ruling Monday. Last week, Fairfax County Circuit Court Judge Robert Smith sided with prosecutors that the Fulton County Special Purpose Grand Jury subpoena be enforced.
Attorneys for Gingrich argued that he should not be made to travel to Atlanta because his appearance is not necessary. Gingrich agreed to appear before the Jan. 6 committee later this month, and his testimony in both hearings would be largely the same.
Gingrich also argued that the special grand jury didn't have the power to indict. Therefore, federal law requiring states to honor out-of-state summons should not apply.
Gingrich's attorney, John Burlingame, told media outlets that he would likely appeal the ruling.
The Fulton County DA's Office alleges in court filings that Gingrich and others associated with Trump's campaign were involved in multiple plans to undermine the results of the 2020 presidential election.
Fulton court documents allege that Gingrich urged the Trump campaign to "air advertisements promoting the false narrative that election workers had smuggled suitcases containing fake ballots at the State Farm Arena in Atlanta, Georgia."
If the appeal is unsuccessful, Gingrich will appear before the Fulton County Special Purpose Grand Jury Nov. 29.