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Florida appeals court: No delay for Michael Flynn in Fulton County Trump grand jury testimony

Flynn sought the delay while the Florida court considers his appeal. Flynn could testify Thursday

ATLANTA — A Florida appeals court did not grant retired Lt. Gen. Michael Flynn a delay preventing him from testifying before the Fulton County special grand jury investigating efforts by former President Donald Trump and his allies to overturn the 2020 election.

Flynn, who served as National Security Advisor in the Trump administration, asked for the delay as his appeal of lower court rulings ordering him to testify in Atlanta is considered. The decision was issued by Florida’s District Courts of Appeal, Second District.

Flynn is scheduled to testify in Atlanta Thursday, but it's unclear if his appearance will be rescheduled. Attorneys for Flynn and a spokesperson for the Fulton County District Attorney, the office overseeing the grand jury's activities, declined to comment.

In court documents, the Fulton County District Attorney Fani Willis alleged that Flynn possesses "unique knowledge concerning communications between himself and other known and unknown individuals involved in the multistate, coordinated efforts to influence the results of the November 2020 election in Georgia and elsewhere."

Allegations against Flynn include that he met with Trump, attorney Sidney Powell, and others associated with the Trump Campaign at the White House. to discuss invoking martial law, seizing voting machines and appointing Powell as special counsel to investigate the 2020 election. 

Flynn, a Florida resident, is not the only out-of-state witness fighting to avoid the grand jury. Local judges must must sign off on orders for them to be enforceable against non-Georgia residents.

The South Carolina Supreme Court ruled last week that Mark Meadows, Trump's former chief of staff, must testify. U.S. Sen. Lindsey Graham (R-SC) testified before the grand jury in late November. Former U.S. House Speaker Newt Gingrich is the midst of his appeal in Virginia.

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