Fulton County District Attorney Fani Willis has asked the judge overseeing the panel to issue certifications proving that Giuliani, Graham and others are material witnesses in the investigation, the first step in asking courts in other states to compel witnesses to appear in Georgia. Conservative attorney John Eastman and expert Jacki Deason were also identified as material witnesses, as were Trump attorneys Cleta Mitchell, Kenneth Chesebro and Jenna Ellis. The Atlanta Journal-Constitution first reported the move to compel witness testimony. The affidavits state that witnesses should testify as early as July 12. A lawyer for Giuliani said the former New York mayor “has not been served with a subpoena.” A spokesman for Graham did not immediately return a request for comment Tuesday. The affidavit naming Giuliani as a material witness marked his appearance at a hearing before the Georgia state Senate in December 2020. Serving as Trump’s personal attorney, Giuliani made allegations of voter fraud that were quickly debunked, but he continued to repeat them. public, the certificate said. “There is evidence that the Witness’ appearance and testimony at the hearing was part of a multi-state, coordinated plan by the Trump Campaign to influence the results of the November 2020 elections in Georgia and elsewhere,” the affidavit said. Graham’s deposition document says he spoke with Georgia Secretary of State Brad Raffensperger shortly after the election. Graham “asked Secretary Raffensperger and his staff about reviewing certain absentee ballots cast in Georgia to explore the possibility of a more favorable result” for Trump, the affidavit states. Graham has acknowledged the phone calls in the past and denied any allegations of wrongdoing, telling “Face the Nation” in January that he “asked how the system worked when it came to vote-by-mail and voting.” President Biden won Georgia in 2020 by a narrow margin, and Republican election officials in the state have repeatedly said and testified that allegations of widespread voter fraud are unfounded. Trump pushed Raffensperger and other officials to “find” enough votes for him to win, according to a recording of a phone conversation between Trump and Raffensperger obtained by CBS News last year. During the call on January 2, 2021, the president told Raffensperger, “All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state.” The special judicial commission was formed in January at the request of Willis, the district attorney. The investigation includes the call between Raffensperger and Trump, and the secretary of state was subpoenaed to testify before a grand jury in June. Georgia Gov. Brian Kemp also agreed to hand over a taped sworn statement to the grand jury on July 25. More Kathryn Watson Kathryn Watson is a political reporter for CBS News Digital based in Washington, DC
