Georgia Rep Hice challenges subpoena on Constitutional grounds

Hice is likely to argue that the subpoena cannot be enforced against a member of Congress

(Getty Images)

Georgia Representative Jody Hice is refusing to comply with a subpoena ordering him to give evidence before the Georgia special grand jury investigating former president Donald Trump’s attempt to pressure Peach State officials into overturning Joe Biden’s 2020 election win there.

The grand jury was empaneled earlier this year at the request of Fulton County District Attorney Fani Willis. The grand jurors were sworn in on 2 May and given responsibility for investigating “the facts and circumstances relating directly or indirectly to the possible attempts to disrupt the lawful administration of the 2020 elections in the State of Georgia”.

Ms Willis has already issued subpoenas to other Trump allies and Georgia officials, including Secretary of State Brad Raffensperger and Governor Brian Kemp. Some, such as South Carolina Senator Lindsey Graham, have resisted giving evidence in the investigation.

On Monday, Mr Hice filed court paper transferring the Fulton County Superior Court subpoena to a federal court in Atlanta, on the grounds that he is a “federal officer” who deserves to have any attempt to enforce the subpoena argued in federal court.

“Since Congressman Hice is a member of the United States House of Representatives and is being asked to testify pursuant to a state-issued subpoena, the federal officer removal statute should apply, and this action should therefore be removed to the United States District Court for the Northern District of Georgia,” his attorneys wrote.

If the federal court decides to retain jurisdiction over the case, Mr Hice could ask the court to quash the subpoena on grounds that it violates the limited immunity granted to members of Congress for legislative acts.

In a statement, Mr Hice’s spokesperson, Sarah Selip, said he had “received a subpoena from the Fulton County District Attorney’s Office to appear as a witness before the special purpose grand jury”.

Ms Selip added that Mr Hice’s attorneys have “successfully removed the matter to federal court,” and said the Georgia Republican “is eager to return to Washington, D.C. to fulfill his duties as a member of Congress as the House of Representatives is in session this week”.