A federal judge scheduled a hearing in Atlanta for next Monday to consider Hice’s request that the court block the subpoena.
Hice was served last month, with the subpoena calling on him to testify before the grand jury this week. Hice went to court regarding the subpoena, and in the new filing, he indicated that he’s trying to move the proceedings from state court to federal court.
In filings with a federal court in Georgia, Hice argued that the subpoena violates the Constitution’s Speech or Debate Clause, which shields lawmakers from certain law enforcement actions related to their legislative duties. Hice also claimed that the subpoena ran afoul of the “high-ranking official” doctrine, which sets certain legal standards for when a high-ranking official can be compelled to give testimony.
The subpoena is one page long and does not indicate how Hice relates to the investigation or why Willis wants him to testify.
According to Hice’s filings with the federal court, he and the Fulton County District Attorney’s Office had agreed that he would not testify before the grand jury on Tuesday, as the subpoena had demanded, so that the court could consider the legal issues Hice was raising.
US District Judge Leigh Martin May, an appointee of former President Barack Obama, scheduled a hearing on Hice’s motion for July 25.
In a statement, Sarah Selip, a spokesperson for Hice’s congressional office, said, “At this time, Mr. Hice 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.”
This story has been updated with additional details.
