Ellis was subpoenaed for testimony earlier this summer, with investigators referring to a memo Ellis wrote suggesting that then-Vice President Mike Pence could essentially dismiss the Electoral College results on Jan. 6, 2021. She had been requested by a Colorado court to give the testimony slated for Thursday, CBS reported.
"Witness personally authored at least two legal memoranda to former President Donald Trump and another of his attorneys, Jay Sekulow, advising that Vice President Mike Pence should disregard certified electoral college votes from Georgia and other purportedly 'contested' states during the Joint Session of the United States Congress on January 6, 2021," a July 5 court filing said.
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"There is evidence that the Witness’s drafting of these legal memoranda was part of a multi-state, coordinated plan by the Trump Campaign to influence the results of the November 2020 election in Georgia and elsewhere," the filing, which was intended to certify Ellis as a material witness to the inquiry, added.
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Ellis also appeared with lawyer Rudy Giuliani before a Georgia state Senate panel in December 2020. According to Fulton County investigators, Giuliani peddled claims of election fraud that Georgia Secretary of State Brad Raffensperger discussed. That Senate hearing has been a point of focus in the inquiry.
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The proceedings to get testimony from Ellis coincided with a flurry of other subpoenas directed at other key allies of former President Donald Trump in July, including Giuliani and Sen. Lindsey Graham (R-SC). Like many of the other Trump allies subpoenaed, Ellis fought the motion in court, but a Colorado judge ordered her to comply earlier this month.
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Fulton County District Attorney Fani Willis initiated the inquiry about whether crimes were committed in Georgia during the 2020 election last year after audio surfaced of Trump underscoring the need to "find" 11,780 votes during a call with Raffensperger.
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A special grand jury for the investigation was impaneled in May at Willis's direction, issued subpoenas, and assisted in the inquiry. Several key witnesses, such as Raffensperger, have reportedly testified before the panel.
Investigators are covered in legal battles to get testimony from others, such as Graham, who has argued he should be excused from answering most questions due to the "speech or debate" clause in the Constitution.
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Recently, Georgia Gov. Brian Kemp (R) has battled to scrap a subpoena against him, citing the proximity to the midterm elections and various privileges. The inquiry is also seeking testimony from former White House chief of staff Mark Meadows, lawyer Sidney Powell, and cyber researcher James Waldron.
Trump has not yet been subpoenaed for testimony, but Willis has kept that option open.
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