Deason — who lives in Dallas and was given an arraignment date of Aug. 31 — has “no obligation” to appear before the special grand jury, according to rulings earlier this month by the Texas Court of Criminal Appeals that noted the deadline for her summons had passed.
“Because it has expired, the underlying legal arguments are now moot,” Judge Bert Richardson wrote in his concurring opinion.
It’s unclear how the appeals court ruling could affect other potential witnesses in the Georgia investigation.
Trump-connected attorney Sidney Powell, who was also recently ordered to testify as part of the Fulton County District Attorney’s investigation, is also a Texas resident.
Willis’ team subpoenaed Deason in July, saying she “possesses unique knowledge of the communications between herself, the Trump campaign and other known and unknown individuals involved in the coordinated multi-state effort to influence the outcome of the 2020 election in Georgia and elsewhere. ” according to court filings from Fulton County prosecutors.
Deason presented a heavily edited video before Georgia lawmakers at a hearing in December 2020 that purported to show election officials producing “suitcases” of illegal ballots, according to court filings. That claim was investigated by state election officials and quickly proved to be false.
A Dallas County judge ruled earlier this year that Deason must testify before a special purpose grand jury in Fulton County. Her lawyers then appealed to the Court of Criminal Appeals, Texas’ highest court for criminal cases. Nine judges serve on the court, who are elected for six-year terms.
In their concurrence, a majority of the court’s judges ruled that Deason, Trump’s former 2020 attorney, need not testify. In their rulings, they wrote that because Deason was ordered to testify until Aug. 31, that order “has now expired.”
“In the future, if the State of Georgia seeks to compel the testimony of this witness under another subpoena, the application of these rules could be reconsidered, but that is for another day and time,” Richardson wrote.
In another written decision by the Texas Court of Criminal Appeals, Judge Kevin Yeary and his three colleagues concluded that because the Fulton County special court “does not have the power to charge,” it is technically not “criminal in nature” and Deason should not be forced to testify.
A representative for Willis declined to comment.
The court seeking Powell’s testimony said she has “unique knowledge” of communications between her, Trump, the Trump campaign and others about efforts to influence the 2020 election results, including her role in hacking the election system in Coffee County, Georgia.
