A judge ruled Monday that Georgia Gov. Brian Kemp must testify before a special grand jury that’s investigating possible illegal attempts by then-President Donald Trump and others to influence the 2020 election in the state—but not until after the November midterm election.

Judge Robert McBurney, presiding officer, judge member–Fulton County Superior Court. (Photo: John Disney/ALM) Fulton County Superior Court Judge Robert McBurney. (Photo: John Disney/ALM)

Lawyers for Kemp had argued that immunities related to his position as governor protect him from having to testify. But Fulton County Superior Court Judge Robert McBurney, who’s overseeing the special grand jury, disagreed and said the governor must appear before the panel. But he did agree to a request from Kemp’s lawyers to delay that testimony until after the Nov. 8 election, in which the Republican governor faces a rematch with Democrat Stacey Abrams.