Robert Costello, the lawyer for embattled former New York City mayor and Donald Trump's lawyer Rudy Giuliani, said his client will not be appearing before a special grand jury in Atlanta.

Giuliani was scheduled to appear Tuesday before the special grand jury, which is currently investigating Trump's attempts to interfere in the 2020 general election in Georgia.

Costello told the Associated Press Monday that Fulton County Superior Court Judge Robert McBurney had already excused Rudy Giuliani for the day. However, no publicly available court documents indicated that Giuliani was excused from appearing.

Rudy Giuliani Seeking to Delay Probe

Judge Robert McBurney has scheduled a hearing for 12:30 p.m. on Tuesday to hear arguments on Rudy Giuliani's court filing to seek a delay for his appearance in court. On Monday, Fulton County District Attorney Fani Willis asked the judge to deny that request.

According to The Atlanta Journal-Constitution , Giuliani is seeking to delay the hearing because he is currently recovering from a recent medical procedure. His lawyers have submitted doctors' notes that he recently had a "recent invasive procedure" after a "complex artery diagnosis" and isn't yet cleared for air travel.

The filing noted that the District Attorney's office has turned down requests for Giuliani to appear virtually or wait until he is medically cleared to fly to Atlanta.

Attorney Bill Thomas, one of the former New York City mayor's lawyers, said Giuliani does not seek to "inappropriately delay, or obstruct these proceedings."

However, the Georgia DA's Office noted that the doctor's note came a day after Giuliani tweeted a smiling photo of himself with a reporter in New Hampshire.

When Thomas said Giuliani had been driven to New Hampshire since he was not cleared for air travel, the DA's Office said they also offered to pay for Giuliani's train or bus fare.

They also presented evidence that Giuliani purchased airline tickets to Italy and Switzerland for dates in late July, which were scheduled shortly after his medical procedure. However, it does not specify if the former mayor used these tickets.

Based on the gathered evidence, the District Attorney asked the court to deny Rudy Giuliani's motion and ordered him to appear before the special grand jury.

READ NEXT: Georgia Files Subpoena for Rudy Giuliani and Lindsey Graham in Trump Election Probe

Rudy Giuliani Ordered to Appear Before Georgia Grand Jury by the New York Supreme Court

New York State Supreme Court Justice Thomas Farber ordered Rudy Giuliani to appear before the Georgia special grand jury after he failed to show up during a July 13 hearing.

The former New York City mayor was ordered to appear before the grand jury beginning on August 9 and any such dates that the court may order.

According to Forbes, the order came a few weeks after the Georgia special grand jury subpoenaed Giuliani. He previously failed to appear at a hearing in New York to challenge the subpoena.

Also included in the subpoena are fellow Trump lawyers Jenna Ellis, Cleta Mitchell, and Kenneth Chesebro, as well as the embattled conservative legal scholar John Eastman, who suggested to Donald Trump that former Vice President Mike Pence could overturn the election results.

They also issued a subpoena for Republican Senator Lindsey Graham for his phone call in trying to reverse the Georgia election results.

READ MORE: January 6 Committee Says Mike Pence and Ginni Thomas Could Be Subpoenaed

This article is owned by Latin Post.

Written by: Rick Martin

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