Fulton County District Attorney Fani Willis has issued a subpoena for former New York Police Commissioner Bernard Kerik to testify as a government witness in the trial in Georgia of two Trump co-conspirators later this month, according to a new letter obtained by CBS News.

Kerik attorney Tim Parlatore, in a sharply worded letter to the special prosecutor leading the case, Nathan Wade, confirmed that Kerik has received a subpoena to testify at the upcoming trial of lawyers Kenneth Chesebro and Sidney Powell on Oct. 23. The two, who both invoked their right to a speedy trial, are being tried separately from former President Donald Trump and 16 others accused in Georgia of trying to overturn the outcome of the 2020 presidential election. 

Parlatore pointed out to Wade that "no competent criminal attorney would allow Mr. Kerik to testify absent a grant of immunity." Kerik has been identified as one of the unindicted co-conspirators in the case, so Parlatore argued that without immunity, testifying would imperil Kerik's 5th and 6th Amendment rights. He wrote that his client "has done nothing wrong" and rejected claims by the district attorney's office that he is a co-conspirator.  

Parlatore says the court has two courses of action ahead in order to obtain Kerik's testimony: it must either hold a hearing and the D.A.'s office must retract its "public allegations" against Kerik; or it must grant immunity to him. CNN first reported Kerik's subpoena and said that Parlatore confirmed he is "Individual 5" in the Fulton County indictment.

According to the indictment, Kerick allegedly received an email from Chesebro containing documents that "were to be used by Trump presidential elector nominees in Georgia for the purpose of casting electoral votes for Donald John Trump on December 14, 2020," even though he lost Georgia.

Kerik is also alleged to have attended a meeting with accused Trump co-conspirators Rudy Giuliani and Jenna Ellis and with Arizona legislators, during which Giuliani "made false statements concerning fraud in the November 3, 2020 presidential election in Arizona and solicited, requested and importuned the legislators present to call a special session of the Arizona State Legislature." The indictment also says he attended a similar meeting with the two alleged co-conspirators and Pennsylvania Assembly members.

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Nikole Killion

Nikole Killion is a congressional correspondent for CBS News based in Washington D.C.

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