A Richmond judge will rule later this week on whether to dismiss embezzlement charges against a former Virginia Executive Mansion chef.
Last week, the judge rejected a defense request to subpoena Cuccinelli and one of his top assistants to testify at Monday's hearing, sparing Cuccinelli, the Republican candidate for governor, from being compelled to answer questions in a politically explosive case less than four months before the election.
State law requires a judge's approval to subpoena the governor, attorney general or lieutenant governor. In court papers opposing the motion, Cuccinelli also cited a Virginia State Bar rule that says only a prosecutor can request a subpoena for a lawyer to testify in a case involving a current or former client, and the request must be approved by a judge.
RELATED COVERAGE ON NBCWashington.com:
- Judge Denies Request to Subpoena Cuccinelli
- Ex-Executive Mansion Chef's New Claims Against Va. Gov.
- Va. Gov Acknowledges Nothing on Unreported Gifts
- McDonnell: Stories of Family Taking Mansion Items False
- Richmond Prosecutor Investigating Va. Gov. McDonnell
- Governor's Chef Back in Court Tuesday in Embezzlement Case