Gardner, along with at least three private attorneys she hired at taxpayer expense to defend her, have said they have tried to cooperate with the grand jury investigation but have also condemned the search warrant as an “unconstitutionally broad” attempt to undermine Gardner’s authority.

Gardner and her chief investigator, Tony Box, were scheduled to testify for the grand jury but it’s not clear if they did.

On March 12, Mullen rejected an attempt by Gardner’s office to block a search warrant seeking six months of emails, attachments and other electronic data from the office’s server. Hours later, police and a special prosecutor seized the server for about an hour.

That day, when police officers and a special prosecutor went to serve the search warrant, Smith asked police to define what they meant by “server” and sparred with them over the kinds of files or documents were requested. A Circuit Attorney’s Office staff member took a video recording of the interaction, and a transcript was included in a pleading from Smith.

Mullen accused Gardner’s office this month of “playing games” with the investigation.