Sen. Lindsey Graham (R-S.C.) on Friday asked the U.S. Supreme Court to quash a subpoena for his testimony before a special grand jury in Georgia in a probe into possible unlawful interference in the 2020 election.
The probe, fronted by Fulton County District Attorney Fani Willis, a Democrat, seeks to question Graham about phone calls to Georgia Secretary of State Brad Raffensperger in the weeks after the 2020 election.
Graham has argued that his post-election conduct was part of legislative fact-finding efforts and therefore protected by the Speech and Debate clause. The clause ensures congressmen can’t be questioned “in any other Place” about any speech or debate in either chamber of Congress.
The federal appeals court agreed with a lower court that any line of questioning about legislative activities is prohibited but that not all of Graham’s conduct fell within this category.
The grand jury may therefore follow a narrowed scope of questioning that wouldn’t violate his rights as a sitting senator.
‘Communications and Coordination’
The federal appeals court ruling stated that Graham’s “communications and coordination with the Trump campaign regarding its post-election efforts in Georgia, public statements regarding the 2020 election, and efforts to ‘cajole’ or ‘exhort’ Georgia election officials” fell outside of protected legislative activities.The Republican senator can’t be questioned over his “investigatory fact-finding on telephone calls to Georgia election officials” during the grand jury testimony.
The lower court in September ruled “that this area of inquiry falls under the protection of the Speech or Debate Clause, which prohibits questions on legislative activity.”
Graham’s lawyers have previously argued that his testimony would “erode the constitutional balance of power and the ability of a Member of Congress to do their job.”
