Sen. Graham ‘Has Not Agreed’ to Testify in Trump Election Case, Will Fight Subpoena

Sen. Lindsey Graham (R-S.C.) in Washington on June 22, 2022. Anna Moneymaker/Getty Images

Sen. Lindsey Graham (R-S.C.) said he has not agreed to testify before a special grand jury in Georgia that’s investigating possible unlawful interference in the 2020 election, despite reports stating that he has.

The lawmaker was said to have reached an agreement with Fulton County, Georgia District Attorney Fani Willis regarding the service of a subpoena on Tuesday afternoon, the Spartanburg Herald-Journal reported. However, that agreement maintains Graham’s right to fight the subpoena, according to the report.

Graham was among a number of former President Donald Trump allies who were issued a subpoena by a Fulton County election inquiry in July.

The inquiry is seeking evidence related to an alleged “coordinated effort” by Trump and others to influence and overturn the results of the November 2020 election in the state of Georgia and elsewhere.

“Senator Graham has agreed to accept service of a subpoena for testimony from the Fulton County Special Purpose Grand Jury in Atlanta, Ga., without waiving any challenges or any applicable privilege and/or immunity,” the agreement reached this week states, according to reports.

Chris Adams, attorney for Willis and the special grand jury, confirmed that an agreement had been reached to the Spartanburg Herald-Journal, adding that he was “pleased.”

“There was no issue for a South Carolina court to decide,” Adams said. “The appropriate place to resolve these issues is Atlanta, Georgia, where the court hearing the issue is. We got an agreement today with the senator that basically agrees with our position.”

‘Not Agreed to Testify’

However, Graham spokesman Kevin Bishop told the outlet that the GOP senator had only agreed to move the case to a federal district court in Georgia, and will continue to fight the subpoena.

“Graham has not agreed to testify,” Bishop said. “Graham will fight the subpoena in federal district court in Georgia.”

The Epoch Times has contacted Graham’s office for comment.

Lawyers for the Republican lawmaker previously asked a federal judge on July 12 to quash the subpoena, doubling down on their assertions that his appearance before the special grand jury would “erode the constitutional balance of power and the ability of a Member of Congress to do their job.”

In court papers (pdf) his attorneys also stated that Graham had not attempted to interfere with the election results in Georgia, as suggested by Willis, a Democrat.

“Senator Graham has never inserted himself into the electoral process in Georgia, and has never attempted to alter the outcome of any election,” the court papers state.

The subpoena issued to Graham said he made at least two telephone calls to Georgia Secretary of State Brad Raffensperger and his staff following President Joe Biden’s win in the 2020 election, asking them about “reexamining certain absentee ballots cast in Georgia in order to explore the possibility of a more favorable outcome for former President Donald Trump.”

‘A Necessary and Material Witness’

“The witness also made reference to allegations of widespread voter fraud in the November 2020 election in Georgia, consistent with public statements made by known affiliates of the Trump Campaign,” the subpoena reads.

The subpoena also states that Graham “is a necessary and material witness to the Special Purpose Grand Jury investigation” and that he “possesses unique knowledge concerning” what was said in the phone calls as well as “known and unknown individuals involved in the multi-state, coordinated efforts to influence the results of the November 2020 election in Georgia and elsewhere.”

Because of the latest agreement, a hearing that had been set for Wednesday morning in the U.S. District Court in Charleston was canceled, according to reports.

Adams said he anticipates Graham will come to Georgia sometime in August to accept the subpoena and provide testimony to the grand jury.

“It is anticipated only one day will be needed,” Adams said. “They did reserve the right to attempt to litigate in Fulton County, Georgia, or at the federal courthouse in Atlanta.”