Lindsey Graham Asks Supreme Court to Quash Subpoena in Trump Election Probe

Lindsey Graham Asks Supreme Court to Quash Subpoena in Trump Election Probe
Sen. Lindsey Graham (R-S.C.) speaks to media after a panel discussion in part with the America the Great tour hosted by Heritage Action for America at the Scottsdale Resort at McCormick Ranch in Scottsdale, Ariz., on Oct. 14, 2022. Rebecca Noble/Getty Images
Caden Pearson
Updated:
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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.

Graham filed his request a day after a federal appeals court upheld a lower court ruling that the Republican senator must testify.

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.

Graham may be questioned about any alleged efforts to encourage Raffensperger or others to “throw out ballots or otherwise alter Georgia’s election practices and procedures.”

‘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.”

However, Willis has said that Graham “possesses unique knowledge concerning” what was said in the phone calls as well as “any communications between himself, others involved in the planning and execution of the telephone calls, the Trump Campaign, and other known and unknown individuals involved in the multi-state, coordinated efforts to influence the results of the November 2020 election in Georgia and elsewhere.”