Graham Has Asked the Supreme Court to Block His Georgia Election Probe Testimony


Sen. Lindsey Graham (R-S.C.) asked the Supreme Court on Friday to stop him from having to testify in an investigation into former president Trump’s alleged interference in the 2020 election in Georgia.

Graham filed his motion a day after a lower appeals court in Georgia’s Fulton County refused to stop him from testifying in front of a special grand jury.

Graham asked the court to rule that constitutional protections for lawmakers should keep him from having to obey a subpoena from District Attorney Fani Willis.

He did this in court papers sent on Friday to Justice Clarence Thomas, who handles emergency matters from the U.S. Court of Appeals for the 11th Circuit (D).

Without a stay, a local Georgia prosecutor and her ad hoc investigation committee would soon question Senator Lindsey Graham about his protected “speech or debate” about the 2020 election, Graham’s lawyers say.

The Constitution says that senators “must not be questioned” about “any Speech or Debate,” but this will still happen. Graham has asked for his subpoena to be put on hold so that he can file an appeal.

Graham Has Asked the Supreme Court to Block His Georgia Election Probe Testimony

Graham’s appeal is about a federal judge’s decision that Graham doesn’t have to testify about calls he made to state election officials to find out facts before deciding how to vote on certifying the 2020 election, but that questioning can continue in other ways.

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Graham says that the agreement will give detectives “backdoor ways” to talk to him about the calls.

The South Carolina Republican’s appeal was turned down Thursday by a panel of three judges in the 11th Circuit. They all agreed that “Senator Graham has failed to show that he is likely to win on the merits of his appeal.”

As part of her investigation, Willis has tried to find Graham and other well-known people. She has also sent subpoenas to several Republicans who lied about being pro-Trump voters in the 2020 election.

Trump’s attempt to go against the wishes of Georgians and people in a few other key states, where he lost to President Biden in the 2020 election, has led to questions from Congress and criminal investigations by the Department of Justice, the Fulton County district attorney, and others.

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