The U.S. Supreme Court on Tuesday denied a request by Senator Lindsey Graham, R-South Carolina, to vacate a Special Grand Jury subpoena in a Georgia prosecutor’s investigation into interference in the 2020 presidential election.
The decision is a victory for Fulton County District Attorney Fani Willis, whose office is investigating phone calls Graham made to Georgia election officials at a time when then-President Donald Trump was contesting the election results.
The court ruling clears the way for subpoena, although Graham could refuse to answer questions invoking his right not to incriminate himself under the Fifth Amendment to the Constitution.
On October 20, the Atlanta-based US Court of Appeals for the 11th Circuit rejected Graham’s attempt to avoid answering questions about phone calls he made to Georgia election officials after the 2020 election.
Graham has argued that he made those calls as part of his duties prior to a congressional vote to certify the election results, and therefore the Special Grand Jury subpoena violates the provision of the Constitution that protects lawmakers. of feedback investigations. they do in their official duties.
Senator Graham Asks US Supreme Court to Block His Special Grand Jury Testimony
But the appeals court ruled that the senator’s view of those constitutional protections was too broad and that he should answer key questions from the grand jury, even if he consulted with the Trump campaign before making the calls.
The Supreme Court order established that the lower court had already ruled that Graham cannot be questioned about his legislative activities. “Accordingly, no stay or injunction is necessary to safeguard the senator’s speech or debate clause immunity,” the justices said.
The order also said Graham is free to litigate further on what issues fall outside those boundaries. A statement issued by his office said the Supreme Court order made it clear that the speech or debate clause applies and that he does not have to answer questions about his legislative activities.
“The senator’s legal team intends to engage with the district attorney’s office on the next steps to ensure that this constitutional immunity is upheld,” the statement said.
Willis is investigating a pair of post-election phone calls Graham made to Secretary of State Brad Raffensperger and his staff.
USA: panel of judges rejects the request of Republican Senator Lindsey Graham
Raffensperger, a Republican, said Graham pressed him about his power to reject certain absentee ballots, which he interpreted as a suggestion to discard legally cast votes.
Graham has denied that was his intention, saying he was trying to understand the state’s process for verifying signatures on ballots. The grand jury subpoena said Graham “also made reference to allegations of widespread voter fraud,” which was “consistent with public statements made by known Trump campaign affiliates.”
Lower courts ruled that in addition to phone calls, Graham could be questioned about his public statements, any coordination with the Trump campaign and any attempts to “hook” election officials.
