Topline
A federal judge Monday ordered Sen. Lindsey Graham (R-S.C.) to testify before a Fulton County, Ga. grand jury that is probing former President Donald Trump and his allies’ attempts to overturn election results, after Graham had argued his position as a senator should exempt him from appearing before the panel.
Sen. Lindsey Graham (R-S.C.) speaks during a press conference.
Key Facts
U.S. District Judge Leigh Martin May said Monday there were “extraordinary circumstances and a special need” for Graham’s testimony on alleged attempts to “influence or disrupt the lawful administration of Georgia’s 2020 elections,” according to the ruling.
Graham’s lawyers had argued a provision in the Constitution gave him absolute protection against being probed about legislative efforts, but a judge said the provision did not cover the grand jury’s probe.
The judge also rejected Graham’s claims “sovereign immunity” protected him from being forced to testify by a state prosecutor.
A representative for Graham did not respond to a request for comment from Forbes.
Tangent
The ruling comes after a Georgia judge ordered Trump’s former personal attorney Rudy Giuliani to testify next month before the same grand jury, after the former New York mayor had been attempting to push back his testimony because of medical issues he said impeded him from traveling. Giuliani had also attempted to challenge the Fulton County grand jury subpoena for him to testify, but lost the bid after failing to show up at a hearing about the challenge.
Key Background
Fulton County District Attorney Fani Willis (D) launched the special grand jury investigation in February 2021 to investigate Trump’s post-election conduct. The panel has subpoenaed a host of people close to Trump, including Graham, Giuiliani, conservative legal scholar John Eastman, and Trump-allied lawyers Jenna Ellis, Cleta Mitchell and Kenneth Chesebro. Willis has said she has questions about a phone call that took place between Graham and Georgia’s Republican Secretary of State Brad Raffensperger, whom Trump pressured to “find” enough votes to overturn Biden’s victory in the state. Raffensperger has said Graham asked about whether he had the authority to reject absentee ballots, which the secretary of state concluded was an attempt to throw out legally cast ballots. Graham made at least two phone calls to Raffensperger and his team about absentee ballots, and referenced allegations of widespread voter fraud like those peddled by Trump and his team, Willis wrote in a July subpoena for Graham to testify before the panel. The Fulton County special grand jury could take a year to complete its probe, after which it plans to issue a report that could recommend criminal charges, though a separate grand jury would need to indict Trump or any others involved.
Crucial Quote
“This is ridiculous. This weaponization of the law needs to stop. So I will use the courts. We will go as far as we need to go and do whatever needs to be done to make sure that people like me can do their jobs without fear of some county prosecutor coming after you,” Graham told reporters last week about his efforts to fight the subpoena.
Further Reading
Giuliani Must Appear Next Week Before Georgia Grand Jury Investigating Trump, Judge Orders (Forbes)
Judge: Sen. Graham must testify in Georgia election probe (Associated Press)
Source: https://www.forbes.com/sites/madelinehalpert/2022/08/15/lindsey-graham-must-testify-before-georgia-grand-jury-investigating-trump-judge-says/