Topline
Sen. Lindsey Graham (R-S.C.)—who allegedly pushed Georgia officials to throw out ballots in an effort to overturn former President Donald Trump’s loss in the 2020 election—may face questions in the Georgia grand jury panel investigating election interference after a federal judge on Thursday denied his effort to quash a subpoena for the second time in under a month.
Sen. Lindsey Graham (R-S.C.) may be questioned in the Georgia grand jury panel investigating Trump … [+]
Key Facts
The district attorney in Fulton County is seeking to question Graham, one of Trump’s loudest supporters, about a phone call with Georgia Secretary of State Brad Raffensperger in which he allegedly asked about throwing out mail-in ballots after the 2020 election, following the senator’s repeated argument his office should bar him from appearing before the panel.
Judge Leigh Martin May did rule, however, Graham will not face questions related to “investigatory fact finding” over telephone calls with Georgia election officials, finding he is protected by the Speech or Debate Clause, prohibiting questions on legislative activity.
Brian Lea, an attorney representing Graham, argued in a court filing that the phone calls in question were part of Graham’s investigation into potential voter fraud—claims that have been debunked—as the senator decided whether he should vote to certify the Electoral College results (which he ultimately did).
The judge’s ruling on Thursday denies Graham’s appeal of her ruling last month that there were “extraordinary circumstances and a special need” for Graham to testify.
Key Background
After the election, Raffensperger said Graham implored him to “look hard and see how many ballots you could throw out,” the Washington Post reported. Graham has denied the allegations, calling them “ridiculous.” Graham is the latest of a group of Trump allies at the center of the grand jury’s probe into election interference in Georgia, including the former president’s attorneys Rudy Giuliani and John Eastman, who were also subpoenaed last month. On Wednesday, Eastman—a legal scholar who devised a dubious plan for former Vice President Mike Pence to stop the certification of the 2020 election on January 6, 2021—invoked his Fifth Amendment right against self-incrimination. Thursday’s ruling comes nearly a year and a half after Fulton County District Attorney Fani Willis launched the probe into Trump and his allies’ post-election conduct. Although the probe can recommend charges, it can’t criminally indict anyone on its own.
Chief Critic
Graham’s attorneys had slammed the probe as a political stunt in July, saying a subpoena would “erode the constitutional balance of power and the ability of a member of Congress to do their job.”
Further Reading
Lindsey Graham Must Testify Before Georgia Grand Jury Investigating Trump, Judge Says (Forbes)
Source: https://www.forbes.com/sites/brianbushard/2022/09/01/judge-denies-lindsey-grahams-effort-to-quash-subpoena-in-election-interference-probe-again/