U.S. Senator Lindsey Graham (R-SC) speaks during a Senate Judiciary Committee confirmation hearing on Judge Ketanji Brown Jackson’s nomination to the U.S. Supreme Court, on Capitol Hill in Washington, U.S., March 22, 2022.
Jonathan Ernst | Reuters
A federal judge on Monday denied Sen. Lindsey Graham’s bid to throw out a subpoena for his testimony before a special grand jury in Fulton County, Georgia, as a part of its investigation into possible criminal election interference by former President Donald Trump and his allies in 2020.
The court rejected Graham’s contention that the subpoena must be quashed due to his status as a high-ranking government official, amongst other arguments. The subpoena requires the South Carolina Republican, who’s a witness within the probe, to seem before the grand jury on Aug. 23.
District Attorney Fani Willis, who’s conducting the investigation, “has shown extraordinary circumstances and a special need for Senator Graham’s testimony” about “alleged attempts to influence or disrupt” Georgia’s elections, Judge Leigh Martin May wrote in Monday’s order in U.S. District Court in South Carolina.
Graham’s attorneys are reviewing the ruling, their spokesperson Beth Huffman of law firm Nelson Mullins told CNBC. A spokesman for Graham’s office didn’t immediately reply to a request for comment.
The district attorney desires to query Graham about phone calls he made to Georgia Secretary of State Brad Raffensperger within the weeks following the November 2020 election. Graham’s lawyers argued that those calls were “quintessentially legislative factfinding” by a sitting U.S. senator, and as such are protected by the Speech and Debate Clause of the Structure.
But that argument fizzled before May, who ruled that even when that clause protected Graham from testifying in regards to the calls to Raffensperger, he might be still questioned about other issues relevant to the probe.
“The mere possibility that some lines of inquiry could implicate Senator Graham’s immunity under the Speech or Debate Clause doesn’t justify quashing the subpoena in its entirety because there are considerable areas of inquiry that are clearly not legislative in nature,” May ruled.
Trump called Raffensperger on Jan. 2, 2021, 4 days before Congress convened to substantiate Biden’s electoral victory.
In that decision, Trump urged Raffensperger to “find” him enough votes to overturn Biden’s win in Georgia.
“All I need to do is that this: I just want to seek out 11,780 votes,” Trump told him.