Sen. Lindsey Graham, RSC, asked Supreme Court Friday to stop a subpoena compelling him to testify in a Georgia district attorney’s criminal investigation into possible meddling in the 2020 election.
Graham’s request comes a day later A federal appeals court ordered him to testify In a grand jury investigation that has already implicated Trump associates like Rudy Giuliani.
On Thursday, the 11th Circuit U.S. Court of Appeals rejected his arguments that he did not have to answer questions about two phone calls he made to Georgia election officials after the 2020 election because his actions were protected under the U.S. Constitution’s Speech and Debate Clause. .
In a 33-page application sent to Judge Clarence Thomas, who handles emergency motions from the 11th Circuit, Graham’s lawyers asked for an immediate emergency restraining order on Friday.
“Without a stay, Senator Lindsey Graham will soon be questioned by a local Georgia attorney and her ad hoc investigative body about her protected ‘speech or discussion’ related to the 2020 election,” the filing states.
It argues that Graham’s “constitutional immunity would be lost, and his constitutionally guaranteed appeal would require the court to act the moment a local Georgia attorney questions him.”
Thomas can decide the issue himself or refer the matter to the full court.
A grand jury was convened earlier this year in Georgia to assist in Fulton County District Attorney Fannie Willis’ investigation. 2020 election interference is possible By ex President Donald Trump and many others. It has already interviewed several such top Trump associates Giuliani And the Trump attorney John EastmanBoth helped to make his fraudulent election claims.
A grand jury wants to question Graham about the circumstances of the two Phone calls After the election he did it to Georgia Secretary of State Brad Raffensberger and his office. Raffensberger, the state’s top election official, said Graham pressed him As for whether he has the authority to reject some absentee ballots, Raffensberger interpreted it as a suggestion to throw out legally cast ballots. Graham denied that was his intention, and said the calls were “investigative” and part of his duties as chairman of the Senate Judiciary Committee.
Judges at the state and federal level have found that Graham’s claims are not immune from questioning the calls. Thursday’s appeals court ruling agreed with the lower court, ruling that Graham could answer some key questions from the grand jury, including whether he consulted with Trump’s campaign before making the calls.
The 11th Circuit held that the types of questions posed by the lower court “could not qualify as legislative proceedings under any understanding of Supreme Court precedent” and that investigators could ask Graham about them.
Willis’ office declined to comment on Graham’s request for the Supreme Court to intervene.
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