Sen. Lindsey Graham (R-SC) agreed Tuesday to accept a subpoena for his testimony in front of a special-purpose grand jury, breaking with other high-profile Republicans who have refused to comply with the inquiry into efforts to overturn the 2020 election results in Georgia.
Graham agreed to accept the subpoena from Fulton County District Attorney Fani Willis without waiving any applicable privilege but said he still maintains his right to challenge the legality of the subpoena. He filed a motion to quash the subpoena request last week, according to a court filing.
LINDSEY GRAHAM FILES MOTION AGAINST FULTON COUNTY SUBPOENA
“Senator Graham has agreed to accept service of a subpoena for testimony from the Fulton County Special Purpose Grand Jury in Atlanta, Georgia, without waiving any challenges or any applicable privilege and/or immunity,” according to an agreement.
Attorneys from both sides told the judge they reached an agreement “to withdraw all process and proceedings pending” before the South Carolina district court.
Willis told the judge Monday that Graham’s challenge was premature because the subpoena had not been served yet. Fulton County Superior Court Judge Robert McBurney said Graham would be required to appear before the jury on Aug. 2 “continuing through and until the conclusion” of his witness testimony on or before Aug. 13.
Graham’s testimony is “essential” and likely to be centered on two known calls he had with Georgia Secretary of State Brad Raffensperger following the 2020 election, McBurney said.
Willis has been examining whether former President Donald Trump or his allies committed crimes during the fallout of the election by improperly seeking to overturn the results in the Peach State. The special grand jury was impaneled in May to aid in the inquiry and issue subpoenas.
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Trump has denied any wrongdoing and dismissed Willis’s investigation as another politically motivated “witch hunt.”
Any future challenges to the subpoena will be filed in Fulton County Superior Court or the U.S. District Court in Atlanta.