Sen. Lindsey Graham (R-SC) asked the Supreme Court on Friday to block a subpoena from the Atlanta-area special grand jury that is investigating efforts to overturn the 2020 presidential election in Georgia.
Graham filed an emergency request to the high court after the 11th U.S. Circuit Court of Appeals Thursday denied his bid to block a federal court order demanding he deliver grand jury testimony to the Fulton County criminal investigation.
The South Carolina senator has said his post-2020 election conversations with Georgia officials were merely legislative activities he claims were protected by the speech or debate clause of the Constitution.
LINDSEY GRAHAM LOSES BID TO HALT GEORGIA GRAND JURY TESTIMONY IN ELECTION INQUIRY
Justice Clarence Thomas was asked to respond to the emergency request, as he oversees the 11th Circuit. He could refer the matter to the full court to consider whether to take up the application.
A three-judge panel on the appeals court turned away Graham’s attempt to block a subpoena from Fulton County District Attorney Fani Willis, a Democrat. Graham has maintained that a sitting senator has the privilege to be shielded from such types of investigations.
Meanwhile, a district judge has said Graham must present testimony but has narrowed the questions prosecutors can ask of him.
His attorney, Donald F. McGahn, argued that “Senator Graham will suffer the precise injury he is appealing to prevent: being questioned in state court about his legislative activity and official acts,” according to the high court filing.
McGahn is also former counsel to former President Donald Trump.
Trump and his allies sewed distrust in the election results after the November 2020 general elections by making unsubstantiated claims of voter fraud, especially targeting Fulton County’s election.
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Willis began the investigation last year following audio that surfaced between Trump and Georgia Secretary of State Brad Raffensperger in which the former president stressed the need to “find” 11,780 votes, enough to overturn President Joe Biden’s victory in Georgia. A special grand jury in the matter was impaneled in May.
McGahn furthered in Friday’s filings that the high court should “stay the district court’s order denying Senator Graham’s motion to quash and enjoin the grand jury from questioning Senator Graham until his appeal (and any certiorari petition) is finally resolved.”
