Sen. Lindsey Graham (R-SC) hit back at the Fulton County election inquiry, filing a motion to quash its subpoena request.
Lawyers for Graham said investigators assured the senator he was not a subject of the inquiry and declared that constitutional provisions regarding speech and sovereign immunity shield him from the process.
LINDSEY GRAHAM WAS ORDERED TO TESTIFY BEFORE A GRAND JURY IN GEORGIA ELECTION INQUIRY
“The Fulton County District Attorney has ensured South Carolina Senator Lindsey O. Graham that he is not a target or a subject of the Special Purpose Grand Jury,” the filing said. “(1) the Constitution’s Speech or Debate Clause protects him from this legal process, (2) sovereign immunity prohibits enforcement of the state court process on him as a federal officer, and (3) no extraordinary circumstances exist for compelling his testimony.”
Last week, the special grand jury for the Fulton County inquiry into the 2020 election subpoenaed Graham for testimony alongside six other key allies of former President Donald Trump. Graham vowed to challenge the subpoena, but on Monday, a Georgia judge ordered Graham to comply.
Graham’s Tuesday filing came in the U.S. District Court for the District of South Carolina Anderson Division, located in his home state. The subpoena against Graham last week required a signature from a Fulton Superior Court judge because he was from out of state.
The subpoena referenced calls Graham had with Georgia Secretary of State Brad Raffensperger that had reportedly been a focus of the inquiry for months.
“During the telephone calls, the witness questioned Secretary Raffensperger and his staff about reexamining certain absentee ballots cast in Georgia in order to explore the possibility of a more favorable outcome for former President Donald Trump,” the subpoena said. “The witness also made reference to allegations of widespread voter fraud in the November 2020 election in Georgia, consistent with public statements made by known affiliates of the Trump Campaign.”
Part of his argument to quash the subpoena hinges on sovereign immunity, or the notion that he had protection from the subpoena because he was acting in his official capacity as a senator during his call with Raffensperger. The Speech or Debate Clause in the Constitution similarly protects members of Congress “from being compelled to answer questions about legislative activity or produce legislative materials,” his lawyers said.
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Fulton County District Attorney Fani Willis has been examining whether Trump or his allies committed crimes while trying to challenge the 2020 election in Georgia. A special grand jury was impaneled in May to assist with her investigation. The inquiry has centered on a call Trump had with Raffensperger stressing the need to “find” 11,780 votes to tip the Peach State in his favor. Trump has denied wrongdoing and defended his call as “perfect.”
The investigation is also assessing claims Trump lawyer Rudy Giuliani made about the election to the Georgia Senate after the election and the sudden resignation of a U.S. attorney in Georgia. The panel has already scored high-profile witnesses, including Raffensperger, who testified last month, and Georgia Gov. Brian Kemp, who is expected to deliver a “sworn recorded statement” to the panel later this month.
