The Supreme Court rejected a request by Sen. Lindsey Graham (R-SC) on Tuesday to block a subpoena to testify in a Fulton County, Georgia, grand jury investigation on efforts to overturn the 2020 presidential election.
The decision came just one week after Justice Clarence Thomas temporarily ruled to halt him from testifying. The high court’s ruling on Tuesday leaves no legal impediments standing in the way of Graham’s appearance before the grand jury, which is now slated for Nov. 17.
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Still, the justices wrote in their order that Graham could still raise objections to some questions asked of him.
Graham’s office issued a statement following the rejection saying he intends to “engage with” the grand jury.
“Today, the Supreme Court confirmed that the Constitution’s Speech or Debate Clause applies here,” Graham’s office wrote. “They also affirmed that Senator Graham ‘may return to the District Court’ if the District Attorney tries to ask questions about his constitutionally protected activities. The Senator’s legal team intends to engage with the District Attorney’s office on next steps to ensure respect for this constitutional immunity.”
Graham, a top ally of former President Donald Trump, had argued the Constitution’s speech and debate clause shielded him from being forced to testify in the inquiry led by Fulton County District Attorney Fani Willis, a Democrat.
Willis wrote to the justices that the “delay resulting from a stay would be unavoidably harmful” to the grand jury investigation.
Lower courts have denied Graham’s previous requests for a pause while the Fulton County investigation plays out.
The Republican senator has claimed his post-2020 election conversations with Georgia officials were merely legislative activities protected by the speech and debate clause of the Constitution.
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Graham’s attorney, Donald F. McGahn, has said the senator “will suffer the precise injury he is appealing to prevent: being questioned in state court about his legislative activity and official acts,” according to his high court filing.
The Washington Examiner contacted McGahn for comment.
