Supreme Court clears way for Graham testimony
WASHINGTON >> The Supreme Court on Tuesday cleared the way for Sen. Lindsey Graham’s testimony in a Georgia investigation of possible illegal interference in the 2020 election by then-President Donald Trump and his allies in the state.
The court lifted a temporary hold on Graham’s appearance before a special grand jury, now scheduled for Nov. 17.
But in an unsigned order, the justices noted that Graham still could raise objections to some questions.
“Today, the Supreme Court confirmed that the Constitution s Speech or Debate Clause applies here. 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.”
The South Carolina senator, a top Trump ally, had argued that a provision of the Constitution, the speech and debate clause, shields him from being forced to testify at all.
Fulton County District Attorney Fani Willis had told the justices that “the delay resulting from a stay would be unavoidably harmful” to the grand jury investigation.
Lower courts had rebuffed Graham’s plea for a pause while the legal case plays out.
Tuesday’s order dissolved a temporary hold that Justice Clarence Thomas had placed on the testimony while he and his colleagues weighed the arguments.
Graham’s legal team plans to reach out to Willis’ office about what happens next, according to a statement from the senator’s office.
Graham, a four-term senator who last won reelection in 2020, was first subpoenaed in July by Willis. The district attorney opened her investigation shortly after a recording of a January 2021 phone call between Trump and Georgia Secretary of State Brad Raffensperger was made public. In that call, Trump suggested Raffensperger could “find” the votes needed to overturn his narrow loss to Democrat Joe Biden.
Willis wants to question Graham about two phone calls he made to Raffensperger and his staff in the weeks after the election.
During those calls, Graham asked about “reexamining certain absentee ballots cast in Georgia in order to explore the possibility of a more favorable outcome for former President Donald Trump,” Willis wrote in a petition seeking to compel his testimony.
Graham 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,” she wrote. She said in a hearing last month that Graham may be able to provide insight into the extent of any coordinated efforts to influence the results.
Raffensperger said he took Graham’s question about absentee ballots as a suggestion to toss out legally cast votes. Graham has dismissed that interpretation as “ridiculous.” Graham has also argued that the call was protected because he was asking questions to inform his decisions on voting to certify the 2020 election and future legislation.
Lower courts already have told Willis that she “may not ask about any investigatory conduct,” which is protected under the Constitution.
The justices wrote Tuesday that their intervention is unnecessary because the courts “have held that Senator Graham may not be questioned about such activities.”