Supreme Court clears way for Graham testimony in Georgia
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.