Graham Asks Supreme Court To Intervene in Georgia Election Probe

COLUMBIA, South Carolina — Senator Graham on Friday asked the Supreme Court to intervene after a lower court ordered him to testify before a special grand jury in Georgia investigating whether President Trump and others illegally tried to influence the 2020 election in the state.In a filing with the court, attorneys for Mr. Graham, a top ally of Mr. Trump’s, sought to halt his possible testimony while he continues to appeal the order to appear before the Fulton County special grand jury.Mr. Graham’s office described the South Carolina Republican’s filing as an attempt “to defend the Constitution and the institutional interest of the Senate.” The lower court’s ruling, Mr. Graham’s office said, “would significantly impact the ability of senators to gather information in connection with doing their job.”The legal move is the latest in Mr. Graham’s ongoing fight to prevent his testimony in a case that has ensnared allies and associates of the former president. Some have already made their appearances before the special grand jury, including the former New York mayor and Trump attorney, Rudolph “Rudy” Giuliani — who’s been told he could face criminal charges in the probe — as well attorneys John Eastman and Kenneth Chesebro, and former White House counsel Pasquale “Pat” Cipollone.Paperwork has been filed seeking testimony from others, including the former White House chief of staff, Mark Meadows, the former national security adviser, General Michael Flynn, and Speaker Gingrich.Mr. Graham, a four-term senator who last won reelection in 2020, was first subpoenaed in July by the Fulton County district attorney, Fani Willis, who opened her investigation shortly after a recording of a January 2021 phone call between Mr. Trump and the Georgia secretary of state, Bradford “Brad” Raffensperger, was made public. In that call, Mr. Trump reportedly suggested Mr. Raffensperger could “find” the votes needed to overturn his narrow loss to President Biden.Ms. Willis wants to question Mr. Graham about two phone calls he made to Mr. Raffensperger and his staff in the weeks after the election.During those calls, Mr. 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,” Ms. Willis wrote in a petition seeking to compel his testimony.Mr. 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 Mr. Graham may be able to provide insight into the extent of any coordinated efforts to influence the results.Mr. Raffensperger said he took Mr. Graham’s question about absentee ballots as a suggestion to toss out legally cast votes. Mr. Graham has dismissed that interpretation as “ridiculous.” Mr. 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.Mr. Graham challenged his subpoena in federal court, but a judge refused to toss it out. He then appealed to the riders of the 11th Circuit of the United States Court of Appeals. A three-rider panel ruled Thursday in favor of Ms. Willis. Mr. Graham could appeal to the full court.Mr. Graham’s lawyers argued that the Constitution’s speech or debate clause, which protects members of Congress from having to answer questions about legislative activity, shields him from having to testify.The Supreme Court has held that the protections of that clause apply in cases lawmakers where are “acting in the sphere of legitimate legislative activity.”Mr. Graham is represented by the former White House counsel Donald “Don” McGahn, who was involved in a lengthy court fight over a congressional subpoena for his own testimony related to special counsel Robert Mueller’s investigation of Russian interference in the 2016 election. After years of back-and-forth, the two sides reached an agreement and Mr. McGahn answered investigators’ questions in a private session.Mr. Graham’s filing Friday was directed to Justice Clarence Thomas, who handles emergency appeals from Georgia and several other Southern states. Justice Thomas can act on his own or refer the matter to the full court.

Graham Asks Supreme Court To Intervene in Georgia Election Probe

Graham Asks Supreme Court To Intervene in Georgia Election Probe

More from the New York Sun

The Long Hangover of the Roaring Eighties

Trump and Mamdani To Parley at Gracie Mansion Ahead of UN General Assembly Meeting

House Democrats Begin To Believe in a ‘Blue Tsunami’ as Senate Polls Show Tight Races in Traditionally Red, Swing States

The Best Place To Get Away From Detroit Is Detroit

New California Law Aims To Prevent Trump Allies From Deploying Guardsmen Into State

Angelina Jolie’s ‘Without Blood’ Fights On, Largely Unseen

Trump Arch To Act as Drone Warehouse, Military Installation

The Human Brain Is Actually Two Separate Organs, Stanford Study Finds

More from the New York Sun

The Long Hangover of the Roaring Eighties

Trump and Mamdani To Parley at Gracie Mansion Ahead of UN General Assembly Meeting

House Democrats Begin To Believe in a ‘Blue Tsunami’ as Senate Polls Show Tight Races in Traditionally Red, Swing States

The Best Place To Get Away From Detroit Is Detroit

New California Law Aims To Prevent Trump Allies From Deploying Guardsmen Into State

Angelina Jolie’s ‘Without Blood’ Fights On, Largely Unseen

Trump Arch To Act as Drone Warehouse, Military Installation

The Human Brain Is Actually Two Separate Organs, Stanford Study Finds