A federal judge has thrown out an attempt by Senator Lindsey Graham (R-SC) to stop a subpoena in Georgia, Politico reports.
The subpoena compels Graham to testify to a grand jury in Atlanta investigating the actions of former President Trump in 2020.
U.S. District Court Judge Leigh Martin May wrote in the order, “[T]he Court finds that the District Attorney has shown extraordinary circumstances and a special need for Senator Graham’s testimony on issues relating to alleged attempts to influence or disrupt the lawful administration of Georgia’s 2022 elections.”
The judge continued, “Senator Graham has unique personal knowledge about the substance and circumstances of the phone calls with Georgia election officials, as well as the logistics of setting them up and his actions afterward. And though other Georgia election officials were allegedly present on these calls and have made public statements about the substance of those conversations, Senator Graham has largely (and indeed publicly) disputed their characterizations of the nature of the calls and what was said and implied. Accordingly, Senator Graham’s potential testimony on these issues … are unique to Senator Graham.”
Senator Graham’s office said that he plans to appeal to the 11th Circuit Court of Appeals, citing Supreme Court precedent in his favor.
Graham specifically cited the “speech or debate” clause of the US Constitution. Graham argues that he is protected from question about his official duties. and the election process calls could be considered official business.
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