Judge: Sen. Graham must testify in Georgia election probe

ATLANTA — A federal choose on Monday mentioned U.S. Sen. Lindsey Graham should testify earlier than a particular grand jury in Atlanta that is investigating whether or not then-President Donald Trump and his allies broke any legal guidelines whereas attempting to overturn his slim 2020 basic election loss within the state.

Attorneys for Graham, R-S.C., had argued that his place as a U.S. senator offered him immunity from having to look earlier than the investigative panel and requested the choose to quash his subpoena. However U.S. District Decide Leigh Martin Could wrote in an order Monday that immunities associated to his position as a senator don’t shield him from having to testify. Graham’s subpoena instructs him to look earlier than the particular grand jury on Aug. 23, however he’s anticipated to enchantment the choose’s ruling.

Fulton County District Legal professional Fani Willis opened the investigation final yr, and a particular grand jury with subpoena energy was seated in Could at her request. Final month she filed petitions searching for to compel testimony from seven Trump advisers and associates.

Prosecutors have indicated they wish to ask Graham about telephone calls they are saying he made to Georgia Secretary of State Brad Raffensperger and his workers within the weeks following Trump’s election loss to Democrat Joe Biden.

Graham had argued {that a} provision of the Structure offers absolute safety in opposition to a senator being questioned about legislative acts. However the choose discovered there are “appreciable areas of potential grand jury inquiry” that fall outdoors that provision’s scope. The choose additionally rejected Graham’s argument that the precept of “sovereign immunity” protects a senator from being summoned by a state prosecutor.

Graham additionally argued that Willis, a Democrat, had not demonstrated extraordinary circumstances essential to compel testimony from a high-ranking official. However the choose disagreed, discovering that Willis has proven “extraordinary circumstances and a particular want” for Graham’s testimony on points associated to alleged try and affect or disrupt the election in Georgia.

Could, the choose, final month rejected an analogous try by U.S. Rep. Jody Hice, R-Ga., to keep away from testifying earlier than the particular grand jury. Former New York mayor and Trump lawyer Rudy Giuliani had argued he could not journey to Atlanta to testify due to well being points, however Fulton County Superior Court docket Decide Robert McBurney, who’s overseeing the particular grand jury, instructed him to look on Wednesday.

A Graham spokesperson, Kevin Bishop, mentioned Monday the senator had no remark however referred to what Graham mentioned when requested in regards to the probe final week. Throughout a information convention in Columbia, S.C., Graham mentioned, “We’ll take this so far as we have to take it” when requested about his efforts to battle his subpoena.

“I used to be chairman of the Senate Judiciary Committee and needed to vote on certifying an election,” Graham advised reporters. “That is ridiculous. This weaponization of the regulation must cease. So I’ll use the courts. We’ll go so far as we have to go and do no matter must be finished to ensure that individuals like me can do their jobs with out concern of some county prosecutor coming after you.”

In calls made shortly after the 2020 basic election, Graham “questioned Secretary Raffensperger and his workers about reexamining sure absentee ballots solid in Georgia with a view to discover the potential for a extra favorable consequence for former President Donald Trump,” Willis wrote in a petition.

Graham additionally “made reference to allegations of widespread voter fraud within the November 2020 election in Georgia, per public statements made by identified associates of the Trump Marketing campaign,” she wrote.

Republican and Democratic state election officers throughout the nation, courts and even Trump’s lawyer basic discovered there was no proof of any voter fraud enough to have an effect on the result of his 2020 presidential election loss.

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Related Press author Meg Kinnard in Columbia, S.C., contributed reporting.