A federal judge on Monday ruled that Sen. Lindsey Graham (R-S.C.) must comply with a special grand jury subpoena from the Fulton County district attorney, who's investigating former President Trump's efforts to pressure Georgia officials into overturning the state's 2020 election results.
U.S. District Judge Leigh Martin May denied Graham’s motion to comply with the subpoena, rejecting his arguments that he has testimonial immunity from state judicial proceedings as a federal legislator.
In a 22-page decision, May said the Constitution's Speech or Debate Clause, which shields members of Congress from being compelled to testify in court about their legislative work, does not warrant quashing the subpoena as Graham had requested.
“In sum, the Court finds that there are considerable areas of potential grand jury inquiry falling outside the Speech or Debate Clause’s protections,” May, who was appointed by former President Obama, wrote.
“Additionally, sovereign immunity fails to shield Senator Graham from testifying before the Special Purpose Grand Jury. Finally, though Senator Graham argues that he is exempt from testifying as a high-ranking government official, the 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.”
Graham quickly vowed to appeal the ruling.
“The Constitution’s Speech or Debate Clause prevents a local official from questioning a Senator about how that Senator did his job," Graham's office said in a statement. "Here, Senator Graham was doing his due diligence before the Electoral Count Act certification vote — where he voted to certify the election. Although the district court acknowledged that Speech or Debate may protect some of Senator Graham’s activities, she nevertheless ignored the constitutional text...