A federal appeals court said Thursday that U.S. Senator Lindsey Graham must appear before a special grand jury examining whether former President Donald Trump and others improperly attempted to influence the 2020 race in Georgia.
The decision by a three-judge panel of the 11th U.S. Circuit Court of Appeals allows Fulton County District Attorney Fani Willis to interrogate Graham. She desires to question the South Carolina Republican over his phone calls to Georgia Secretary of State Brad Raffensperger in the weeks following the election.
Graham reportedly asked Raffensperger if he had the authority to reject certain absentee ballots, which Raffensperger interpreted as a suggestion to throw out legitimately cast votes. Graham deemed this interpretation to be “ridiculous.”
Graham could file an appeal with the entire appellate court. A lawyer for Graham directed comment on Thursday to a spokesman for the senator’s office, which declined to comment immediately on the verdict.
Graham had contested his subpoena, arguing that his status as a senator of the United States exempted him from having to testify in the state investigation. Likewise, he has denied misconduct. The judges concluded in a six-page opinion that Graham “has failed to demonstrate that this strategy will violate his rights under the Free Speech and Debate Clause.”
Willis initiated the probe early last year, shortly after a tape of a phone discussion between Trump and Raffensperger in January 2021 was made public. Trump stated in that call that Raffensperger could “find” the votes necessary to overturn his narrow loss to Democrat Joe Biden.
Willis requested a special grand jury, arguing that the panel’s subpoena authority would permit the interrogation of individuals who would not otherwise comply with the probe. Since then, she has filed numerous documents with the court in an effort to compel the testimony of close Trump advisers and acquaintances.
Former White House attorney Pat Cipollone has reportedly testified before the special grand jury, according to a source familiar with Cipollone’s testimony who talked to The Associated Press on Thursday under the condition of anonymity to discuss a private appearance. CNN initially reported Cipollone’s appearance.
Cipollone fought vehemently efforts to overturn the election and stated that he did not feel there was sufficient fraud to have altered Biden’s victory.
Graham was among the initial set of Trump associates whose testimony Willis sought to compel through a series of petitions filed in early July. In federal court, he contested his subpoena, but U.S. District Judge Leigh Martin May declined to dismiss it. Graham then filed an appeal with the Eleventh Circuit Court of Appeals.
Graham’s attorneys contended that the speech or debate clause of the United States Constitution, which protects members of Congress from having to answer questions about legislative activities, exempts him from having to testify. He claims that his call to Raffensperger was protected since he was inquiring about the 2020 election certification vote and future legislation in order to inform his vote.
The attorneys for Willis stated that Graham’s statements in press interviews at the time and Raffensperger’s statements demonstrate that the senator was driven by politics rather than legislative factfinding.
In addition, they stated that the scope of the special grand jury’s investigation encompasses a number of unrelated matters unrelated to the Raffensperger call. They are also interested in Graham’s briefings by the Trump campaign, particularly if he was briefed on the Trump-Raffensperger call and whether he worked with Trump and his team to reverse election results in Georgia and elsewhere.
Graham’s attorneys also contended that “sovereign immunity” prevents a state prosecutor from summoning a United States senator.
Graham’s attorneys contended that even if the speech or debate clause or sovereign immunity did not apply, his standing as a “high-ranking official” shields him from having to testify. They stated that Willis has failed to demonstrate that his testimony is necessary and that the information he would provide cannot be obtained from another source.
In their Thursday opinion, the appeal judges decided that Willis “may inquire about non-investigatory behavior that fits within the subpoena’s scope” but “may not inquire about any investigative conduct,” noting that Graham might indicate any concerns over specific areas during his questioning.
Others have already appeared in front of the special grand jury. In August, former New York mayor and Trump attorney Rudy Giuliani testified, having been informed that he could face criminal charges in the investigation. John Eastman and Kenneth Chesebro, both attorneys, have also testified before the panel.
Others, including former White House head of staff Mark Meadows, former national security adviser Michael Flynn, and former U.S. House Speaker Newt Gingrich, have been summoned to testify.
Kate Brumback in Atlanta and Eric Tucker in Washington for Associated Press contributed to this story.