Posted on Nov 1, 2022
Supreme Court says Lindsey Graham must testify in grand jury Georgia election probe
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https://www.npr.org/2022/11/01/ [login to see] /supreme-court-lindsey-graham-grand-jury-georgia
The Supreme Court said Tuesday that Sen. Lindsey Graham, R-S.C., must testify before a grand jury in Georgia. He has been subpoenaed for questioning later this month about allegations that then President Donald Trump tried to interfere with Georgia's ballot count after the 2020 election.
Graham filed an emergency request to block the subpoena late last month. Under the Constitution's "Speech or Debate" clause, sitting senators may not be "questioned" about their legislative activity, which protects them from civil and criminal liability in certain circumstances. The purpose of the clause is to shield legislators from unwarranted intrusions on their duties by other branches of government.
Graham argued that the actions he took following the election, which included phone calls to Georgia election officials, were legislative in nature – related to his role as then-chair of the Senate Judiciary Committee. Therefore, he said, he cannot be called to testify about these actions, even just as a witness. He further argued that the principle of "sovereign immunity" shields him from subpoena.
The Supreme Court said Tuesday that Sen. Lindsey Graham, R-S.C., must testify before a grand jury in Georgia. He has been subpoenaed for questioning later this month about allegations that then President Donald Trump tried to interfere with Georgia's ballot count after the 2020 election.
Graham filed an emergency request to block the subpoena late last month. Under the Constitution's "Speech or Debate" clause, sitting senators may not be "questioned" about their legislative activity, which protects them from civil and criminal liability in certain circumstances. The purpose of the clause is to shield legislators from unwarranted intrusions on their duties by other branches of government.
Graham argued that the actions he took following the election, which included phone calls to Georgia election officials, were legislative in nature – related to his role as then-chair of the Senate Judiciary Committee. Therefore, he said, he cannot be called to testify about these actions, even just as a witness. He further argued that the principle of "sovereign immunity" shields him from subpoena.
Supreme Court says Lindsey Graham must testify in grand jury Georgia election probe
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PO1 William "Chip" Nagel
..."At issue in Graham’s subpoena dispute are calls the senator made to Raffensperger and his staff in which prosecutors said the senator asked about “reexamining certain absentee ballots” in the state to “explore the possibility of a more favorable outcome” for Trump.
In an interview last year, Raffensperger told The Washington Post that Graham on one call appeared to be asking him to find a way to set aside legally cast ballots. Graham and his lawyers have strenuously rejected that characterization, saying the senator was gathering information in advance of a vote to certify the election for Biden and to co-sponsor election-related legislation."
..."At issue in Graham’s subpoena dispute are calls the senator made to Raffensperger and his staff in which prosecutors said the senator asked about “reexamining certain absentee ballots” in the state to “explore the possibility of a more favorable outcome” for Trump.
In an interview last year, Raffensperger told The Washington Post that Graham on one call appeared to be asking him to find a way to set aside legally cast ballots. Graham and his lawyers have strenuously rejected that characterization, saying the senator was gathering information in advance of a vote to certify the election for Biden and to co-sponsor election-related legislation."
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