An effort to get Sen. Lindsey Graham (R-S.C.) to testify before Georgia’s version of the Jan. 6 committee drew one step closer Tuesday when legal documents were presented stipulating the conditional acceptance of a subpoena.
As the show trial has rolled on in Washington, D.C., individual states have been hashing out their own concerns surrounding the 2020 presidential election. In Fulton County Georgia, that amounted to a grand jury investigating, among other things, whether or not Graham engaged in phone calls with Georgia Secretary of State Brad Raffensperger to reexamine “certain absentee ballots cast in Georgia in order to explore the possibility of a more favorable outcome for former President Donald Trump.”
Graham initially pushed back on Fulton County Superior Judge Robert McBurney who had ordered the senator to testify on Aug. 2, but legal documents submitted Tuesday showed him to be taking a new tact.
“Senator Graham has agreed to accept service of a subpoena for testimony from the Fulton County Special Purpose Grand Jury in Atlanta, Georgia,” the filing read, “without waiving any challenges or any applicable privilege and/or immunity.”
JUST IN: Lindsey Graham has agreed to move any challenges tot he Fulton County, GA subpoena to state or federal court in Georgia, rather than seeking to fight it in South Carolina. pic.twitter.com/WWBZnRnwfk
— Kyle Cheney (@kyledcheney) July 19, 2022
It had been reported that Graham was challenging the grand jury for playing politics and his attorneys stated in part, “Fulton County is engaged in a fishing expedition and working in concert with the January 6 Committee in Washington,” after McBurney had claimed the “court finds that Lindsey Graham is a necessary and material witness.”
Lindsey Graham ordered to testify in Georgia election probe as a material witness https://t.co/1jv0bHm3jt
— American Wire News (@americanwire_) July 12, 2022
Graham’s attorneys had submitted a Motion to Quash in the United States District Court for the District of South Carolina that would, if not freeing him of the legal obligation, see the matter litigated in federal courts in Washington, D.C.
However, the Fulton County District Attorney challenged that motion with her own Motion to Dismiss Monday which explained, “A material witness warrant or subpoena has not been served upon Mr. Graham in South Carolina; thus, there is no case or controversy for this Court to hear. There is no hearing currently scheduled in the 10th Judicial Circuit of South Carolina relating to Mr. Graham being a material witness in Georgia, and there likely will never be a hearing in South Carolina state courts; thus, there is no issue ripe for adjudication.”
This led to the agreement between the DA and the senator’s legal team which detailed, “Willis, acting in her capacity as the legal advisor to the Fulton County Special Purpose Grand Jury, and Senator Lindsey Graham have reached an agreement to withdraw all process and proceedings pending in the United States District Court for the District of South Carolina…and the United States District Court for the District of Columbia…stipulating to the dismissal of any proceedings pending within the geographic scope of those jurisdictions, whether in state or federal court.”
Graham is not alone in facing subpoenas out of Georgia as the grand jury has also sought to subpoena Rudy Giuliani, John Eastman, Kenneth Cheseboro, Cleta Mitchell, Jenna Ellis and Jacki Deason. Additionally, CNBC reported that Rep. Jody Hice (R-Ga.) has taken a similar tactic to Graham in filing a Motion To Quash a subpoena that had been issued to him by the Atlanta federal court.
That may prove to be a precursor to Graham’s next move as the stipulation noted, “The parties agree that any such challenges to the subpoena will be pursued in Fulton County Superior Court and/or the United States District Court for the Northern District of Georgia,” not that the senator would cease challenging the court order.
Additionally, he told CNBC that Fulton County hasn’t “even tried to subpoena me. I just want to get it done.”
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