Supreme Court answers Lindsey Graham’s request to avoid testifying

Bronson Winslow, DCNF

The Supreme Court denied a request from Republican South Carolina Sen. Lindsey Graham Tuesday that would have allowed the senator to override a grand jury subpoena for his alleged interference in the 2020 presidential election.

The Supreme Court order ruled that Graham did not require an injunction to safeguard his speech or debate clause immunity, and could be called to testify as soon as Nov. 17. Graham will be questioned over phone calls he made to Georgia election officials during the 2020 election as part of an investigation by Fulton County District Attorney Fani Willis, according to NBC News.

BREAKING: The Supreme Court DENIES Lindsey Graham’s bid to avoid testifying before a Georgia grand jury as part of the grand jury’s investigation into election interference in that state. There are no recorded dissents. https://t.co/zIVhFaD6PT pic.twitter.com/RWaQNyQRoH

— SCOTUSblog (@SCOTUSblog) November 1, 2022

“The application for stay and an injunction pending appeal presented to Justice Thomas and by him referred to the Court is denied. The order heretofore entered by Justice Thomas is vacated,” the order said.

Graham has argued that the phone calls were made as part of his duties leading up to Congress’s vote to certify the election, NBC reported. On Oct. 20, the 11th U.S. Circuit Court of Appeals rejected Graham’s attempt, despite his claims that the subpoena infringed on the Constitution’s speech and debate clause.

The Speech and Debate Clause prohibits members of Congress from “Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.”

Graham previously skipped a court appearance in August, stating his plan to fight the subpoena in the Supreme Court.

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