There are contradicting decisions regarding testimony from a U.S. Senator in the ongoing inquiry into the 2020 election in Fulton County, Georgia.
Republican Senator Lindsay Graham of South Carolina made phone calls affecting the state of Georgia and claims that the conversations are protected by the constitution.
The senator insists that making the calls was part of his duties as a congressman.
The senator’s legal counsel claimed that because his calls were legislative, they were shielded.
Officials from Fulton County claim that the calls may be relevant to the investigation into alleged attempts to tamper with the results of the 2020 presidential election.
The subpoena that Senator Graham received to appear and speak about information that he claims is protected was disputed.
According to Politico, a federal appeals court decided late last month that Graham was not need to immediately abide by a subpoena to appear before an Atlanta grand jury.
“The 11th Circuit Court of Appeals blocked the subpoena at Graham’s request after a federal district court judge in Atlanta turned down the South Carolina Republican’s bid to avoid testifying on the grounds that the local grand jury is intruding on legal protections he enjoys as a federal lawmaker.
The appeals court said in a two-page order that Graham’s attorneys and prosecutors for Fulton County District Attorney Fani Willis needed to flesh out arguments about whether Graham is entitled to have the federal courts place legal guardrails on the questioning Graham could face.
The 11th Circuit panel’s order said that those arguments should be presented first to U.S. District Court Judge Leigh Martin May, Graham’s team raised under the Constitution’s speech or debate clause — which immunizes lawmakers from most legal consequences for actions relating to their lawmaking responsibilities.
Investigators have said they want to query Graham about two phone calls he had with Georgia election officials in late 2020, at the same time Trump was attempting to subvert his defeat. Graham has acknowledged discussing with the officials the state’s process for counting absentee ballots.”
According to the senator’s legal team, making those calls was part of his job as a legislator to gather information.
“Senator Graham did not inject himself into Georgia’s electoral process, and never tried to alter the outcome of any election. The conversation was about absentee ballots and Georgia’s procedures,” according to a court document filed by his counsel.
The 11th Circuit of Appeals’ decision as well as Graham and his attorneys’ constitutionally grounded arguments were both rejected by District Judge Leigh Martin May in a decision last week.
Graham would have to provide a testimony, according to Judge May, who was appointed by Obama.
According to Judge May’s statement from last week, “Senator Graham has unique personal knowledge about the substance and circumstances of the phone calls with Georgia election officials, as well as the logistics of setting them up and his actions afterward.”
More on this story via The Republic Brief:
“And though other Georgia election officials were allegedly present on these calls and have made public statements about the substance of those conversations, Senator Graham has largely (and indeed publicly) disputed their characterizations of the nature of the calls and what was said and implied. Accordingly, Senator Graham’s potential testimony on these issues … are unique to Senator Graham,” she said. CONTINUE READING…