Graham Loses Bid To Avoid Testifying In Front of Grand Jury in Georgia Election Investigation

A federal judge in Georgia has refused Senator Lindsey Graham’s request that he be excused from testifying in front of a grand jury investigating interference in the 2020 presidential election in the state.

Graham has been attempting to use the Speech or Debate Clause to avoid testifying, but Judge Leigh Martin May ruled that Fulton County District Attorney Fani Willis has “shown extraordinary circumstances and a special need for Senator Graham’s testimony on issues relating to alleged attempts to influence or disrupt the lawful administration of Georgia’s 2020 elections."

The Speech or Debate Clause is in Article 1 of the Constitution. It is designed to shield lawmakers from lawsuits for things they say during legislative actions, such as debating the merits of a bill.

However, May ruled that "The Court finds that there are considerable areas of potential grand jury inquiry falling outside the Speech or Debate Clause’s protections. Additionally, sovereign immunity fails to shield Senator Graham from testifying before the Special Purpose Grand Jury."

Last week, Graham indicated that he is willing to fight against testifying in the case for as long as he can. “We will go as far as we need to go and do whatever needs to be done to make sure that people like me can do their jobs without fear of some county prosecutor coming after you,” the senator said.

While Graham did vote to certify the election, it is his actions after the election but before the certification that seems to be of interest to the court. According to court documents filed in support of the subpoena request, Graham called the office of Georgia Secretary of State Brad Raffensperger after the election, seeking additional reviews of absentee ballots cast in the state.