CNN
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The Supreme Court on Tuesday refused to deny Republican Senator Lindsay Graham a subpoena to testify before an Atlanta special grand jury investigating efforts to overturn the 2020 presidential election in Georgia.
There was no public opposition to the order.
A South Carolina senator has filed an urgent request asking a judge to stay the testimony currently scheduled for Nov. 17, pending legal challenges.
Mr. Graham must appear to testify, but the scope of his testimony and answers may be limited as he has room to object when certain questions are raised.
In an unsigned order, the judge agreed with the lower court – noting that Graham cannot be asked to speak specifically on matters related to his legislative role. , said that if a dispute arises regarding a particular question, the senator’s attorneys can challenge the question on a case-by-case basis.
“Therefore,” the Supreme Court said, “no suspension or injunction is necessary to protect a senator’s speech or debate clause exemption.”
This could give Graham more leeway to challenge questions and demands from the grand jury.
Graham argued that his testimony was precluded by the Speech or Debate Clause of the Constitution, which protects lawmakers from certain criminal or civil actions related to legislative mandates, so he did not have to follow the subpoena.
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Critics feared that if Graham prevailed in the Supreme Court, other members of Congress would make similar allegations to defend themselves against testimony. For any speech or debate in the House of Commons,” it reads, members of Congress “should not be questioned elsewhere.”
Fulton County District Attorney Fanny Willis said she wanted to question Graham, who called Georgia election officials after the 2020 election. characterizes it as being done to facilitate lawful legislative action aimed at informing him of future certification decisions.
Last week, Judge Clarence Thomas, who oversees the lower courts involved in the case, temporarily blocked testimony. Thomas’ move was an administrative suspension most likely issued to give Supreme Court judges time to consider the dispute.
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Willis said the individuals on the call, Graham said on the phone, need Georgia Secretary of State Brad Ravensperger to destroy certain ballots or adopt procedures to change the state’s election results. He claimed to have publicly understood that he was suggesting or implying that
Willis is spearheading a special grand jury investigation into efforts affiliated with Trump to manipulate the outcome of the 2020 election in Georgia. Her investigation recently secured grand jury testimony of former US Senator Kelly Leffler of Georgia and former White House attorney Pat Cipollone, CNN reported last month.
This story has been updated with additional details.