Court orders temporary halt of Lindsey Graham testimony in Georgia election probe

Sen. Lindsey Graham won a brief reprieve on Sunday when a federal appeals court put a temporary hold on an order for him to testify in an investigation of possible illegal efforts to overturn the 2020 election results in Georgia.

The South Carolina Republican had been under subpoena to appear on Tuesday before the special grand jury conducting the investigation in Georgia, where former President Donald Trump narrowly lost the presidential contest.

The probe was launched following a Jan. 2, 2021 phone call when Trump suggested Georgia Secretary of State Brad Raffensperger “find” the votes needed to overturn his loss.

Georgia prosecutors want to question Graham about two phone calls they say he made to Raffensperger and his staff, when they say he asked about reexamining absentee ballots “to explore the possibility of a more favorable outcome” for Trump.

The temporary hold comes after legal wrangling over whether Graham’s actions are covered by a clause in the U.S. Constitution that protects members of Congress from being questioned about official legislative acts.

A federal judge who last week denied Graham’s request to quash the subpoena said the Constitution does not protect lawmakers’ actions that are political rather than legislative.

Graham’s attorneys have argued that the calls were part of his legislative duties and that he is protected from having to testify.

His lawyers took the fight to the 11th U.S. Circuit Court of Appeals, which on Sunday issued the temporary hold.

The case now goes back to the federal court to address the constitutional dispute and whether the subpoena should be changed or partially quashed.

Graham’s representatives did not immediately respond to requests of comment on the ruling, and a spokesperson for Georgia’s Fulton County District Attorney declined to comment.

The Georgia prosecutors have said Graham might provide insight into any efforts to influence the state’s election results. In the phone calls, Graham referred to allegations of widespread voter fraud in Georgia, they said.

Election officials across the country as well as the courts and Trump’s attorney general have found no evidence of voter fraud that would have altered the election’s results.

Once the federal judge rules on the constitutional issue, the case heads back to the appeals court for further consideration.

With News Wire Services