December 3, 2023

Senator Lindsey Graham’s lawyers say he will not comply with a subpoena issued to him as part of a grand jury investigation in Fulton County, Georgia, into former President Donald Trump’s bid to overturn Joe Biden’s 2020 election victory in Peach State.

In a statement submitted to independent, Attorneys Bart Daniel and Matt Austin say Fulton County investigators told them Mr Graham was “merely a witness” and “neither the subject nor the target of the investigation” but dismissed the Fulton County investigation as “all politics”.

Lawyers also accused Ms Willis of conducting a “fishing trip” and “acting in coordination with the January 6 commission in Washington.”

“Any information from an interview or testimony with Senator Graham will be made available to the January 6 Committee immediately,” the lawyers said, though they did not provide any evidence to support their allegations. By law, grand jury investigations are confidential and prosecutors could face severe penalties if they disclose information under unauthorized circumstances.

“Senator Graham was within his rights to discuss processes and procedures related to the administration of elections with state officials,” they said. “If that were the case, today’s subpoena would undermine the constitutional balance of power and a member of Congress’ ability to do his job.”

They added that Mr Graham “plans to go to court and challenge the subpoena and expects it to prevail”.

It is not clear on what basis Mr Graham can challenge the grand jury subpoena, which was approved by a Georgia judge who found Mr Graham had a December 2020 phone call with Georgia Secretary of State Brad Ravensberger, requesting that the South Carolina Senator Supreme elections in Georgia. Responsible for “re-examining some of the absentee ballots cast in Georgia in order to explore the possibility of a more favorable outcome” for Mr Trump, the first Republican candidate to lose electoral votes to Peach State since then-Arkansas Governor Bill Clinton defeated George HW Bush in the 1992 presidential elections.

Although the “Speech or Debate” clause of the United States Constitution—which states that members of the House and Senate “shall not be questioned elsewhere” for “any speech or discussion in either House”—has been interpreted to give members and their employees Immunity from prosecution or civil suits for acts done as part of their official duties, Mr. Graham’s call to Mr. Ravensberger was not made in any official capacity.

Spokespersons for Ms. Willis and a House Select Committee Jan. 6 did not immediately respond to requests for comment from independent.

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