ATLANTA — A federal appeals court on Sunday put a temporary hold on a decision requiring U.S. Sen. Lindsey Graham to testify before a grand jury investigating plots to overturn Donald Trump’s 2020 presidential election loss in Georgia.
The ruling by the U.S. Court of Appeals for the 11th Circuit is a temporary reprieve for Graham, who has been fighting prosecutors’ efforts to bring him before the grand jury, The New York Times reported.
A subpoena had instructed the South Carolina Republican to appear before the special grand jury on Tuesday, according to The Associated Press.
Breaking News: An appeals court temporarily blocked Lindsey Graham from having to testify in the inquiry on efforts to overturn Donald Trump’s loss in Georgia. https://t.co/Hvqte8SMCG
— The New York Times (@nytimes) August 21, 2022
Graham’s arguments against testifying included his contention that he was exempt under the U.S. Constitution’s speech and debate clause, which prohibits asking lawmakers about their legitimate legislative functions, the Times reported.
U.S. District Judge Leigh Martin May had denied Graham’s request last Monday to quash his subpoena, the AP reported. On Friday, May rejected his effort to put her decision on hold while he appealed.
On Sunday, a three-judge panel sent the case back to May to decide whether the subpoena should be partially quashed or modified because of protections granted to members of Congress by the Constitution.
The appeals court ruled that a federal district court must determine whether Graham is “entitled to a partial quashal or modification of the subpoena to appear before the special purpose grand jury” based on the speech and debate clause issue, the Times reported. When that is determined, the appeals court said it will take up the issue “for further consideration.”
Graham’s lawyers have said that the senator was told by Fulton County prosecutors that he was a witness, and not a target, in the case.
Prosecutors want Graham to testify about his telephone calls to Georgia Secretary of State Brad Raffensperger and his staff in the weeks after the 2020 presidential election, NPR reported.
Graham contends that the calls were part of his duties as chair of the Senate Judiciary Committee, the news outlet reported.
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