Politico reports that Sen. Lindsey Graham (R-SC) has just asked the U.S. Supreme Court to block a subpoena that he received as part of the ongoing investigation into efforts to overturn the results of the 2020 presidential election in Georgia.
Graham made the request on Friday. The Supreme Court has yet to respond.
What’s going on?
A grand jury investigation is taking place in Fulton County, Georgia, regarding efforts to overturn the results of the 2020 presidential election. And, as part of this investigation, Graham has been asked to testify.
Graham, in fact, has been subpoenaed to testify about phone calls that he had with Georgia officials following the 2020 election.
Graham has been fighting the subpoena. He claims that the Speech or Debate clause of the U.S. Constitution makes him immune from such a subpoena. For those unfamiliar with the Speech or Debate clause, it makes U.S. Congress members immune from civil and criminal liability that may result from a Congress member’s official legislative actions.
On Thursday, the Atlanta-based 11th U.S. Circuit Court of Appeals ruled against Graham, rejecting the idea that the Speech or Debate clause immunizes Graham from providing testimony in this situation.
This ruling caused Graham to turn to the U.S. Supreme Court.
The latest
On Friday, Graham filed an emergency request with the U.S. Supreme Court, asking the court to block the enforcement of the subpoena, while he appeals the 11th circuit’s ruling.
“This Court’s action is necessary to allow this appeal to be heard before it becomes moot –before, that is, Senator Graham suffers the constitutional injury this appeal is meant to avoid,” the request reads.
In the filing, Graham, once again, makes the case for why the Speech or Debate clause ought to apply to this situation, arguing that the information that he received on the phone calls was necessary for an “impending vote on certifying the election.”
Graham further argued, among other things, that as the chairman of the Senate Judiciary Committee, he had the duty to review “election-related issues.”
We should soon find out whether the Supreme Court grants Graham’s request. Justice Clarence Thomas, who oversees the relevant areas of the country, is expected to refer the matter to the full court for a decision.