A federal appeals court on Sunday granted Sen. Lindsey Graham (R-S.C.) a reprieve, blocking a subpoena ordering him to testify before a Georgia grand jury probing former President Trump’s alleged interference into the 2020 election.
A three-judge panel with the 11th Circuit Court of Appeals temporarily paused the subpoena, sending the case back to a district court to decide whether it should be partially quashed or modified, according to The Associated Press.
The panel agreed with Graham’s argument that the Constitution’s Speech and Debate Clause —which shields congressional members from testifying about legislative matters related to their work — prevents him from appearing before a grand jury in Fulton County.
The circuit court asked a U.S. District Court judge to look at whether the subpoena needs to be modified based on the Speech and Debate Clause.
Graham had been set to appear before the special grand jury on Tuesday following a decision from a U.S. District Court that rejected his request to quash the subpoena and forced the senator to testify in the interest of not delaying the investigation. The U.S. District Court judge also ruled that Graham does not have testimonial immunity based on the Speech and Debate Clause.
Graham appealed to the circuit court and on Sunday won his first victory in the legal wrangling since being called to testify last month about phone calls he allegedly had with state election officials after the 2020 election.
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A three-judge panel with the 11th Circuit Court of Appeals temporarily paused the subpoena, sending the case back to a district court to decide whether it should be partially quashed or modified.https://t.co/u2Ur9odd0k
— The Hill (@thehill) August 21, 2022
Judge sets timeline for motions regarding Graham Georgia grand jury subpoena https://t.co/5U5xG5qiKf pic.twitter.com/d3JYKUpfLu
— The Hill (@thehill) August 22, 2022
……..Graham has argued the clause, which shields congressional members from testifying about legislative matters related to their work, protects him from being forced to testify.
The district judge on Monday gave Graham until 9 a.m. on Wednesday to file a motion explaining what information or questions he wants the court to address in an order partially quashing the subpoena.
After Graham’s motion, the Fulton County District Attorney’s Office — which has been leading the probe — will have until Monday at 9 a.m. to file its response. Graham will subsequently have two days to reply to the district attorney’s response.
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