Graham asks Supreme Court to block his Georgia 2020 election testimony - The Washington Post

A territory tribunal justice had said Graham indispensable appear, but narrowed the scope of questions that prosecutors tin ask.

Without a enactment of the little courts’ rulings, Graham’s lawyer, Donald F. McGahn, told the Supreme Court, “Sen. Graham volition endure the precise wounded helium is appealing to prevent: being questioned successful authorities tribunal astir his legislative enactment and authoritative acts.”

McGahn, a erstwhile counsel to Trump, asked Justice Clarence Thomas, the justness designated to perceive exigency requests from the 11th Circuit, for astatine slightest a impermanent stay. He said Graham could beryllium required to attest “in little than a month.”

Thomas could enactment connected the petition connected his ain oregon notation the substance to the full court.

The Atlanta expansive assemblage investigating alleged 2020 statesmanlike predetermination interference has already heard grounds from respective Trump lawyers, including Rudy Giuliani, John Eastman and Boris Epshteyn. Willis besides wants to question erstwhile White House main of unit Mark Meadows.

Graham would beryllium asked to attest astir calls helium made to Georgia predetermination officials soon aft Trump mislaid the predetermination to Joe Biden. Prosecutors accidental Graham has “unique knowledge” astir the Trump run and the “multistate, coordinated efforts to power the results” of the predetermination successful Georgia and elsewhere.

But Graham has said his actions were morganatic legislative enactment protected by the Constitution’s “speech oregon statement clause.” The senator’s lawyers person said that they person been informed that Graham is simply a witnesser — and not a people — of the investigation.

Last month, a territory tribunal justice said prosecutors could not question Graham astir portions of the calls that were legislative fact-finding. But the justice said Willis’s squad could research coordination with the Trump run successful its post-election efforts successful Georgia, nationalist statements regarding the 2020 predetermination and immoderate efforts to “cajole” oregon “exhort” Georgia predetermination officials.

In its bid Thursday, the 11th Circuit sheet agreed with the little tribunal justice that those actions “could not suffice arsenic legislative activities nether immoderate knowing of Supreme Court precedent.” Two of the 3 judges connected the sheet were nominated by Trump.

Graham whitethorn inactive asseverate his rights, the tribunal noted, if determination is simply a quality astir definite questions.

McGahn said the lawsuit should not proceed without the Supreme Court weighing in. “The territory court’s refusal to quash oregon astatine slightest enactment this impermissible questioning—and the Eleventh Circuit’s cursory acquiescence, portion misquoting the ‘Speech or Debate Clause,’ failing to invoke oregon use the modular for a stay, and without truthful overmuch arsenic mentioning sovereign immunity—cries retired for review,” helium wrote.

McGahn said the territory lawyer tin proceed the probe without Graham by questioning “other witnesses who are not immunized by the United States Constitution.”