Justice Thomas temporarily blocks Graham subpoena from Georgia grand jury

Supreme Court Justice Clarence Thomas connected Monday temporarily halted a subpoena issued by an Atlanta-area expansive assemblage seeking Sen. Lindsey Graham’s grounds successful its probe of efforts to overturn the 2020 predetermination successful Georgia.

Thomas issued an bid that volition enactment the Fulton County court’s subpoena “pending further bid of the undersigned oregon of the Court.” The justice, who supervises the 11th Circuit, handed down the enactment connected his ain — without indicating he’d referred the substance to the afloat tribunal — which typically signals an bid is administrative oregon interim.

The determination comes conscionable a fewer days aft Graham (R-S.C.) asked the Supreme Court connected Friday to intervene successful his combat to artifact the subpoena from the expansive jury, which is seeking his grounds connected telephone calls with Georgia officials successful the aftermath of the election. The legislator stepped up his petition to the precocious tribunal aft a national appeals tribunal connected Thursday unanimously rejected his assertion that helium was constitutionally immune from specified questioning. The Supreme Court gave Fulton County prosecutors until Thursday to respond to the ruling.

The South Carolina Republican’s lawyers had asked that the Supreme Court assistance an exigency enactment truthful that Graham wouldn’t beryllium forced to attest portion the ineligible issues are inactive being sorted out. Thomas’ bid connected Monday volition temporarily hold the Atlanta-based 11th U.S. Circuit Court of Appeals’ proceedings arsenic the precocious tribunal continues to enactment connected Graham’s exertion and his lawyers entreaty the subpoena.

Prosecutors successful the Fulton County probe person sought Graham’s grounds connected a post-2020 predetermination telephone with Georgia Secretary of State Brad Raffensperger, which the legislator has claimed successful tribunal filings was astir legislative fact-finding and would beryllium protected from questioning by the code and statement clause of the Constitution. But Raffensperger has said Graham asked him astir tossing retired ballots during the call.

While Thomas’ bid volition temporarily hold Graham’s forced testimony, it is not the last reply connected his exigency exertion to halt the subpoena. The justice, an appointee of President George H.W. Bush, tin inactive take to assistance Graham’s petition connected his own, but specified high-profile cases are typically referred to the afloat tribunal for action.