Supreme Court rejects Lindsey Graham’s request to Georgia testimony - The Washington Post

Graham had claimed that his actions were morganatic legislative enactment protected by the Constitution’s “speech oregon statement clause” and that helium was protected from disclosing them to a expansive jury.

But Tuesday’s unsigned bid said little courts already had protected him from questioning that related to his authoritative duties.

“The little courts assumed that the informal investigative fact-finding that Senator Graham assertedly engaged successful constitutes legislative enactment protected by the Speech oregon Debate Clause … and they held that Senator Graham whitethorn not beryllium questioned astir specified activities,” the bid said.

“The little courts besides made wide that Senator Graham whitethorn instrumentality to the District Court should disputes originate regarding the exertion of the Speech oregon Debate Clause immunity to circumstantial questions. Accordingly, a enactment oregon injunction is not indispensable to safeguard the Senator’s Speech oregon Debate Clause immunity.”

The Fulton County peculiar expansive assemblage investigating alleged 2020 statesmanlike predetermination interference by Trump and his allies has called for the legislator to attest by Nov. 17. Jurors already person heard grounds from respective Trump lawyers, including Rudy Giuliani, John Eastman and Boris Epshteyn. A justice has besides ruled that erstwhile White House main of unit Mark Meadows indispensable testify.

Fulton County District Attorney Fani Willis (D) wants to question Graham 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.

The senator’s lawyers person said that they person been informed that Graham is simply a witnesser successful — and not a people of — the probe. Graham’s lawyer Donald F. McGahn told the Supreme Court that Graham is immunized by the Constitution and that without a stay, “Sen. Graham volition endure the precise wounded helium is appealing to prevent: being questioned successful authorities tribunal astir his legislative enactment and authoritative acts.”

Last month, a territory tribunal justice said prosecutors could not question Graham astir portions of his 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.

A three-judge sheet of the U.S. Court of Appeals for the 11th Circuit agreed that those actions “could not suffice arsenic legislative activities nether immoderate knowing of Supreme Court precedent.” Two of the judges were nominated by Trump.

Willis had warned the Supreme Court that if Graham is allowed to debar grounds entirely, the expansive assemblage “will beryllium foreclosed indefinitely from pursuing unsocial information, analyzing immoderate resulting evidence, oregon utilizing the Senator’s grounds to research further routes of valid inquiry.” It is scheduled to reason its enactment by April.

Tom Hamburger contributed to this report.