Wednesday, November 2, 2022

SCOTUS Clears Way for Graham Testimony in GA Election Case

The Supreme Court rejected Senator Lindsey Graham's application to halt a lower court ruling requiring him to testify before the special grand jury investigating possible criminal activity surrounding the 2020 general elections in Georgia.

We posted most recently here.

The ruling means that Graham will have to testify, but that he can still raise Speech-or-Debate-Clause immunity in response to particular questions, and bring any disputes back to court.

The order reads,

The lower courts assumed that the informal investigative fact-finding that Senator Graham assertedly engaged in constitutes legislative activity protected by the Speech or Debate Clause . . . and they held that Senator Graham may not be questioned about such activities. The lower courts also made clear that Senator Graham may return to the District Court should disputes arise regarding the application of the Speech or Debate Clause immunity to specific questions. Accordingly, a stay or injunction is not necessary to safeguard the Senator's Speech or Debate clause immunity.

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