Graham seeks to quash grand jury subpoena in Trump Georgia probe

Sen. Lindsey Graham (R-S.C.) is asking a federal court to quash a grand jury subpoena for his testimony in the Fulton County district attorney’s investigation into former President Trump’s efforts to undermine Georgia's election results.

Graham intends to ask a federal judge to quash the subpoena on the grounds that he cannot be compelled to testify because his conversations with state officials were part of his official conduct as a legislator, according to copies of the filings provided to The Hill by Graham's lawyers.

“Senator Graham’s contact with Georgia officials referenced in the Certificate falls within the ‘legislative sphere’ because it was to gather information relevant to his oversight responsibilities as Chairman of the Senate Judiciary Committee and given his obligations under the Electoral Count Act of 1887,” the filing reads.

Fox News first reported Graham’s motion in federal court.

A local judge in Georgia ordered Graham this week to testify before the grand jury convened by Fulton County District Attorney Fani Willis (D) about his communications with state elections officials following the 2020 election.

But the South Carolina Republican is arguing the Constitution prohibits state judicial proceedings from compelling the testimony of a federal legislator if it relates to his official conduct.

Through his attorneys, Graham also denied taking any steps to try to undermine Georgia’s election results, saying his conversations with state officials were about the security of absentee voting. 

“Senator Graham did not inject himself into Georgia’s electoral process, and never tried to alter the outcome of any election,” the court filing reads. “The conversation was about absentee ballots and Georgia’s procedures.”