Judge sets timeline for motions regarding Graham Georgia grand jury subpoena

A federal judge on Monday set a series of deadlines for Sen. Lindsey Graham (R-S.C.) and the Fulton County, Ga., district attorney as she considers whether Graham must testify before a grand jury probing whether former President Trump and his allies attempted to interfere with the 2020 election.

A federal appeals court on Sunday temporarily blocked a subpoena ordering Graham to appear, sending the ruling back to the district court to determine whether Graham is entitled to a “partial quashal or modification” of the subpoena under the Constitution’s Speech and Debate Clause.

Graham has argued the clause, which shields congressional members from testifying about legislative matters related to their work, protects him from being forced to testify.

The district judge on Monday gave Graham until 9 a.m. on Wednesday to file a motion explaining what information or questions he wants the court to address in an order partially quashing the subpoena.

After Graham’s motion, the Fulton County District Attorney’s Office — which has been leading the probe — will have until Monday at 9 a.m. to file its response. Graham will subsequently have two days to reply to the district attorney’s response.

U.S. District Court Judge Leigh Martin May last week rejected Graham’s requests to quash or delay the subpoena, arguing that he did not have immunity from testifying under the Speech and Debate Clause.

Fulton County District Attorney Fani Willis (D) has expressed interested in phone conversations between Graham and election officials in Georgia.

The senator reportedly called Georgia Secretary of State Brad Raffensperger (R) to inquire about voter fraud shortly after Election Day in 2020. 

Trump in a now-infamous call later pressured Raffensperger in January 2021 to “find” enough votes to flip the state in his favor after President Biden narrowly won Georgia’s electoral college votes.

Rudy Giuliani, who helped lead efforts to overturn the election, testified before the grand jury on Wednesday after attempting to delay his appearance. His lawyers said days before the appearance that prosecutors identified Giuliani as a target of the probe.