Sen. Graham challenges 2020 Georgia election probe subpoena

ATLANTA — U.S. Sen. Lindsey Graham is challenging a subpoena to testify before a special grand jury that’s investigating whether then-President Donald Trump and others broke any laws when they tried to overturn Joe Biden’s win in Georgia. Graham is seeking to have the challenge to the subpoena heard in federal court in Atlanta rather than before the Fulton County Superior Court judge who’s overseeing the special grand jury. In a court filing last month, Willis, a Democrat, wrote that Graham made at least two telephone calls to Georgia Secretary of State Brad Raffensperger and members of his staff in the weeks after Trump’s loss to Biden, asking about reexamining certain absentee ballots “to explore the possibility of a more favorable outcome for former President Donald Trump.” When he made those calls, Graham “was engaged in quintessentially legislative factfinding — both to help him form election-related legislation, including in his role as then-Chair of the Judiciary Committee, and to help inform his vote to certify the election,” his lawyers wrote in a court filing on Friday. Graham’s lawyers cite a provision of the U.S. Constitution that they say “provides absolute protection against inquiry into Senator Graham’s legislative acts.” They also argue “sovereign immunity” prevents a local prosecutor from summoning a U.S. senator “to face a state ad hoc investigatory body.” And they assert that Willis has failed to demonstrate “the ‘extraordinary circumstances’ necessary to order a high-ranking federal official to testify.” Willis’ office will respond in court and expects Graham to testify before the special grand jury, spokesperson Jeff DiSantis said. U.S. Rep. Jody Hice, a Georgia Republican, filed a federal court challenge similar to Graham’s after he received a subpoena to testify before the special grand jury.