Lindsey Graham will have to testify about alleged efforts to overturn 2020 election results after all, after the Supreme Court on Tuesday rejected his request to block a subpoena ordering him to appear in front of a grand jury.
A Georgia prosecutor is investigating phone calls Graham made to election officials in the state, which went for President Joe Biden during the election in a major upset. The 11th U.S. Circuit Court of Appeals unanimously denied the South Carolina senator’s claim of constitutional immunity from the investigation.
Graham had argued the Constitution’s speech and debate clause, which grants members of Congress protections while performing their duties, shielded his actions surrounding the election.
The senator filed an emergency request with the Supreme Court, and on October 24, Justice Clarence Thomas did Graham a solid, issuing a temporary stay on the subpoena. (Meanwhile, Thomas’ wife Ginni Thomas is also being investigated for allegedly trying to reject the election results.)
The Fulton County investigation began in February 2021, spurred in part by former President Donald Trump’s plea to Georgia Secretary of State Brad Raffensperger to “find 11,780 votes,” the number of votes Trump needed to win Georgia.
The probe has since investigated and subpoenaed dozens of witnesses including Mark Meadows, Rudy Giuliani, Newt Gingrich, and Michael Flynn. Giuliani, along with 16 Republicans who falsely claimed to be Georgia electors, could face criminal charges.
In a win for those who realize the 2020 election was not rigged, a federal judge on Tuesday also threw out former White House Chief of Staff Meadows’ challenge to a subpoena from the House committee investigating the January 6 attack.
The Supreme Court’s decision is a relief considering it has issued several temporary stays seemingly in favor of former Team Trump in the past week.
Chief Justice John Roberts temporarily halted the release of Trump’s tax returns earlier Tuesday, and Justice Elena Kagan last week temporarily blocked a subpoena from the House January 6 investigative committee for phone and text records of Arizona Republican Party Chair Kelli Ward.