Appeals Court Orders Lindsey Graham to Testify in GA Probe

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Facts

  • On Thursday, a three-judge panel of the 11th Circuit US Court of Appeals unanimously ruled that Sen. Lindsey Graham (R-SC) must testify before a Georgia special grand jury as part of an investigation into possible interference in certifying Biden’s victory in the 2020 election.
  • Fulton County DA Fani Willis has been investigating alleged election tampering since January 2021, after a recording of a phone call between then-Pres. Trump and Georgia Sec. of State Brad Raffensperger surfaced, during which Trump reportedly asked him to “find” votes to turn the election results in his favor.
  • Graham was subpoenaed in July over reports of phone calls he made to Raffensperger, who characterized the calls as an attempt to get legally-cast votes thrown out. Graham called that accusation “ridiculous.”
  • Graham has cited the Speech or Debate clause of the Constitution, which protects Congress members from legal prosecution over statements made during legislative business.
  • The appeals court rejected Graham’s argument, ruling he can’t be questioned about professional communications related to legislative duties, but all other personal conversations are open to inquiry, including the calls to Raffensperger.
  • Although they didn't comment after the ruling, Graham's lawyers previously said they would appeal to SCOTUS if they lost.

Sources: NBC, CBS, New York Post, and FOX News.

Narratives

  • Pro-Trump narrative, as provided Federalist. Graham is being unfairly targeted by Willis’s witch hunt. The Founding Fathers included the Speech or Debate Clause in the Constitution to protect the integrity – something Willis lacks – of the legislative process, and the appeals court has wrongly dismissed this. Assuming Graham appeals, Willis’s grand jury will be exposed for what it really is: the self-promotional tool she’s using to score political points.
  • Democratic narrative, as provided by MSNBC. Despite having no legal leg to stand on, Graham has fought with every available resource to avoid testifying — a desperate effort that has gotten him nowhere. The DA's office has assured him he isn't the target of this investigation, and if he has nothing to hide, why is he putting up such a fight?