On Thursday, a unanimous three-judge panel of the U.S. Court of Appeals for the 11th Circuit rejected Graham’s attempt to block a subpoena from Fulton County District Attorney Fani Willis (D) in which the lawmaker alleged a sitting senator is protected from testifying in such investigations. A district court judge had said Graham must appear, but limited the range of questions prosecutors can ask. Without suspending the lower court rulings, Graham’s attorney, Donald F. McGann, told the Supreme Court: “Sen. Graham will suffer the exact injury he seeks to prevent: being tried in state court for his legislative activity and official acts.” McGahn, a former Trump adviser, asked Judge Clarence Thomas, the judge assigned to hear emergency appeals from the 11th Circuit, for at least a temporary stay. He said Graham could be called to testify “in less than a month.” Thomas could respond to the request alone or refer the matter to the full court. The classified Mar-a-Lago documents had sensitive secrets about Iran, China The Atlanta grand jury investigating alleged interference in the 2020 presidential election has already heard testimony from several of Trump’s lawyers, including Rudy Giuliani, John Eastman and Boris Epstein. Willis also wants to question former White House chief of staff Mark Meadows. Graham will be called to testify about calls he made to Georgia election officials shortly after Trump lost the election to Joe Biden. Prosecutors say Graham has “unique knowledge” of the Trump campaign and its “multistate, coordinated efforts to influence the outcome” of elections in Georgia and elsewhere. But Graham said his actions were legitimate legislative activities protected by the Constitution’s “speech or debate clause.” The senator’s attorneys said they have been told Graham is a witness — not a target — of the investigation. Last month, a district court judge said prosecutors could not question Graham about parts of the calls that were statutory investigative facts. But the judge said Willis’ team could be investigated for coordination with the Trump campaign in its post-election efforts in Georgia, public statements about the 2020 election and any efforts to “provoke” or “incite” election officials. of Georgia. The status of key investigations involving Donald Trump In its order Thursday, the 11th Circuit panel agreed with the lower court judge that these actions “could not be characterized as legislative activities under any understanding of Supreme Court precedent.” Two of the panel’s three judges were nominated by Trump. Graham can assert his rights, the court noted, if there is a dispute over certain issues. McGahn said the case should not proceed without the Supreme Court. the Debate Clause, “failing to invoke or apply the standard for a stay and not even mentioning sovereign immunity—cries out for reconsideration,” he wrote. McGann said the district attorney can continue the investigation without Graham by questioning “other witnesses who are not immunized by the United States Constitution.”
