COLUMBIA, S.C. (AP) 鈥� U.S. Sen. Lindsey Graham on Friday to intervene after a before a special grand jury in Georgia investigating whether then-President Donald Trump and others illegally tried to influence the 2020 election in the state.
In a filing with the court, attorneys for Graham, a top ally of Trump's, sought to halt his possible testimony while he continues to appeal the order to appear before the Fulton County special grand jury.
Graham's office described the South Carolina Republican's filing as an attempt 鈥渢o defend the Constitution and the institutional interest of the Senate.鈥� The lower court's ruling, Graham's office said, 鈥渨ould significantly impact the ability of senators to gather information in connection with doing their job.鈥�
The legal move is the latest in to prevent his testimony in a case that has ensnared allies and associates of the former president. Some have already made their appearances before the special grand jury, including former New York mayor and Trump attorney 鈥� who鈥檚 been told he could face criminal charges in the probe 鈥� attorneys and Kenneth Chesebro, and former White House counsel Pat Cipollone.
Paperwork has been filed seeking testimony from others, including former White House chief of staff , former national security adviser and former U.S. House Speaker Newt Gingrich.
Graham, a four-term senator who last won reelection in 2020, was by Fulton County District Attorney Fani Willis, who opened her investigation shortly after a recording of a January 2021 phone call between Trump and Georgia Secretary of State Brad Raffensperger was made public. In that call, Trump suggested Raffensperger could 鈥渇ind鈥� the votes needed to overturn his narrow loss to Democrat Joe Biden.
Willis wants to question Graham about two phone calls he made to Raffensperger and his staff in the weeks after the election.
During those calls, Graham asked about 鈥渞eexamining certain absentee ballots cast in Georgia in order to explore the possibility of a more favorable outcome for former President Donald Trump,鈥� Willis wrote in a petition seeking to compel his testimony.
Graham also 鈥渕ade reference to allegations of widespread voter fraud in the November 2020 election in Georgia, consistent with public statements made by known affiliates of the Trump Campaign,鈥� she wrote. She said in a hearing last month that Graham may be able to provide insight into the extent of any coordinated efforts to influence the results.
Raffensperger said he took Graham鈥檚 question about absentee ballots as a suggestion to toss out legally cast votes. Graham has dismissed that interpretation as 鈥渞idiculous.鈥� Graham has also argued that the call was protected because he was asking questions to inform his decisions on voting to certify the 2020 election and future legislation.
Graham challenged his subpoena in federal court, but a judge refused to toss it out. Graham then appealed to the 11th U.S. Circuit Court of Appeals, and a three-judge panel ruled Thursday in favor of Willis. Graham can appeal to the full court.
Graham鈥檚 lawyers argued that the Constitution鈥檚 , which protects members of Congress from having to answer questions about legislative activity, shields him from having to testify.
Graham is represented by former White House counsel Don McGahn, who was involved in a lengthy court fight over a congressional subpoena for his own testimony related to special counsel Robert Mueller's investigation of Russian interference in the 2016 election. After years of back-and-forth, the two sides reached an agreement and McGahn answered investigators' questions in a private session.
Graham's filing Friday was directed to Justice Clarence Thomas, who handles emergency appeals from Georgia and several other Southern states. Thomas can act on his own or refer the matter to the full court.
Trump's lawyers recently submitted a Supreme Court application to Thomas asking the Supreme Court to step into a legal fight over the classified documents seized during an
Thomas has previously come under scrutiny for his vote in a different Trump documents case, in which he was the only member of the court to vote against allowing the House committee investigating the Jan. 6, 2021, Capitol riot to obtain Trump records held by the National Archives and Records Administration.
Thomas鈥� wife, , is a conservative activist and staunch Trump supporter who attended the Jan. 6 鈥淪top the Steal鈥� rally on the Ellipse and wrote to Meadows in the weeks following the election encouraging him to work to overturn Biden鈥檚 victory and keep Trump in office.
She also contacted lawmakers in and in the weeks after the election, though no evidence has emerged that she contacted Georgia officials. Thomas was recently interviewed by the House committee investigating the Jan. 6 insurrection, and she that the 2020 election was fraudulent, despite the fact that numerous federal and local officials, a long list of courts, top former campaign staffers and even Trump's own attorney general have all said there is no evidence of mass fraud.
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Meg Kinnard can be reached at http://twitter.com/MegKinnardAP
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Mark Sherman in Washington contributed to this report.
Meg Kinnard, The Associated Press
