The Washington Examiner reports that U.S. Supreme Court Justice Clarence Thomas sided with Sen. Lindsey Graham (R-SC) on Monday, ruling that the senator did not have to immediately testify in the Fulton County, Georgia, 2020 election investigation.
The subpoena was issued at the behest of Fulton County District Attorney Fani Willis, a Democrat.
Graham petitioned the U.S. Supreme Court last Friday. The senator requested the Court overrule a subpoena issued by an Atlanta-area special grand jury. The subpoena required Graham to testify as part of an investigation into his alleged efforts to overturn the 2020 presidential election by questioning the integrity of Georgia’s voting process.
Justice Thomas wrote: “Upon consideration of the application of counsel for the applicant, it is ordered that the Aug. 15, 2022 order of the United States District Court for the Northern District of Georgia … is hereby stayed pending further order of Justice Thomas or of the Court,” according to the high Court’s latest proceeding on the case.
Graham had previously sought to block the grand jury’s attempt to force his testimony by bringing the issue to the 11th U.S. Circuit Court of Appeals. Last Thursday, the appeals court denied his motion, forcing him to file an “emergency review” request by the U.S. Supreme Court last Friday.
Thomas was selected to represent the high Court on this matter because he oversees proceedings stemming from the 11th circuit. The justice was asked to make a decision by Oct. 27 — he responded three days early.
The Washington Examiner noted that Graham has maintained his “post-2020 election conversations with Georgia officials were merely legislative activities protected by the speech and debate clause of the Constitution.”
According to paperwork filed with the U.S. Supreme Court, Graham’s attorney, Donald F. McGahn, argued that “Before the Eleventh Circuit will be able to resolve the appeal, and certainly before this Court can review any decision, Graham will suffer the precise injury he is appealing to prevent: being questioned in state court about his legislative activity and official acts.”
Graham also maintains that “a sitting senator has the privilege to be shielded from such types of investigations.”
The integrity of Fulton County’s election process was brought into question when former President Donald Trump accused election officials of manipulating the vote count of the 2020 election to favor Democratic candidates.
