Supreme Court Justice Clarence Thomas, who is in charge of emergency matters related to Georgia, has temporarily granted Sen. Lindsey Graham’s request to be shielded from testifying in the Georgia election probe.
The Republican senator from South Carolina issued a request to Thomas on Friday to put a stay on a lower court decision requiring him to testify before a Fulton County grand jury in the investigation into alleged interference from pro-Trump officials following the 2020 presidential election. The request followed the 11th U.S. Circuit Court of Appeals’ decision that Graham could be questioned with certain stipulations.
Court documents filed by Graham’s attorneys on Friday argued that constitutional protections for lawmakers should prevent him from being compelled to comply with a subpoena issued by Fulton County District Attorney Fani Willis.
Willis has been seeking details about phone calls between Graham and Georgia Secretary of State Brad Raffensperger, and his staff, following the 2020 election.
“Without a stay Senator Lindsey Graham will be questioned by a local Georgia prosecutor and her ad hoc investigative body about his protected ‘speech or debate’ related to the 2020 election,” wrote Graham’s lawyers.
Over the weekend the court requested a response from Fulton County by Thursday, meaning the issue is likely to be taken up by the Supreme Court.
Justice Thomas can review the request himself or can submit it to the full Supreme Court.
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