ATLANTA — Fulton County prosecutors pushed back Friday against U.S. Sen. Lindsey Graham, R-S.C., who is seeking to delay his testimony before the special purpose grand jury studying interference in Georgia’s 2020 elections as he appeals a recent ruling from a federal judge.
The District Attorney’s office argued in a new federal court filing that postponing Graham’s appearance would “significantly harm” the grand jury.
“Given the possibility that Senator Graham’s testimony could reveal additional routes of inquiry, (delaying) his appearance at this stage could ultimately delay the resolution of the entire investigation,” District Attorney Fani Willis wrote.
Graham’s lawyers on Wednesday asked U.S. District Court Judge Leigh Martin May to block the senator’s testimony, currently scheduled for Aug. 23, until his appeal is considered by the 11th U.S. Circuit Court of Appeals.
“Senator Graham will suffer irreparable harm if forced to appear before his appeal concludes,” his team’s motion said.
On Monday, May rejected Graham’s attempt to quash his subpoena, ruling that prosecutors had “shown extraordinary circumstances and a special need for Senator Graham’s testimony on issues relating to alleged attempts to influence or disrupt the lawful administration of Georgia’s 2022 elections.”
Prosecutors are interested in questioning Graham about two phone calls he placed to Georgia Secretary of State Brad Raffensperger and his office in late 2020, in which the two parties discussed mail-in ballots. They also want to see how much the Republican’s efforts might have been coordinated with the Trump campaign’s.
Willis’ filing on Friday said Graham’s testimony is being sought “not simply because he possesses necessary and material information but also because he is expected to provide information regarding additional sources of relevant information.”
“As a result, delaying the Senator’s testimony would not simply postpone his appearance,” Willis wrote, “it would also delay the revelation of an entire category of relevant witnesses or information, each of whom would require additional time and resources to secure on behalf of the” grand jury.
Graham’s attorneys had argued the senator, a close confidante of former President Donald Trump, was shielded from testifying due to several federal doctrines, including the Constitution’s “Speech or Debate” clause and sovereign immunity.
On Thursday, Fulton Superior Court Judge Robert McBurney, who is overseeing the grand jury, announced that he would hear a subpoena challenge from Gov. Brian Kemp on Aug. 25.
The Republican governor filed a motion to quash his subpoena earlier this week, detailing a breakdown in communications between his aides and the Fulton DA’s office. Kemp cited sovereign immunity, attorney-client and executive privilege and the upcoming November elections as reasons why his testimony should be blocked — or at least delayed until later in the year.
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