WASHINGTON — Sen. Lindsey Graham leaned on a constitutional protection for sitting members of Congress in an effort to keep from testifying before a Georgia grand jury, but legal experts say it’s not clear whether the argument ultimately will work for the South Carolina Republican.
The provision, the Speech or Debate Clause, allows members of Congress to avoid testifying in court about their official actions, among other protections meant to maintain the independence of the legislative branch.
But courts have ruled that the clause has its limits, legal experts said, and that means that Graham’s argument in the case could be a close call.