Appeals court rules Lindsey Graham must testify in Georgia election probe
CBSDec 22, 2022
The Facts
On Monday, Justice Clarence Thomas granted a stay of a lower court's rulings regarding the subpoena of Sen. Lindsey Graham (R-S.C.) in the ongoing 2020 Georgia election probe. Graham’s subpoena ordered him to testify Nov. 17, but his lawyers are trying to ensure his appeal is heard — this action will give more time for SCOTUS to consider Graham's petition.
Last week, a panel of the 11th Circuit US Court of Appeals ruled that Graham must testify before a Georgia special grand jury regarding possible interference in certifying Biden’s victory in the 2020 election. Fulton County DA Fani Willis has been investigating alleged election tampering after a recording of a phone call between Trump and Georgia Sec. of State Raffensperger surfaced.
The Spin
Pro-Trump narrative
Graham is being unfairly targeted by Willis’s witch hunt. The Founding Fathers included the Speech or Debate Clause in the Constitution to protect the integrity – something Willis lacks – of the legislative process, and the appeals court has wrongly dismissed this. Assuming Graham appeals, Willis’s grand jury will be exposed for what it really is: the self-promotional tool she’s using to score political points.
Democratic narrative
Despite having no legal leg to stand on, Graham has fought with every available resource to avoid testifying — a desperate effort that has gotten him nowhere. The DA's office has assured him he isn't the target of this investigation, and if he has nothing to hide, why is he putting up such a fight?
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