Lindsey Graham gets shut down by SCOTUS and must answer to Georgia grand jury

Atlanta, Georgia - The Supreme Court refused to grant Senator Lindsey Graham's request to block a subpoena ordering the politician to testify in front of a grand jury in Georgia.

Lindsey Graham must testify in front of a grand jury in Georgia after the Supreme Court failed to grant the senator's request to block the subpoena.
Lindsey Graham must testify in front of a grand jury in Georgia after the Supreme Court failed to grant the senator's request to block the subpoena.  © Kevin Dietsch / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

On Tuesday, SCOTUS refused to cater to Graham's request for protection by the US' highest court, meaning that the senator must appear before a grand jury to answer questions related to an investigation into former President Donald Trump's attempts to overturn 2020 election results in Georgia.

However, the court did reiterate a lower court's ruling that Graham does not need to answer questions about his actions that are constitutionally protected by the Speech or Debate Clause.

"The lower courts assumed that the informal investigative fact-finding that Senator Graham assertedly engaged in constitutes legislative activity protected by the Speech or Debate Clause ... and they held that Senator Graham may not be questioned about such activities. The lower courts also made clear that Senator Graham may return to the District Court should disputes arise regarding the application of the Speech or Debate Clause immunity to specific questions. Accordingly, a stay or injunction is not necessary," the order read.

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Graham was initially ordered to testify in front of a grand jury as part of Fulton County District Attorney Fani Willis' probe into Trump's attempt to overturn the election results in Georgia. Soon after, the senator requested that the Supreme Court intervene in the case, arguing that his testimony would violate his constitutional rights as a sitting member of Congress.

This led Justice Clarence Thompson to put a temporary hold on the order. However, SCOTUS unanimously decided to leave an Eleventh Circuit court order intact on Tuesday with no noted dissents, meaning Graham will have to testify.

Graham is currently scheduled to testify on November 17.

Cover photo: Kevin Dietsch / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

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