Sen. Lindsey Graham on Tuesday testified before a special grand jury in Georgia investigating possible illegal interference in the 2020 election by then-President Donald Trump and his allies in the state, according to his spokesperson.
“Today, Senator Graham appeared before the Fulton County Special Grand Jury for just over two hours and answered all questions,” the statement, shared by his communications director Kevin Bishop, reads.
“The Senator feels he was treated with respect, professionalism, and courtesy,” the statement continues. “Out of respect for the grand jury process he will not comment on the substance of the questions.”
The South Carolina Republican had attempted to fight the subpoena, arguing that a provision of the Constitution, the speech and debate clause, shielded him from being forced to testify at all. But the Supreme Court earlier this month rebuffed his challenge, clearing the way for him to testify.
Graham was first subpoenaed in July by Fulton County District Attorney Fani Willis.
Willis opened her investigation shortly after a recording of a January 2021 phone call between Trump and Georgia Secretary of State Brad Raffensperger was made public. In that call, Trump suggested Raffensperger could “find” the votes needed to overturn his narrow loss to Democrat Joe Biden.
Willis wanted to question Graham about two phone calls he made to Raffensperger and his staff in the weeks after the election. During those calls, Graham asked about “reexamining certain absentee ballots cast in Georgia in order to explore the possibility of a more favorable outcome for former President Donald Trump,” Willis wrote in a petition seeking to compel his testimony.
Graham also “made reference to allegations of widespread voter fraud in the November 2020 election in Georgia, consistent with public statements made by known affiliates of the Trump Campaign,” she wrote. She said in a hearing last month that Graham may be able to provide insight into the extent of any coordinated efforts to influence the results.
Raffensperger said he took Graham’s question about absentee ballots as a suggestion to toss out legally cast votes. Graham has dismissed that interpretation as “ridiculous.” Graham has also argued that the call was protected because he was asking questions to inform his decisions on voting to certify the 2020 election and future legislation.
In the Supreme Court’s order, the justices noted that Graham still could raise objections to some questions. Lower courts already have told Willis that she “may not ask about any investigatory conduct,” which is protected under the Constitution. The Supreme Court justices wrote earlier that their intervention is unnecessary because the courts “have held that Senator Graham may not be questioned about such activities.”
