Georgia District Attorney Moves To Force Lindsey Graham Testimony

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Fulton County District Attorney Fani Willis filed a court motion this week opposing a push by Sen. Lindsey Graham (R-S.C.) for the temporary suspension of a recent federal court decision denying his motion to quash a subpoena for his testimony.

The subpoena demands his testimony as part of Willis’s ongoing criminal investigation into pro-Trump election meddling in Georgia after the 2020 presidential election. Rudy Giuliani, a longtime Trump ally who was closely involved in attempts after the election to undercut Biden’s victory, recently spoke for some six hours before the special grand jury working on the Willis investigation, although it’s unclear what he said and if he substantively answered a significant number of questions. In Willis’s new motion against Graham’s attempt to stop his testimony while he appeals in federal court, she tears into a series of his arguments, including his insistence that protections for legislative acts somehow shield him from the kind of scrutiny he’s facing. As “this Court has addressed, there first must be a determination that legislative acts have taken place at all,” Willis wrote.

Actions Graham took that are under close investigation include his communications with Georgia Secretary of State Brad Raffensperger, to whom he raised the prospect of discarding entire counties’ caches of mail-in ballots — which would, of course, mean ditching legally cast votes. Among other points, Willis’s filing noted protections are available for situations involving potential privilege concerns. During eventual deliberations within state court, Graham can subsequently return to the federal level for dealing with what would apparently be more limited issues of potential privilege. Willis argued that allowing Graham to prevail in his push to put his sought after appearance before the special grand jury on further hold no matter these protections could significantly impede the entire probe.

“As this Court recognized in its Order, Senator Graham’s testimony is sought by the [special purpose grand jury] not simply because he possesses necessary and material information but also because he is expected to provide information regarding additional sources of relevant information,” Willis’s new court filing stated. “As a result, delaying the Senator’s testimony would not simply postpone his appearance; 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 SPGJ.” Willis’s filing notes concerns of extended, months-long delays, in the event of waiting for Graham’s appeal of the federal district court’s findings followed by any additional claims brought to federal court after the matter eventually lands back in Fulton County Superior Court, which holds jurisdiction over the Willis probe’s jury. Thus, Willis wants Graham’s attempt to put the district court order on hold, pending appeal, denied.

Willis also undercut some of Graham’s more lofty arguments, including that his fight against the subpoena he received is founded in what amount to ostensibly altruistic concerns about the separation of powers and protecting the people’s rights. “The Special Purpose Grand Jury, however, is the People: a collection of citizens called together to perform their civic duty on behalf of their neighbors and families,” the district attorney wrote. Trump complained on Wednesday after Giuliani testified that “if you want to challenge or protest Election results in any way, shape, or form… they will charge you and put you in jail” in Georgia, but Willis hasn’t charged — or jailed — anyone amid her election meddling investigation.